codified vsv uncodified

Question 1

What are reasons not to codify the uk constitution
- FEDC

Answer 1

• flexibility
• executive powers
• dangers of politicising the judiciary
• conservative pragmatism - in the UK

Question 2

give 2 reasons for a BBoR

Answer 2

• the EChR lead to the HRA which is “too european”
• the HRA can be easily misinterpreted
  —>people are not being legally deported by claiming the “right to a family life”

Question 3

give 6 reasons against the BBoR

Answer 3

• power grab by the state
• currently, anyone can claim the HRAs sanctity in england w/out having to go to Strasbourg court
• HRA protects basic human rights which everyone should agree to anyways
• protects parliaments sovereignty
• threatens refugee convention anf good friday agreement
• leads to new hurdles —> having to prove good behaviour or significant disadvantage

Question 4

what are 5 reasons to codify the uk constitution
- CHEMR

Answer 4

• clarity
• human rights
• executive power
• modernity
• rationality

Question 5

expand on and give appropriate examples of flexibility being a a reason for an uncodified constitution

Answer 5

• flexibility - can adapt to a changing world, rooted in and not seperate from society
  —> after Dunblane massacre in 1996, the law was easily changed to ban the ownership of most types of handguns after less than a year but in the US despite 83% of americans favouring background checks for gun buyers in 2018, debate over the 2nd amendment right is long going

Question 6

expand on and give an example of executive powers being a reason for an uncodified constitution

Answer 6

• when there arent constitutional safeguards, gov. can be more powerful