Should the U.K constitution be codified?

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Should the U.K constitution be codified?

Advantages

  • In Favour of Codification:
  • CLARITY - citizens know how power is distributed and what the limits are to the power of political institutions
  • LIMITING GOVERNMENT - a codified constitution is likely to prevent a 'drift' of power towards over-powerful government
  • SAFEGUARDING THE CONSTITUTION - If codified, it would be difficult for a government to amend the constituency for their own benefit due to it being 'entrenched'
  • RIGHTS - would clearly state the rights of citizens and help prevent government from abusing those rights
  • STRONG JUDICIARY - such a constitution could be effectively protected by senior judges

Disadvantages

  • Against Codification:
  • FLEXIBILITY - an uncodified constitution can be easily changed and so evolve and adapt to changing circumstances
  • STRONG GOVERNMENT - might limit the power of government too much, making government ineffective
  • ACCOUNTABILITY - governments cannot 'hide' behind an codified constitution to justify their inactvitiy, thus making them more accountable
  • POPULAR CONTROL - though uncodified constitutions seem easy to change, in practice they can only be changed if the people desire change
  • WEAK JUDICIARY - as it is not codified, such a constitution is less subject to control by unelected, unaccountble judges

Evaluation

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