UK constitution should be codified

Question 1

Question

Answer 1

Evaluate the view that the UK constitution should now be codified.

Question 2

Factors

Answer 2

• Clear rules Vs rigidity
• Protecting rights Vs too legalistic
• Limiting government Vs unnecessary

Question 3

Judgement

Answer 3

We shouldn’t codify

Question 4

Weaker argument - clear rules

Answer 4

→ Amendment process in US Constitution clear - in the UK we don’t have this meaning changes are messy: exiting the EU.
→ In the USA there are clear rules about people’s choice - in court people often evoke their ‘5th amendment right’ meaning they don’t have to answer questions posed to them.

Question 5

Stronger argument - too rigid

Answer 5

→ Certain US rights are now outdated - protection from housing soldiers or the right to form a militia.
→ In the US there are amendments such as the right to carry a weapon which cause a lot of controversy and divide society.
→ The flexibility of the UK constitution means we can change legislation based on issues of the day - e.g. the Coronavirus Act 2020.

Question 6

Weaker argument - protection of rights

Answer 6

→ Without a written constitution rights in the UK are not always protected - Prisoners’ right to vote.
→ In a written constitution your rights are much more clear - 1st amendment right: freedom of speech.

Question 7

Stronger argument - too legalistic

Answer 7

→ Rwanda Legislation blocked by the Supreme Court as it was declared unsafe for asylum seekers to be deported to - so rights are protected.
→ Gun control in the US: public supports limited access to firearms but legal arguments around the 2nd amendment has allowed groups like the NRA to protect the right of firearm ownership.
→ By having no constitution our decisions in the UK can reflect what the public want:
- Legislation being passed swiftly after Dunblane shootings in 1996 and after 9/11.

Question 8

Weaker argument - limited government

Answer 8

→ Supreme Court’s rejection of President Harry Truman’s attempt to seize steel mills during the Korean War in 1952 - it was unconstitutional to seize private property.
→ In the UK without a written constitution Johnson prorogued Parliament, whilst getting the Brexit deal through: issues with conventions.

Question 9

Stronger argument - unnecessary to codify to limit government.

Answer 9

→ Supreme Court ruled against Johnson proroguing Parliament.
→ Media scrutiny means that government is held to account: Amber Rudd stepping down after Yvette Cooper found her to be lying about the Windrush Scandal.
→ We hold our government to account through election - Tories suffered worst defeat in 2024 as a result of Partygate, Expenses Scandal, Truss, Hancock.