UK’s constitution should now be codified?

Question 1

Clarity and Transparency

Answer 1

1. In the US, the Constitution is referenced in over 80% of Supreme Court cases, showing its importance in guiding legal decisions.
2. Many people were unaware of how Brexit could legally unfold, such as whether Parliament could override a referendum result, leading to confusion and mistrust.

Question 2

Protection of Rights and Freedoms

Answer 2

1. The Human Rights Act 1998 could be repealed by a simple majority in Parliament—if rights were constitutionally entrenched, this would be harder to do. (attempted in 2022 with bill of rights)
2. The Rwanda asylum plan (2024) led to controversy over potential breaches of human rights; a codified constitution could clearly define the limits of such government actions.

Question 3

Limit on Executive Power

Answer 3

1. In 2019, the Miller II ruling reinforced the importance of legal checks on the executive, but this is still largely reliant on the judiciary’s interpretation of existing law.
2. 2024 Rwanda Bill

Question 4

Preservation of Parliamentary Sovereignty

Answer 4

1. In the United States, the Supreme Court’s decision to overturn Roe v. Wade (2022) shows how unelected judges can reshape national policy.– ruled unconstitutional by conservative majority in S.C
2. The FTPA was heavily criticised for creating gridlock (e.g., during the 2019 Brexit deadlock).Reversal restored the PM’s prerogative power to request an election from the monarch

Question 5

Traditional institutions have worked well

Answer 5

1. The royal prerogative powers have been used to manage national crises, like the response to the COVID-19 pandemic.
2. The House of Lords was reformed in 1999 to remove most hereditary peers– HL reform 2024-25 intends to removing remaining

Question 6

Flexibility and Adaptability

Answer 6

1. The Fixed-term Parliaments Act 2011 was repealed in 2022 after it proved unworkable—an example of how uncodified rules can adapt when needed.
2. The UK can make significant changes through simple Acts of Parliament, such as the Human Rights Act 1988 or the Devolution Acts ( northern ireland act 1998)