Should we have a codified constitution?
- Created by: bethsmith99
- Created on: 11-04-16 21:23
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- Should we have a Codified Constitution?
- Rigidity
- Codified tends to be more rigid because higher law is difficult to change than statue law.
- Could therefore become easily outdated + fail to respond to an ever changing political environment.
- Codified tends to be more rigid because higher law is difficult to change than statue law.
- Clear Rules
- Judicial Tyranny
- Judges not best to police the constitution as they are unelected and socially unrepresentative.
- Would therefore be interpreted in a way that is not subject to public accountability.
- May also reflect the preferences and values of senior judges.
- Would therefore be interpreted in a way that is not subject to public accountability.
- Judges not best to police the constitution as they are unelected and socially unrepresentative.
- Limited Government
- Cut government down to size. Would provide a solution to the problem of elective dictatorship by ending parliamentary soveriengty
- Higher law would also safeguard the constitution from interference by the govt of the day..
- Cut government down to size. Would provide a solution to the problem of elective dictatorship by ending parliamentary soveriengty
- Neutral Interpretation
- Rigidity
- Collected together in a single document, more clearly definied.
- Creates less confusion about the meaning of constitutional rules and greater certainty that they can be enforced.
- Clear Rules
- Judges not best to police the constitution as they are unelected and socially unrepresentative.
- Would therefore be interpreted in a way that is not subject to public accountability.
- May also reflect the preferences and values of senior judges.
- Would therefore be interpreted in a way that is not subject to public accountability.
- Cut government down to size. Would provide a solution to the problem of elective dictatorship by ending parliamentary soveriengty
- Higher law would also safeguard the constitution from interference by the govt of the day..
- Would be 'policed' by senior judges. Would ensure provisions of the consititution are properly upheld by other public bodies.
- As judges are 'above politics' they would act as neutral and impartial constitutional arbiters.
- Neutral Interpretation
- Legalistic
- Codified are legalistic documents, created by people at one point in time. They are often dry and only properly understood by lawyers and judges.
- Unwritten has been endorsed by history and so have an organic nature.
- Should we have a Codified Constitution?
- Rigidity
- Codified tends to be more rigid because higher law is difficult to change than statue law.
- Could therefore become easily outdated + fail to respond to an ever changing political environment.
- Codified tends to be more rigid because higher law is difficult to change than statue law.
- Judicial Tyranny
- Limited Government
- Rigidity
- Codified are legalistic documents, created by people at one point in time. They are often dry and only properly understood by lawyers and judges.
- Codified are legalistic documents, created by people at one point in time. They are often dry and only properly understood by lawyers and judges.
- Unwritten has been endorsed by history and so have an organic nature.
- Political Bias
- Constitutional documents, are inevitably biased as they enforce one set of values or principles in preference to others.
- Codified const. can never be 'above' politics. They may therefore precipitate more conflict than they resolve
- Constitutional documents, are inevitably biased as they enforce one set of values or principles in preference to others.
- Protecting Rights
- Individual liberty much more secure, as it would define the relationship between the state and the citizens, possibly though bill of rights.
- Rights would therefore be more clearly defined and easier to enforce.
- Individual liberty much more secure, as it would define the relationship between the state and the citizens, possibly though bill of rights.
- Written constitution has educational value, as it highlights the central values and overall goals of political system.
- Would strengthen citizenship by creating a clearer sense of political identity, which may be particularly important in an increasingly multi-cultural society.
- Education + Citizenship
- May not be most effective way of limited government power,
- Improving democracy and strenghtening checks and balances- better ways of preventing over-might government
- Unnecessary
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