Should the UK Adopt a Codified Constitution?

Arguments in favour include:

It would provide clear rules, with less confusion as to what the constitution means
It would formally limit the powers of government, addressing the problem of elective dictatorship
It could be policed and protected by judges, who are politically independent and neutral
It would allow for a stronger protection of rights, as rights would be fully entrenched and more difficult to set aside
It would strengthen citizenship, giving people a clear idea of not only their rights but the purpose and workings of the political system. It could also be a source of unity for the nation
It would bring the UK into line with other modern democracies

Arguments against include:

It would be too difficult to change and may become outdated
It would give unelected judges to power to prevent elected government from carrying out its pledges
Uncodified constitutions are organic and naturally evolving, codified constitutions are more ‘legalistic’ and arbitrarily implemented
A codified constitution may be unnecessary- government power could be checked by strengthening the existing systems
It may be harder for a government to get things done and fulfil its manifesto promises

Should the UK adopt a fully entrenched bill of rights?

Arguments in favour include:

It would make the government more subject to the law, as rights will be ‘higher’ than other laws. This will make the government more responsible and accountable
Civil liberties would be better guaranteed and protected- they wouldn’t be set aside under any circumstance
It would make people more aware of their rights, so has educational benefits
There is already an agreement on rights (through the European Convention and Human Rights Act), so implementing a fully entrenched bill of rights would not be controversial

Arguments against include:

Judges become more powerful and influential, meaning they end up making law- and they are unelected and socially unrepresentative
Judges may become politicised and lose their independence, as they are more involved in the policy process
Raising awareness of rights may come at the expense of awareness of responsibilities. Individual rights may supersede the rights of the community
Rights are artificial constructs which may be difficult to implement in ‘the real world’

‘There is a strong case for Britain retaining its uncodified constitution.’ Analyse and evaluate this statement. (25 marks - You should aim for three arguments for and three against): Your answer should include: Uncertainty / Concentration / Elective / Dictatorship / Overcentralised / HRA / Flexible / Democratic / Effective / Government / History / Tradition