The UK's constitution is currently uncodified which means it is written in different sources and is easily amended because it is not entrenched. The constitution is also unitary as it lies in one place which is why Britain has a single tier legal system with no form of higher laws; just Parliamentary sovereignty. The constitution is not judicial meaning that no political bodies can declare whether certain actions are constitutional or unconstitutional.
Whereas codified constitutions', such as the US constitution, features are opposite to the UK's constitution: they are written in one single document, so they can be entrenched, and they are usually federal constitutions which allows the state to have a two tier legal system: constitutional laws (being the highest laws) and then common laws. Uncodified constitutions are also judicial which means that all political bodies are subject to the authority of the courts and supreme courts.
Changing the UK's constitution from uncodified to codified would create stronger safeguards needed for individual and minority rights. Britain has adopted the European Convention on Human Rights, but they can be overridden by Parliament as they have the right to do whatever it wants. The Liberals argue that the executive power of the government is excessive in the UK because it threatens individual rights, minorities and influence of public opinion; having a codified constitution would enable Parliament to control the government on behalf of the people. It would also increase public awareness and support as British citizens don't fully understand the concept of a constitution, so changing it would allow citizens to understand our relationship with the EU and would make the UK a modern democracy.
Although I agree with these advantages of codified constitution, I believe that the UK's constitution should remain uncodified, however, because it can be easily adapted to the changing world without confusion, in a short amount of time. This can be done by Parliament simply passing a new Act, or developing new unwritten conventions. For example, this comes to an advantage in times of emergency, such as the 9/11 terrorist attack, when Britain had to pass a wide range of anti-terrorist measures. If Britain's constitution was codified and entrenched, it would have been extremely difficult and long to pass these measures. Although uncodified constitutions allow the government to be more powerful, which can be a disadvantage to the people, but it makes sure that the government are not prevented from acting against the constitution. In addition, the UK's uncodified constitution has served Britain well for centuries because there have been no violent revolutions or major political unrest, therefore there is no need to change it. Adopting a codified constitution would involve the supreme court and would become judicial. This means that unelected judges would interpret, re-interpret and resolve political issues of the constitution, so they would not be accountable; such decisions should be resolved by an elected Parliament, which would improve the UK's democracy.
Sunday, 31 January 2016
Saturday, 23 January 2016
What is a constitution and why is it important?
A constitution is a set of rules that govern the country: citizens and the government. It determines how political power should be distributed within the states. For example, federal settlements divides the power between central governments and regional institutions, such as America, and unitary States have power in one place, such as the United Kingdom. They also determine the balance of power between government and parliament, president and prime minister, or between the chambers in the bicameral system: the two Houses of Parliament.
Constitutions establish the political processes that make the system work and establishes the relationship between political institutions. They also have to be amended as changes occur through time. Therefore it is essential that a constitution contains the rules for its own constitution to be able to amend it. For example, the UK is unusual in regards to amendment, because its constitution changes in two ways: through parliamentary statute and through the evolution of unwritten rules, called conventions. Ireland and France are also different because they use referendums to approve change.
They also give rights to citizens (civil liberties) against the state, such as in the form of a Bill of Rights, which is a statement that prevents a government from 'stamping on citizens', or by establishing rules in regards to nationality. This is important because it protects the people from the government and prevents dictatorship.
Constitutions are the most important things in politics as without them, the government could do what it wanted, such as oppressing minorities and violating people's freedom. Citizens cannot trust the government and anyone who has power, because having too much power could lead to corruption. Having a constitution not only prevents dictatorship, it limits the power of the government, which means that the government are also being controlled. However, in Britain there are no limits placed on Parliament, as it is sovereign. Therefore it has the legal right to do what it likes, whereas the U.S. constitution sets the rules that the government needs to abide by.
Codification is the process of setting out a constitution in an organised way, which is in a single document. Codified constitutions are constitutions that are organised or written in a single document which is the only source of constitutional rules. Whereas an uncodified constitution has several different sources and has no single document.
An example of a codified constitution is the US constitution, set up in September 1787, under the Independent 13 former British colonies. This constitution establishes America's national government and fundamental laws, and guarantees certain rights for its citizens. Another example of a codified constitution is the constitution of Norway which was established in 1814, when they were free from Danish rule. The French constitution is another codified constitution which was established in 1958, which happened after a coup d'état, when the new president named Charles de Gualle took over. The most recent codified constitution is of Iraq, established in 2005 following the removal of Saddam Hussein's regime.
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