constitution should be entrenched and codified Flashcards
one document enhances political literacy
-constitution has always been hard to understand
-many UK citizens do not understand due to its design, it is multi source containing statute, common law, authoritative works, conventions, treaties and royal prerogatives
-US or French constitutions are single documents and can be easily learned and understood, increasing democratic engagement
-it requires a significant degree of political literacy to understand the UK Constitution
enhances political literacy evaluation
It is a stretch to suggest that a codified constitution alone would solve Britain’s participation crisis. The US a country with a codified constitution since 1789 has lower voter turnout than the UK in major elections. Hence, rather than changing the Constitution, the UK should look at improving the quality of politics education.
flexibility
-due to the single tier legal system in the UK there is no need for super majorities to change the constitution
-it is a pragmatic system
-unlike the US system which has failed to change the constitution to protect womens rights
-evidence of the constitution adapting to the general will include devolution and the European Withdrawal Act 2020
-the UK has gone through more constitutional change since 1997 than the US since 1789
flexibility evaluation
-codified constitutions provide better protection of rights for citizens, as they are harder to change (US Constitution requires 75% supermajority)
-in the UK rights can easily be eroded e.g. Blairs Terrorism Acts of 2000 and 2006
‘imperial judiciary’
-currently parliament is sovereign but with a codified system the constitution is sovereign
-when a legal challenge arises in the US, the unelected judges of the USSC interpret the constitution to determine public policy, undemocratic
-referred to as the ‘judicialisation of politics’ with politics being determined by judges rather than politicians e.g. Roe v Wade
‘imperial judiciary’ evaluation
There is too much emphasis on the US Constitution in the UK’s own debate about adopting a codified constitution. The UK does not have to copy the US model with a powerful judiciary – which is an unusual example when compared to other codified systems globally. The other point is that judges often expand liberal democracy by protecting and expanding the rights of citizens – so if the UK did choose to adopt a powerful judiciary, it would be an effective check on populism
liberal reforms have been allowed in UK system
-liberal minded politicians have the ability to advance liberalism when in power due to the UK system
-examples of liberal reforms include: devolution (decentralising power to Scotland, Wales and NI), Human Rights Act 1998 (gave judges power to make declarations of incompatibility if parliament’s legislation isn’t compatible with ECHR)
liberal reforms evaluation
From a liberal perspective, the only safeguard against tyranny is an entrenched constitution based around the principles of individual rights and limited government. The UK Constitution at present has no such safeguards.
