UK Chapter 3 - should the UK have a codified constitution?

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  • Should the UK have a codified constitution?
    • No
      • a codified constitution may reflect the time it was written and become outdated quickly, an uncodified constitution remains flexible and can adapt easily to society
      • no easy way to gain consensus over how to draw up a constitution
      • little public appetite for it, many other issues considered more important
      • would contradict principle of parliamentary sovereignty
      • more difficult to change laws, a rigid structure, currently laws can be introduced with a simple Act of Parliament
      • too much power in the hands of judges - they'd decide whether laws are constitutional, may make this branch of government more political
    • Yes
      • could help protect peoples' civil liberties, and better define rights that people have
        • strengthen the HRA
      • would protect status of local and subnational governments
        • help progress devolution
        • Westminster wouldn't be able to abolish the Welsh Assembly
      • would stop confusion over powers that Parliament has, would provide clarity on what is constitutional and what is unconstitutional
      • would help educate citizens on their rights
        • added legitimacy
      • logical conclusion of recent constitutional reforms
      • would tackle centralisation of power and the potential of an 'elective dictatorship' by setting limits on the executive

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