Evaluate the view that there are more advantages to having a codified constitution than uncodified Flashcards
- Provides Flexibility (Uncodified) explore the civil marriages and who by and why the act was introduced
when it became a popular opinion then PM Tony Blair and his labour government were able to pass the Civil Partnership Act 2004
- Provides Flexibility (Uncodified) explore the introduction of the Equalities Act 2010 and provide an analysis of the uncodified constitution in relation to rights
the Equalities Act 2010 was passed by Gordon Brown which legally protected people from discrimination in the workplace and wider society
the flexibility of an uncodified constitution allows for there to be adaptations and increasements of British Rights in the UK when there is a shift in social climate
- Provides Flexibility (Uncodified) explore the handgun outlaw
After Dunblane massacre handguns were banned after a quick and efficient emergency act of parliament only taking a few weeks to create
- Provides Flexibility (Uncodified) explore what would have happened if the Dunblane Massacre had happened under a codified constitution
if the constitution was codified like in the US where the 2nd Amendment is entrenched and codified then school shootings would prevail
- Provides Flexibility (Uncodified) which fundamental principle is upheld in an uncodified constitution
the fundamental principle upheld is parliamentary sovereignty
- CA - Codified prevent Govt from making laws which harm us (Codified) explain the police crime and sentencing bill
The police crime and sentencing bill passed by Priti Patel drastically reduces the right to protest
it allows for police to impose start and finishing times, shut down noisy protest and classify one person demonstrations as a protest
- CA - Codified prevent Govt from making laws which harm us (Codified) explore the idea of an elective dictatorship
an uncodified constitution turns into a relation of elective dictatorship
- CA - Codified prevent Govt from making laws which harm us (Codified) explore the nationalities and borders bill
provide an analysis
The Nationalities and borders bill makes it easier for the Home Secretary to remove the citizenship of someone who may have dual nationality
this therefore places a lot of restrictions and applicable punishments to migrants and uplifts the protections had prior to the Bill which would be harder to do with a codified constitution
- CA - Codified prevent Govt from making laws which harm us (Codified) what is the investigatory powers act
provide an analysis relating to higher laws
the IPA allows for heightened government surveillance activities to occur and has been described as the “Snoopers Charter”
an uncodified constitution means that rights of the UK citizens are not protected by a higher law
- CA - Codified prevent Govt from making laws which harm us (Codified) explain the nature of FPTP and what it allows the government to do
FPTP creates majority governments without majority vote
it therefore enables to government to over-ride and implement acts which protect the privacy of Brits and circumvent the provisions of the HRA which would not be the case with a codified constitution
- Places power in the hands of elected politicians (Uncodified) explore the theme of accountability
placing power in the hands of elected politicians increases the ability of holding MPs to account
- Places power in the hands of elected politicians (Uncodified) explore the theme of rights and security in relation to an uncodified constitution
Politicians can therefore make the balance between rights and security
- Places power in the hands of elected politicians (Uncodified) explore the idea of democratic decisions
the government can make democratic decisions as they have a mandate from the people to act on their accord
- Places power in the hands of elected politicians (Uncodified) what principle does a codified constitution undermine
a codified constitution undermines parliamentary sovereignty
- Places power in the hands of elected politicians (Uncodified) explore the idea of Judicial activism
a codified constitution may lead to judicial activism and allow the courts to undermine the legislative progress of the elected branch of government
- CA - Codified places good power to the Judiciary (Codified) what would a codified constitution do to Judiciary powers and what would this therefore do
a codified constitution would place powers in the hands of the judiciary
this would therefore raise the profile and stature of the SC and lead to judicial activism
- CA - Codified places good power to the Judiciary (Codified) explore the idea of the judiciary becoming guardians of the constitution
Judges would be able to become true guardians of the constitution and would allow the SC to become a check on the actions of government
- CA - Codified places good power to the Judiciary (Codified) explore the idea of most liberal democracies
in most liberal democracies the SC acts as a check on the other branches
- CA - Codified places good power to the Judiciary (Codified) explore the idea of politicians acting in partial ways
Elected politicians often act in very partial ways
the conservatives want to remove the right to protest as they want to appease their backbenchers
- CA - Codified places good power to the Judiciary (Codified) explore the idea of Judge impartiality and provide an analysis relating to a codified constitution
Due to the independent nature of the judiciary, it would therefore be trusted for the Judiciary to act in an impartial manner
therefore, with a codified constitution, the judges can become efficient guardians against an over-bearing government
- CA - Codified places good power to the Judiciary (Codified) explore the idea of Judiciary and liberalism
this would conform to the idea of liberalism as it reduces the potential of an overbearing establishment
- Uncodified constitution allows for responsive govt (Uncodified) what do conventions allow the government
conventions allow the government some room to act in less defined ways
- Uncodified constitution allows for responsive govt (Uncodified) explore the idea of breaking individual ministerial responsibility to act in a flexible way
IMR is a convention but if one were to break it to act in a flexible way then there would be no prosecution or reprimand
- Uncodified constitution allows for responsive govt (Uncodified) explore what Cameron did with CCR and whats the analysis
David Cameron suspended CCR during the coalition and again during the Brexit referendum
this allows for the government to act in nimble ways regarding governance
- Uncodified constitution allows for responsive govt (Uncodified) explore the idea of the govt not being subject to loads of statutory laws
Govt in the UK are not subject to lots of statutory laws, rather, the constitution is broad and based on non-statutory laws
- Uncodified constitution allows for responsive govt (Uncodified) explore what Blair did with Iraq and why
Blair wanted to go to war with Iraq and did not consult his cabinet fully as he feared that leaks would harm national security
- Uncodified constitution allows for responsive govt (Uncodified) explore what Blair did with special advisors and provide an analysis
Blair used special advisors more over civil servants
it was innovative and creative
- Uncodified constitution allows for responsive govt (Uncodified) explore what Blair did with the home office
Blair broke up the home office into two and created a justice ministry
- Uncodified constitution allows for responsive govt (Uncodified) explore the covid Tsar role and provide an analysis
A vaccine Tsar tole was created in which BJ took powers from the Health Secretary
Govt evidently functions in a far more organic and natural way. increases malleability
- CA - codified clarify roles of PM, CAB + Parl (Codified) explore the breaking of Cabinet by Blair
Blair was able to get away with breaking the cabinet government for his entire 10 years.
He never had a single vote in his cabinet and ran a sofa cabinet
- CA - codified clarify roles of PM, CAB + Parl (Codified) explore the link between prerogative powers and a a codified constitution
a codified constitution will put under statute law the prerogative powers of the PM
- CA - codified clarify roles of PM, CAB + Parl (Codified) explore the Priti Patel IMR break
When BJ refused to sack Priti Patel for breaking IMR then the law would force her resignation
