Should the UK Adopt a Codified Constitution?

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  • It would be too difficult to change and may become outdated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