Should Britain Have A Codified Constitution Essay

Should Britain Have A Codified Constitution Essay-16
Laws are arranged in an analytical form to prevent conflict or contradictions which superficially makes law stable and simple.Codification means having clear rules which can be way easier to read in one single document than an uncodified one (Ryan, 2010; 19).

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Constitutions can be codified or uncodified depending on the country.

For example United States and India have a written constitution, whereas United Kingdom, New Zealand, Israel has an uncodified constitution.

The aspect of parliamentary sovereignty can cause a problem some time and can often lead to excessive state power (Bradley, 2011; 7).

There are different outlooks drawn by the traditionalists and the modernist view.

The on-going debate about the British Constitution that whether it should be codified or uncodfied has made people perplexed.

Currently, United Kingdom has an uncodified constitution; only parts of which are entrenched.Although, United Kingdom does, however have a constitution, as seen from the second definition as above, clearly stating ‘collection of rules’ governed by the institutions.Perhaps in a codified constitution, law becomes more definite.Many assume that having an uncodified constitution is better than having a codified constitution and visa a versa.There is a large disagreement on whether existing United Kingdom arrangements are desirable, or whether a codified constitution of some kind should be adopted.On the negative side there is no person who can, make rules which supersede or derogate from an Act of Parliament (Dicey, 1959; 11).For instance, the Terrorism Act 2006 passed in the aftermath of the bombing in London, provided and extended the time of the terrorist suspects which could be held in jail without any trial for 14-28 days.Therefore, this essay will provide the reader with the synopsis of the British Constitution and critically assess the advantages and disadvantages of the United Kingdom’s uncodified constitution.Constitution can be defined as ‘a document having a special legal sanctity which sets out the framework and the principal functions of the organs of government within the state that declares the principals by which those organs must operate’ ( Bradley and Ewing, 2007; 4).Change is very difficult or unlikely in a rigid constitution or written constitution.It is difficult to alter any law to keep up with the fluctuations that transpire in society every day.


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