Should The Uk Constitution Be Codified?

Question 1

Theme : flexibility vs rules

Answer 1

For: clear sets of rules established.
Ev: USA has a clear list of rules established in one single document.
Ex: means that citizens have clarity over the laws in the constitution as it is all in one document.
Analysis: sig in ensuring citizens are clear on the limits and powers of gov as well as the rules in the uk.

Counter: flexibility is needed
Ev: 1996 dunblane massacre,USA 2nd amendment cannot stop or control guns
Ex: shows flexibility bc all guns and riffles were banned in the uk within a year bc it is unentrenched.
Analysis: sig in showing us that a codified constitution may not be needed if it poses such a threat or danger to citizens lives.

Con: overall it is more convincing to argue that the uk shouldn’t be codified as it gives more flexibility for the gov to adapt to circumstances that poses a major threat endangering the lives of citizens.

Question 2

Theme: gov power

Answer 2

For: limits gov power
Ev: USA and France have clear limits on gov power bc it is codified
Ex: limits abuse of power and the exploitation of law as it holds the gov accountable. Makes it harder for gov to expand their authority without checks. Codified = certain rights would be protected from arbitrary, safeguard clear balance between gov and citizens=stable legal system. However, the uk abused the belmarsh case which undermines democracy
An: sig as it holds the gov accountable, preventing excessive dictorship.

P: uk brought in strong anti terrorism laws
Ev: after 911 uk passed the anti terror risk act 2000
Ex: gov can quickly respond n adapt to sudden changes due to con being uncooked which enable them to set clear boundaries to protect citizens.
However, it may lead to elective dictatorship an: this is sig as it leaves the system vulnerable to potential overreach by govt excessive unchecked powers

Question 3

Human rights

Answer 3

P: hrs not fully protected as not in one single document
Ev: under a. Codified on, hrs are clear n set in stone, they cannot be repealed
Ex: clearly establishes hr laws which is deeply embedded into con, protect citizens at all costs so democracy is enhance bc protects individuals n accountability of law. Democratic legitimacy bc political system upholds dignity rights of citizens-demonstrates commitment to fairness.
Without it being entrenched democracy risks being illegitimate n superficial with power centred in gov, leaving minority ethnic groups exposed which undermines democracy.
An: sig as entrenched laws help secure the hrs of citizens, makes sure the laws are representative of the whole population=feel safe

P: European convention of hr has been added to uk con
Ev: hj + ht vs home office 2010 protected 2 gay men from persecution , gave them refuge in uk
Ex: hr secured in the uk despite being uncodified , means that its still heavily protected and even extends to people coming in to seek refuge, showing the efficacy of it in action.
An: sig as the uk to the international stage is a country with strong human rights enforced in law, archetypal of democracy so codified con is not needed.