should we have a codified and entrenched constitution? Flashcards
1
Q
what type of constitution does the UK have
A
the UK has a very flexible uncodified constitution which is unentrenched
2
Q
what does uncodified means?
A
it isnt written in a single document and that it is very easy to change - only a simple act of parliament is required
3
Q
what are the arguments for a codified constitution?
A
- to safeguard citizens rights - moves by the conservatives to overturn the HRA suggest that these rights could be easily attacked
- rights being enshrined in one document would make people more educated and clear on their rights.
- it would give clarity over what is not constitutional - too often people in the UK are not aware of what governments can and cant do - prorogation of parliament
4
Q
what are the arguments for a codified constitution (2)
A
- it would provide clear separation of powers and limits to the powers of institutions - weak separation atm with executive generally dominating house of commons
- chance to remove the undemocratic parts of the UK such as the house of lords
- greater understanding of the values of the UK as their has been a push to promote british values in schools
- at the moment there is quite an non-uniform, assymetrical constitution (no english parliament) the logical thing to do would be to create a uniform constitution
5
Q
what are the arguments against a codified constitution?
A
- there is no agreement over how a codified constitution would be created and who would create it - we have not just experienced an independence war or a revolution.
- there is no consensus over what it would contain - it would likely contain things of the time and would be outdated in a few decades especially because the world is changing so fast
- the current constitution has shown it can be adaptable, look at all the changes since 1997
6
Q
what are the arguments against a codified constitution (2)
A
- codified constitutions are very hard to change and thus lead to outdated laws e.g., second amendment
- a codified constitution would take power off elected politicians and give it to unelected judges - prorogation of parliament blocked by supreme court
- there is no popular support for this change, constitutional changes such as regional assemblies have been dramatically rejected, suggesting there is a lack of support