Strengths and weeknesses uncodified comstutution Flashcards

1
Q

Strengths?

A

-Feedom
-Tradition
-Works well
-strong gof
-No demand
-Flexible
-Rights

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2
Q

Strengths of uncodified- Freedom

A

We have more freedom do decide- It would be hard to devise a constitution that pleases everyone

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3
Q

Strengths of the constitution- tradition

A

The traditional constitution (The westminster model) claims this is how it should operate

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4
Q

Strengths of constitution- Works well

A

systems worked well for hundreds of years providing stability

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5
Q

Strengths of constitution- Strong govt?

A

Provides a strong and effective govt who don’t rely on constitutional parliamentary scrutiny

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6
Q

Strengths of constitution- no demand

A

Their is no widespread demand for intrest and change

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7
Q

Strengths of the constitution- Flexible

A

It’s felxible and allows adjustments

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8
Q

Strengths if the constitution- Rights

A

People’s rights aren’t guaranteed in a codified constitution (USA- gun laws

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9
Q

Weekness of the uncodified constitutions- why we should adopt a codified constitution?

A

-Accsesability
-Uncertainity
-Outdated
-Executive dominance
-Seperation of powers
-Lqck of protection
-Difficulty to identify lawful behaviour
-Lack of clear values
-Constitutional crisis

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10
Q

Weeknesses of an uncodified constitution- why should we adopt a codified constitution?- Accsesability

A

Uncodified constitution can’t be accessed easily due to different sources
If we adopt a codified it means we can see constitution from
one source

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11
Q

Weeknesses of an uncodified constitution- why should we adopt a codified constitution?-Uncertainty

A

Uncodified causes uncertainty about different roles meaning if we get codified it creates more certainty (role of the monarch)

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12
Q

Weeknesses of an uncodified constitution- why should we adopt a codified constitution?- Outdated

A

Uncodified outdated it’s ineffective and undemocratic e.g. HoL dominance

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13
Q

Weeknesses of an uncodified constitution- why should we adopt a codified constitution?- Executive dominance

A

In uncodified theirs a tendnacy of executive dominance (Tony Blair’s removal of PMQ) A codified constitution would constraint power

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14
Q

Weeknesses of an uncodified constitution- why should we adopt a codified constitution?- Seperation of powers

A

If we adopt a codified we would have a separation of powers and an executive that excerisises great contra over legislative process and sub national govt

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15
Q

Weeknesses of an uncodified constitution- why should we adopt a codified constitution?- Lack of protection

A

It we had codified it would protect independence of judiciary
Unentreched rights in uncodified aren’t protected but if we had codified key laws would be protected

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16
Q

Weeknesses of an uncodified constitution- why should we adopt a codified constitution?- Difficulty to identify lawful behaviour?

A

Difficulty in court to interpret what lawful behaviour and interpretation
At moment of judicial review is limited and theirs no defined criteria for determine what’s unconstitutional

17
Q

Weeknesses of an uncodified constitution- why should we adopt a codified constitution?- Lack of clear values

A

If codified it would set out clear values and structure of political system

18
Q

Weeknesses of an uncodified constitution- why should we adopt a codified constitution?-Constitutial crisis

A

It would prevent a constitutional crisis with codified
Constitutional crisis in uncodified is the 2010 hung parliment