Codified Vs Uncodified Arguments

Question 1

Arguments for codified

Answer 1

Prevents elective dictatorship 
Entrenched safeguards
More certainty 
More checks and balances 
Our political system favours majorities and only elections keep gov honest (neglects minorities)

Question 2

Arguments against codified

Answer 2

Evolutionary and flexible
Time, effort money better spent else where
Elective dictatorships prevented through popular sovereignty
Changing laws is easier
Judicial tyranny

Question 3

Explain how codified prevents elective dictatorship

Answer 3

Lord hailsam
There aren’t sufficient checks and balances in unconfirmed : fusion of powers betw executive and legislative (pm commands largest party in House of Commons)
1991 retrospective law War Criminals Act
Parliamentary Reform (HoL 1911,1949 acts) … power to reform themselves

Question 4

Explain flexibility

Answer 4

Higher laws are harder to change and are binding … makes written constitutions and their entrenched laws easily outdated (e.g. 2nd amendment)
In uk if we want to change a law all we have to do is pas an act of parliament … in USA 2/3 majority needed in both house of reps and the senate or 2/3 of state legislators

Question 5

Explain judicial tyranny

Answer 5

Unwritten allows democratic parliament to be the supreme detergent of law rather than unelected, unaccountable judges
Codified constitution can be interpreted differently to how it was meant due to different values of senior judges
Judges should not be guardians of the constitution (unelected and unrepresentative…lack of democratic legitimacy to certain minority’s in society who don’t have opinions realised)

Question 6

Explain time, resources and money

Answer 6

Conventions require referendum to consent to codification … these cost (eu cost £142.4mil ignoring campaign expenditure)
Demand media attention to promote issue at home
Depreciates money and attention to more pressing issues
Referendum campaign can cause divisions in society (like eu) and thus have huge ramifications: alienating those against result and a huge political fallout

Question 7

Are codified completely inflexible?

Answer 7

They are adaptable as they don’t have to describe how every system in government should work
They also rely on practise of conventions, ordinary legislation and development of institutions not sound in the constitution and thus have to be flexible
Gov rests on public opinion therefore gov work has to respond to changes in attitudes and values (e.g. Gay rights opinions leading to interpretations of the constitution not considered previously) … Supreme Court takes cases and laws get passed
Constitution won’t be broken (unless through lengthy amendment process) but can be moulded to fit modern beliefs
Argument of flexibility still stands tho (just not as viable) due to the difference in ease and efficiency of creating new laws