The British Constitution is becoming increasingly codified. Discuss.

  • Various sources of the constitution
  • Meaning of codified 
  • Also the alternative uncodified
  • british const is condified - unwritten
  • Balance between the various sources of the const - the growing body of codified constitutional law
  • Incorporation of the ECHR (HRA 1998)
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  • Created by: Ella RR
  • Created on: 28-05-14 18:02

The British Constitution is becoming increasingly codified. Discuss.

Advantages

  • Incorporation of the ECHR (and the HRA) - many of its provisions effectively replace much of the common law with respect to various freedoms, such as freedom of speech and assembly, and freedom from arrest without trial
  • 2005 Constitutional Reform Act
  • Membership of the EY, reference to the Social Chapter accepted by New Labour
  • Freedom of Information Act also represents a further codifying of the const
  • Devolution legislation, character of fundamental law, limiting the powers of Westminister, a formerly sovereign parliament
  • Quasi-federal constitution

Disadvantages

  • No popular need for a codified constitution
  • Flexibility of uncodified const makes it easy to make adjustments
  • Protection of our rights has genuinely been good
  • Difficult to devise
  • written const may not be durable

Evaluation

Must clearly focus on the proposition in the question. Supported with examples

Comments

NicoleKhabra

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You deviated from the question in your arguments for "disadvantages" - you discussed why there SHOULDN'T be a constitution rather than WHY the Constitution is NOT becoming codified