The Nature Of The Uk Constitution Flashcards
Why is the UK constitution described as flexible a lot of the time?
Because due to it being uncodified, it doesn’t have to include these three features- of a codified one.
- it must be contained in a single document
- it must have a single source from a single moment in history
- the constitutional laws in it must be separated from other non-constitutional ones.
It is also un entrenched
What is meant by the term ‘uncodified’ and what are some positives and negatives of it?
Not contained in a single document.
-Good because the constitutional laws can be updated and evolve easily towards changing attitudes and ideas. -can simply be through acts of parliament, rather than needing supermajorities or referendums to amend rights.
-good because In the UK, Parliament is sovereign, meaning it has the supreme legal authority to enact or repeal any law. This ensures that the democratic will of the people, expressed through elected representatives, is paramount.
-Bad because they are less efffective at protecting rights e.g. after the Dunblane massacre in 1997, the uk government swiftly introduced sweeping gun regulations. This caused a large outcry as the population viewed this as an upheaval based on short term populist ideas.
Eg. The European Union (Withdrawal) Act 2018, which repealed the European Communities Act 1972, caused backlash as many feared it could lead to the erosion of rights previously safeguarded under EU law.
Outline the main features of codified constitution
-Single, Written Document: A codified constitution is compiled in a single, authoritative document, which makes it easy to identify, reference, and consult.
-entrenched,” meaning they are more difficult to amend or change than ordinary laws. Changes typically require a special process, such as a supermajority vote
-Supreme Law: In a codified constitution, the document is considered the “supreme law” of the land, meaning all other laws and government actions must align with it. Courts can strike down any law that conflicts with the constitution
