'There is now an overwhelming case for a codified UK constitution' Discuss.

  • Comment on specific sources of the const, both written - which applies to many of the sources of the UK const (statute, case law) and unwritten (conventions).
  • Features of the UK const - flexible
  • Recent key developments - implications of British membership of the EU, the HRA (1998), Devolution, and the Constitutional Reform Act 2005
  • USA Constitution - written
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  • Created by: Ella RR
  • Created on: 28-05-14 17:12

'There is now an overwhelming case for a codified UK constitution' Discuss.

Advantages

  • Rights and a body of other fundamental laws entrenched
  • Places limits on the power of politicains
  • Codification offers clarity

Disadvantages

  • Recent developments like HRA now protect basic rights
  • Uncodified allows flexibility
  • Courts would have too much power (like in the US)

Evaluation

'Overwhelming' is a discriminator and isn't true in all aspects of this case. It is overwhelming as scope and power of government has increased, not overwhelming as EU membership, devolution, HRA, etc have resulted in key areas of constitution increasingly being written.

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