Codifiying the British Constitution

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  • Created by: Holly
  • Created on: 19-05-13 11:42

Codifiying the British Constitution

Advantages

  • With an Uncodified constitution, it cannot be easily seen. Uncertainty. This is particularly relevant now that Britain is a member of the EU
  • Complaints of an 'elective dictatorship' due to uncodified constitution. The government can change the rules for its own interest
  • Provide and up to date statement of British Rights
  • Key provisions would be entrenched
  • Easier for the courts to interpret the intentions of Parliment and enforce law
  • Educative value.

Disadvantages

  • The current constitution works well, and has survived many hundreds of years.
  • No wide-spread demand for a codified constituition
  • Flexibility of uncodified constitution allows us to keep it up to date according to circumstances.
  • Good protection of rights, it respects individual liberty.
  • Difficulty in devising a new constitution
  • Codified constitutions are inflexible
  • Codified constitutions have not proved durable

Evaluation

Britain should not have a codified constitution because they are inflexible, indurable & do not guarantee rights. The current constitution works well, it is flexible and there is no demand for change. It would also be difficult to devise a new constitution.
However, it is important to note that and uncodified constitution causes uncertainity within the law and can cause an 'elective dictatorship'. A codified constitution would entrench key provisions, provide an up to date statement of British Rights, have a higher educative value and there would be less ambiguity in law enforcement.

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