Codified Constitution Flashcards
should there be a codified constitution?
Would allow for greater protection of peoples rights
A codified constitution would still be able to change but only if that is what most people support, therefore reflecting and representing the people more accurately
should there be a codified constitution? YES
CLEAR RULES
The Constitution will be collected together in a single document, which will mean the rules governing the country will be more clearly defined and there will be less confusion about what makes up our constitution
in turn providing more certainty that these rules can be enforced
Would provide greater clarity about citizens rights and the powers of government
Would clarify uncertainty about conventions governing the power of the Prime Minister, circumstances in which ministers should resign and what happens in the event of a hung parliament with no clear election winner
should there be a codified constitution? YES
LIMITED GOVERNMENT
Would cut the government down to size and provide a solution to the problem of elective dictatorship by ending absolute Parliamentary sovereignty
The government will not be able to interfere with the Constitution however they please if it is codified
a Bill of Rights would protect individual liberties more than the human rights act 1998 (e.g. 2005 control orders demonstrate how the government can find ways around the act)
An uncodified constitution allows the government to push the boundaries of what should be politically possible and increase their own power
should there be a codified constitution? YES
EDUCATION
Codification of the Constitution would educate the public about constitutional issues and promote greater respect for political institutions
Codified constitutions are usually entrenched too which would make it very hard to amend the constitution
To do so would require a very orderly and careful process which would reduce the chances of a government pushing through rushed and ill considered changes
should there be a codified constitution? YES
CONSTITUTIONAL COURT
A constitutional court like in the USA staffed by senior judges with expert knowledge could assess the constitutionality of actions by Parliament and the executive, judging their behaviour using a clear set of rules
Increases the legitimacy of the political process
should there be a codified constitution? NO
TIME CONSUMING / UNNECESSARY
There is almost no public demand for such a change
it would also be very difficult to find consensus on what to include in a codified constitution, meaning codification would take years of debate and consultation
should there be a codified constitution? NO
INFLEXIBLE
an uncodified constitution allows for greater flexibility
The UK constitution can adapt to political and social change very easily
Constitutional reform since 1997 can be seen as evidence of the Constitution’s ability to absorb change
the Executive can rapidly respond to changing situations (e.g. countering the threat of terrorism, the government would be very constrained under a codified constitution)
should there be a codified constitution? NO
MORE SOURCES AVAILABLE
A lot of the Constitution is already written and works of authority and numerous other sources provide clear guidance
Codified constitutions only have one document and usually require extensive interpretation
should there be a codified constitution? NO
UNELECTED JUDGES
Would put an unjustifiable degree of power in the hands of unelected and unaccountable judges who are often out of touch with public opinion
should there be a codified constitution? NO
CHALLENGES PARLIAMENTARY SOVEREIGNTY
Would bind future parliaments and is therefore a direct challenge to Parliamentary sovereignty which is the basis of the whole constitution in the UK
