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-Outdated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Weeknesses of an uncodified constitution- why should we adopt a codified constitution?- Outdated
Uncodified outdated it’s ineffective and undemocratic e.g. HoL dominance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