UK Constitutions: Obstacles

Question 1

No Process for Introducing a Written Constitution

Answer 1

No mechanism for introducing higher law. Parliament cannot bind itself. The solution is to invent a mechanism through a cross-party convention to draw up provisions, followed by a referendum.

Question 2

Effects of a Codified Constitution

Answer 2

• Power of government
• Relationship between executive and Parliament
• Relationship between central and local government
• Relationship between politicians and judges
• Individual rights and freedoms

Question 3

Arguments For a Codified Constitution

Answer 3

• A constitution must limit the government, which an uncodified constitution fails to do (the government can increase its own powers any time it wishes.
• The solution is to put power beyond the government with an entrenched constitution.
• Would allow judges to become ‘guardians of the constitution’ and remain above politics.

Question 4

Arguments Against a Codified Constitution

Answer 4

• Artificial, legal device
• Will lead to ‘tyranny of judges’ over elected politicians
• Limited government could be achieved via separation of powers or checks and balances