What are the arguments for and against adopting a codified constitution? Flashcards
What is a codified constitution?
A codified constitution is a single written document that outlines the fundamental laws and principles of a state.
True or False: The UK currently has a codified constitution.
False
What is one argument in favor of adopting a codified constitution in the UK?
It would provide clarity and certainty in the law.
Fill in the blank: A codified constitution could enhance _________ by clearly defining the powers of government.
accountability
What is a potential drawback of a codified constitution?
It may be too rigid and unable to adapt to changing circumstances.
True or False: A codified constitution would make it easier for citizens to understand their rights.
True
What is one argument against adopting a codified constitution?
It could limit parliamentary sovereignty.
What does parliamentary sovereignty mean?
Parliamentary sovereignty is the principle that Parliament has the supreme legal authority to make or repeal any law.
Which country is often cited as an example of a codified constitution?
The United States
How might a codified constitution impact judicial review?
It could empower courts to interpret and enforce constitutional provisions.
True or False: A codified constitution would require a referendum for amendments.
True
What is one argument for flexibility in the current UK constitution?
It allows for quick responses to political and social changes.
Fill in the blank: A codified constitution may promote _________ by ensuring that all laws conform to constitutional standards.
rule of law
What is a potential risk of a codified constitution?
It could lead to judicial overreach where judges have too much power.
True or False: A codified constitution could unify the diverse legal traditions in the UK.
True
What is the role of constitutional conventions in the UK?
They are unwritten practices that guide political behavior and government operations.
What might be a challenge in drafting a codified constitution for the UK?
Reconciling the interests of different nations within the UK.
Fill in the blank: A codified constitution could enhance _________ by providing a clear framework for governance.
stability
What is one argument against the need for a codified constitution in the UK?
The existing uncodified constitution has worked effectively for centuries.
True or False: A codified constitution would eliminate all forms of constitutional ambiguity.
False
What is one way a codified constitution could protect minority rights?
By enshrining specific rights that cannot be easily altered by the majority.
What is meant by the term ‘entrenched provisions’?
Provisions that are protected from amendment except by a special process.
What is a common criticism of codified constitutions in terms of political debates?
They may lead to increased polarization and legal battles over interpretation.
How could a codified constitution affect the relationship between the UK and the EU?
It could complicate the legal framework regarding the supremacy of EU law.
Fill in the blank: The lack of a codified constitution in the UK is often cited as a reason for its _________.
flexibility
What is one argument for transparency in governance related to a codified constitution?
It would make the legal framework more accessible to the public.
