Strengths and weeknesses uncodified comstutution Flashcards
Strengths?
-Feedom
-Tradition
-Works well
-strong gof
-No demand
-Flexible
-Rights
Strengths of uncodified- Freedom
We have more freedom do decide- It would be hard to devise a constitution that pleases everyone
Strengths of the constitution- tradition
The traditional constitution (The westminster model) claims this is how it should operate
Strengths of constitution- Works well
systems worked well for hundreds of years providing stability
Strengths of constitution- Strong govt?
Provides a strong and effective govt who don’t rely on constitutional parliamentary scrutiny
Strengths of constitution- no demand
Their is no widespread demand for intrest and change
Strengths of the constitution- Flexible
It’s felxible and allows adjustments
Strengths if the constitution- Rights
People’s rights aren’t guaranteed in a codified constitution (USA- gun laws
Weekness of the uncodified constitutions- why we should adopt a codified constitution?
-Accsesability
-Uncertainity
-Outdated
-Executive dominance
-Seperation of powers
-Lqck of protection
-Difficulty to identify lawful behaviour
-Lack of clear values
-Constitutional crisis
Weeknesses of an uncodified constitution- why should we adopt a codified constitution?- Accsesability
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
Weeknesses of an uncodified constitution- why should we adopt a codified constitution?-Uncertainty
Uncodified causes uncertainty about different roles meaning if we get codified it creates more certainty (role of the monarch)
Weeknesses of an uncodified constitution- why should we adopt a codified constitution?- Outdated
Uncodified outdated it’s ineffective and undemocratic e.g. HoL dominance
Weeknesses of an uncodified constitution- why should we adopt a codified constitution?- Executive dominance
In uncodified theirs a tendnacy of executive dominance (Tony Blair’s removal of PMQ) A codified constitution would constraint power
Weeknesses of an uncodified constitution- why should we adopt a codified constitution?- Seperation of powers
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
Weeknesses of an uncodified constitution- why should we adopt a codified constitution?- Lack of protection
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
Weeknesses of an uncodified constitution- why should we adopt a codified constitution?- Difficulty to identify lawful behaviour?
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
Weeknesses of an uncodified constitution- why should we adopt a codified constitution?- Lack of clear values
If codified it would set out clear values and structure of political system
Weeknesses of an uncodified constitution- why should we adopt a codified constitution?-Constitutial crisis
It would prevent a constitutional crisis with codified
Constitutional crisis in uncodified is the 2010 hung parliment