Top-Rated Free Essay
Preview

Should Britain Introduce a Codified Constitution?

Good Essays
888 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Should Britain Introduce a Codified Constitution?
Should Britain introduce a codified constitution? The British constitution is unwritten, although it may be less misleading to call it uncodified as various aspects of the constitution are written down. The term uncodified means the constitution is not all kept in a single document, but is spread about in various pieces of legislature. It also means British laws, policies and codes are developed through statutes, common law, convention, and recently European Union law. Although the British constitution does not have a clear set of rules in one single document, it does clearly state in various documents where political power is held, and how it is allocated. With the constitution being uncodified it makes it very flexible and easy to alter or change. This means if a new situation has to be dealt with by policies or laws, they can quickly be changed to do so with minimal implications. All that is needed for a policy to be changed is a ‘simple act of parliament’ (essentially parliament must agree on it). Unlike written constitutions, old policies and other constitutional practices don’t make it difficult to deal with new situations because new ones can be developed when the need arises. Another argument for maintaining an uncodified constitution is that it could be said that it has served Britain well up until now, and there is no need for it to be changed. The USA is an example of how complex the process of altering a written constitution is, they have made a mere 27 amendments to their constitution since the 18th century. It may be difficult in cases like these to find laws that fit with modern day crimes and other situations that need to be dealt with by laws and policies. As our country is used to being able to change laws and policies as easily as we can, we must consider how we would deal with a codified constitution which makes it so much harder to get legislature changed. Most codified constitutions are written to mark a new beginning in history. Many took place after a revolution or a war, and Britain is considered to have been stable for a long time (which would suggest no need for change). Unlike many countries with codified constitutions Great Britain has made a gradual reform rather than one in a great leap. For countries such as the USA and Australia, they developed their written constitution as a sign of independence and freedom for their citizens. The completion of writing a constitution may even make Britain’s stance in politics appear more modern, people have said that Britain’s lack of a written constitution makes Britain seem as though it has not entered the modern world. Relations with the European Union are difficult due to the lack of a codified constitution, as the EU is a modern concept how can Britain claim modernity if it cannot maintain a relationship at ease due to this issue? Since Britain joined the European Union in 1973 it could be said that the Parliament no longer has complete power. Parliament used to overwrite things regarding human rights, but having joined the EU written policies have been put into place to protect some rights. It could, therefore, be said that the constitution is moving closer to being codified without anyone meaning it to do so. If we are already this close to developing a codified constitution why should we not complete the action by writing a full written constitution? It would certainly make EU relations less difficult.
There have been concerns voiced that British Politics is in a state of crisis. The liberal democrats have already called out for the public to help to draw up a written constitution, which they believe may be able to tackle problems in the Government, as it will set new and clear limits on the powers of the executive. It is argued that parliament needs to have more codified powers to enable it to control government on behalf of the people. Doing this will create a better overall feeling of democracy as the ultimate decisions are in the peoples best interest. Having the people involved in the creation of a written constitution will help this too; it may produce a feeling of unity as a country. I believe our country is not in need of a reform therefore we do not need to change our constitution to a written one. Although it can be argued we may become a more democratic country with a written constitution, I do not feel there is a need for this to happen. I feel it is better for us to be able to change laws, policies and codes as they arise. This makes it easier when referring to specific cases. It would be made a lot harder with a codified constitution, as they are rules set in stone. I also think that a codified constitution would be extremely time consuming and expensive I do not believe we currently have the time or the money to complete such an action without re-precaution or backlog. I think that the modernity argument holds little relevance as we can adapt freely the policies in place due to the lack of a written constitution. Policies can be adapted to apply to modern issues without a written set of rules needed.

You May Also Find These Documents Helpful

  • Powerful Essays

    Apush CH.4 identifications

    • 1041 Words
    • 4 Pages

    English Constitution: The English Constitution (1867) is the best account of the history and workings of the British political system ever written. As arguments raged in mid-Victorian Britain about giving the working man the vote, and democracies overseas were pitched into despotism and civil war,…

    • 1041 Words
    • 4 Pages
    Powerful Essays
  • Satisfactory Essays

    One strength that is highlighted in the source which is a strength of the UK constitution is that it is flexible. This is a strength as it therefore means the government and people can actually make things happen without having to stick to one kind of rule and one way of doing things. An example of the flexibility of the UK’s constitution is the recent implementation of the Same Sex Marriages Act (2013). However, the flexibility that is expressed by the fact that it is unwritten may in fact be manipulated if the ability to change the constitution were to “fall into the wrong hands”. For example, if somebody completely left wing or completely right were to come into power, they could effectively manipulate the system and change the constitution to suit them and their supporters.…

    • 407 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    United Kingdom changing radically with Labour’s landslide victory , the greatest since 1945. Led by Tony Blair, the party promised an ambitious programme of constitutional reforms which they themselves claimed would lead to “the most ambitious and far reaching changes to the constitution undertaken by any government in this century” (Hazell, Sinclair, 1999, p42)These reforms were also pioneered by Gordon Brown when he became Blair’s successor in 2007. While some of these amendments were successfully implemented others were abandoned or were watered down greatly. Also, the planned reversal of many of these reforms and other amendments made by the recent coalition Government must also be deliberated , however, as the coalition Government has only been in in power two years it is harder to see if they have had any real effect yet . Therefore this essay will focus on the constitutional reforms made by New Labour and will discuss that while they have made a difference, the impact has been limited and far less radical than they first proposed.…

    • 1694 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    There have been many constitutional reforms since 1997 that is progressive towards a more democratic system, however it is not a complete democracy and there are still parts of the constitution could be improved. In 1997 Labour government came to power, with tony blair as prime minister, later Gordon Brown came to power between 2007 to 2010 have made a series of constitutional reforms. This was due to the fact that many practices of british politics were out of date, and therefore sought to modernise the constitution. Another main issue was that the central parliament, Westminster has too much power and therefore the labour party sought to decentralize and distribute the power towards other regions.…

    • 1175 Words
    • 5 Pages
    Good Essays
  • Good Essays

    The flexibility of the British constitution is also shown through the constitutional reforms developed by Labour, which not only modernised by also is argued to have strengthened the British constitution. Due to this ability of being flexible and being able to change and adapt, the case for Britain retaining its constitution is in fact ‘extremely strong’.…

    • 861 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The UK’s unwritten constitution, formed of Acts of Parliament [AoP], Royal Prerogative [RP], Constitutional Convention [CC] and Case Law [CL], prompts much debate about the ease of which constitutional change can be introduced. A written constitution is, by definition and practice, hard to alter however it remains to be seen whether it is any easier to change an unwritten constitution. While the natural answer seems to be that it is easier to alter, practical considerations seem to indicate an opposite reality.…

    • 899 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Lsn Hsa Study Guide

    • 2993 Words
    • 12 Pages

    All governments have a constitution in the sense that they have some plan for organizing and operating the government…

    • 2993 Words
    • 12 Pages
    Good Essays
  • Good Essays

    A constitution is either a written (codified) or unwritten (uncodified) body of fundamental principles or established precedents according to which a state is acknowledged to be governed. Generally, a constitution is only written after a major event. In the case of America their constitution was written in 1787, after the American Revolutionary War came to a close.…

    • 835 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    texas constution

    • 11211 Words
    • 45 Pages

    Since constitutions are the primary source of democratic governance and political "rules of the game," they tend to be reflexively revered by the general population and pragmatically respected by political professionals. Constitutions enjoy an exalted position…

    • 11211 Words
    • 45 Pages
    Powerful Essays
  • Good Essays

    Ap Gov't

    • 1323 Words
    • 6 Pages

    The constitution exists in no one document but is a centuries-old accumulation of statutes, judicial decisions, usage, and tradition.…

    • 1323 Words
    • 6 Pages
    Good Essays
  • Better Essays

    The American Constitution is codified meaning it is laid down in one singular sovereign document, which sets out both the powers and limitations of each distinct branch of government, for instance the fact that each year the President has the power to make the ‘State of the Union’ address, where he outlines what he wants Congress to debate and pass laws on. However this means that the constitution can be too rigid and becomes extremely difficult to amend. In 226 years since The Constitution was established there has only been 27 amendments, 10 of these are the Bill of Rights. Parts are anachronistic and The US has been unable to keep up with the times because their constitution is codified. An example of this is Amendment II, ‘the right of the people to keep and bear Arms shall not be infringed’. Allowing citizens the right to carry a gun is considered a dated idea amongst modern traditions and the law is now causing significant trouble in the US. Tragedies such as the Virginia Tech massacre that occurred in 2007 could have been prevented given that this amendment had been successfully changed or struck but because the Constitution is codified, it makes the amendment process extremely difficult.…

    • 1310 Words
    • 6 Pages
    Better Essays
  • Good Essays

    The concept of the Constitution is that it's not rigid and inflexible. There can be changes made to the Constitution through a difficult process, which allows for a strict interpretation. The Framers of the Constitution couldn't see into the future and predict what issues may arise with the Constitution. In my opinion if we were to leave it up to a loose interpretation then Government could take away our basic…

    • 740 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The Constitution is not adequate for today’s times and needs to be updated to the technology and improvements that have happened throughout the years.. Many parts of it only work for the 13 colonies and not for today. The people of the United States do not have equal opportunities in work such as how they are paid and how they get treated in the workplace. The liberties of the population is not secured anymore due to the new government and the way people perceive the authority of those higher in power. Also, the government isn’t a Democracy anymore, we’re an aristocracy because people who have more money have more power over those that are middle class or lower.…

    • 533 Words
    • 3 Pages
    Good Essays
  • Good Essays

    A constitution is a set of rules that seeks to establish the duties, powers and functions of the various institutions of government. The constitution creates limited government so the government is checked and restrained therefore providing protection for the individual and their rights. the UK constitution is uncodified, which means that it is not all written down in one document therefore entrenched creating a higher law like that of America; it is split into several different locations, statute law, common law, conventions, works of constitutional authority and EU law and treaties. This means that the UK constitution is not entrenched or codified and sources such as common law and convention are not written down but are traditions and customs, the way government has always done things. The constitution is fit for purpose as it worked during the 2010 election when the outcome saw no overall winner and a coalition was created, it allowed for this to be done in just 5 days where as a codified constitution would have been much more ridged and have taken longer to work around or amend.…

    • 850 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The constitution should be allowed to be changed but only on a vote; the President or the senate would not be allowed to make changes without the peoples vote. Along with that, it must only be changed to the needs of the country not its…

    • 509 Words
    • 3 Pages
    Good Essays