...The Advantages of a codified constitution now outweigh its disadvantages In this essay I plan to go against a codified constitution as I believe that our current constitution is fine they way it stands. There are many reason for keeping a un-codified constitution. There will also be some disadvantages to it like there is to everything, but the advantages will outweigh the disadvantages. One of the reasons to keep our un-codified constitution is because our system can work well in any terms of crisis or emergencies. Such as the 9/11 terrorist attacks on america. When the 9/11 terrorist attacks happened in america on the 9th of september 2001 a law in the UK was passed against terrorists. The Crime & security act was passed in december of the same year. This act have the government the power to detain any suspected terrorist without trial for at least 28 days. This is one of the advantages of the un-codified constitution that we have in the UK, as this proves we can react fast enough to stop things from getting out of hand. In the USA and other european countries have had a much harder problem with terrorism as they have a fixed constitution. So changing laws takes a long time. Although this is an advantage, in other ways its a disadvantage. This act affects the effect & cross of human rights. With this you could cause distress and harm to a person who may not have convicted crime or any terrorist acts at all. If the UK was to change to a codified constitution...
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...‘The advantages of a codified constitution now outweigh its disadvantages’. Discuss There are various advantages to having a codified constitution, especially in the modern climate of security fears that could have on the citizens’ civil liberties. However there are also several advantages to an uncodified constitution, for example its flexibility. When considering codification of the constitution, the following must be considered. A codified constitution would protect the rights of the citizen against the state. At the moment there is the Human Rights Act of 1998 which, in theory, does this already. But as Parliament is sovereign, in can essentially find a way around, or even repeal, this act thus making it unfit for purpose. In 2004 nine men, accused of terrorism, were held without charge (a violation of The Human Rights Act), the men took this case to the House of Lords where it was deemed to be unlawful. This was quickly followed by the introduction of the Anti Terror Act in 2005, which then made it legal for suspected (without significant evidence) terrorists to be held for up to 28 days. This act, for all intents and purposes, superseded the Human Rights Act. So what this says is that an uncodified constitution, where Parliament is sovereign, is open to abuse by the Government therefore making the act useless as it does not do what it was designed for and is therefore not fit for purpose. Whereas if there was a Human Rights Act entrenched, as part of a codified constitution...
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...In the United Kingdom, we have a constitution that is uncodified and therefore not entrenched within our politics. Essentially, this makes it far easier to amend than a codified one and thus some groups have begun calling for such a constitution to be introduced. These groups cite the constitution in the USA, which forms the foundation of all political decisions; if a proposed law is found to go against the constitution, it is rejected. Supporters of a codified constitution for the UK say that this will give citizens inalienable rights which cannot easily be manipulated or even overturned by the government. A constitution is based around a general consensus of what people should be able to do or not do. Constitutional agreement forms the foundations of the concept of a rule of law. In the USA, their written constitution means that the relationship between citizens and the law is clearly defined. If a constitutional law is violated, there can be no debate over it. This means that the law has more authority in the land. However, in the UK, there is not one legal standard of our constitution and thus whether or not it was violated can be questioned. This can potentially lead to a moving of the goalposts – if the constitution is not entrenched, it is easy to change. Therefore it is impossible to hold everyone to the same standard even though the rule of law states that everyone is bound by it, because the government can essentially do what it likes in terms of manipulating or...
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...KA5- Advantages and disadvantages of codified constitution in the UK A constitution is the system of beliefs and laws by which a country, state, or organization is governed. There are different types of constitution, these include codified or uncodified, unitary or federal and can be seen as rigid or flexible. The UK is an example of an uncodified constitution, however, the US is an example of a codified constitution. This essay will discuss the advantages and the disadvantages of using a codified constitution. An uncodified constitution is a constitution that may easily be amended by government and are not fixed. The UK has this system in place. An advantage of this is that it is flexible and helps the government keep up-to-date and put in place rights that will help them go through with their plans. According to research I have conducted, I have gathered that the people don’t seem to have a problem with this and it is deemed as the norm. However, I believe that an uncodified constitution gives the government a green light to exploit their power and treat people how they wish to do so, as long as it is justified by the ever-changing constitution. The fact that it is uncodified makes it difficult to access for the public and therefore they are unaware of their rights, which may cause the authorities to get away with injustice. Some may argue that it is ‘modern’, however, as it is not emphasised as much as the US constitution, people are unaware and I believe it allows civil...
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... The UK needs a codified constitution: A constitution is a set of laws, rules and practices that authorize the state to govern, also specifying the powers of the governing institution and the formal relationships between them, civilian and the state. There are numerous types of constitution. Constitutions could be codified and uncodified, unitary (Centralized government makes legislation, and passes it down through local authorities) or federal (Power travels up through regional bodies to the centralized state.) The United Kingdom is unique in other words there are just 4 nations around the globe that have a written constitution and the UK is one of them. The others being Israel, Canada and New Zealand. On the other hand the USA is an example of a codified constitution. A codified constitution is a constitution in which key written documents are gathered inside a single document, it is generally known as a written constitution. Additionally they are entrenched, enjoying the protection of higher court. Moreover in a codified constitution laws can only be amended by special provisions. Therefore making it rigid, in other words it is extremely difficult to pass laws in a codified constitution. Alongside this, an uncodifed constitution relies on various sources meaning it is not written down in a single document, this is in contrast to a codified constitution where all the laws are to be found in one single document. In addition an uncodified constitution is not entrenched...
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...shortcomings of Britain’s ‘un-codified’ Constitution Britain are one of the few countries in the world that still posses and un-codified constitution, other states that posses un-codified constitutions are New Zealand and Israel. A constitution is a set of rules which guidelines what the people of the nation and the government have the rights to do, these rules or guidelines are normally printed in one sovereign place. An un-codified constitution differs from this as is not one sovereign book or piece of writing that outlines the rules of the state. This short answer will assess the strengths and weakness of Britain having an un-codified constitution. The first strength to consider is the fact that our un-codified constitution is more flexible then a codified constitution. Many nations find it difficult to pass legislation because the constitution holds the government accountable and protects the individuals. Example of this could be after terrorist attacks Britain was able to quickly pass legislation detaining terror suspects for longer period of time, where as other nations constitutions protected the individuals liberties and prevented their governments from detaining suspects for long periods of time. From the first argument we can see that flexibility is a strength of an un-codified constitution, however it can also be a weakness. Without the codified constitution there is no checks on the government other then the opposition, a codified constitution creates a just political...
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...have a codified Constitution? (40 marks) A constitution is the fundamental and entrenched rules governing the conduct of an organization or nation state, and it establishes it concept, character and structure. It lays out how a nation is to be run and who runs it. It sets out how government is elected and the powers of the state. It usually is occupied by a Bill of Rights, which is a document that lays out the individual rights of the people of that nation. A constitution cannot be removed as it has been entrenched in the foundations of that country. It can only be altered but as it can be seen in America, this is extremely difficult to do. Within the UK, we currently do not have a codified/ written constitution but has unwritten constitution. This means that our constitution isn’t written down in a single document but is made up of several documents, Acts of Parliament, laws, judicial precedent and traditions. Furthermore, the UK doesn’t have a Bill of Rights but has its rights highlighted under the Human Rights Act 1998, which highlights all the individuals rights. Under the Labour government, there was massive constitutional reforms between the periods of 1997 and 2010 and brought about a greater codification of the British constitution. The Conservative and Liberal Democrat coalitions introduced further constitutional reforms. In this essay I will highlight the argument that the constitution shouldn’t be codified but also that why there are advantages to a codified constitution...
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...A constitution is a body of fundamental principles or established models according to which a state or is acknowledged to be governed. The UK’s constitution is part-written and uncodified. There is evidence the UK’s constitution is strong and successful, however there is evidence to also suggest that the UK needs constitutional reform. One huge advantage of the UK constitution is its ability to be flexible and change according to modern opinions or issues. An uncodified or unfixed constitution like the UK’s allows it to me able to keep updated with new social and political situations. It easier to create an Act of Parliament according to a new situation, than to amend a codified constitution. For example, in reaction to this idea of ‘new politics’ and the public’s desire to be able to influence the government between elections, lead to the introduction of referendums in 1997. The UKs democracy has withstood the tale of time and is seen as a huge strength of the UK’s constitution. The UK’s constitution is an example of the UK’s custom and tradition linking generations and has been tested in history to prove that it works. The constitution has adapted and developed over time: it is a ‘living’ constitution due to the idea that it is able to grow. In despite of parliamentary sovereignty, there are a number of ways in which the democratic character of the UK is maintained and the power of the government scrutinized and reduced where necessary. For instance, the House of Lords and...
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...the ‘Weak Protection of Rights’. For example before 1997 human rights were only protected by an ordinary law. This is punier than parliamentary status and lets the government to take advantage of people as they didn’t have their rights to be answered by them. The Labour’s set down the Human Rights Act for the first time and protect UK citizens from state power as the result of the HRA. By 2000 they also gained the ‘Freedom of Information’ which meant that citizens had greater access to more information. The HRA can be seen efficient as it protects other nationals living in the UK to be taken back to their actual country if they know or been told that the person is going to be executed, like back in 2012, Qatada was going to be sent back to Jordan, but the government was informed that he’d be in danger if this happened, so they did not let him go. One factor that shows that Labour’s reforms did not go far enough and were not effective is also through the ‘Weak Protection of Rights’. For example, the UK’s constitution is uncodified. This is a problem as it’s not written in a single document but partly written and therefore can be altered by the government. It’s not binding with the UK parliament which means it remains weak as the government is too powerful for them to handle. A codified constitution would provide a greater protection for UK citizens, because they will be a law that everyone can stick with unlike Uncodified which allows many people to do want they want freely, thus...
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...Consider the arguments for and against a written constitution for the United Kingdom. Before moving on with the main benefits and disadvantages of a written constitution, we firstly need to establish what a constitution is. A constitution sets down the general and fundamental principle on which powers of the state are to be exercised. So, in this sense, the constitutional law is often described as the fundamental law of the land, its main objective is to determine and allocate functions and powers among various organs of the government. The constitution also defines the relation between governing authorities and the common man. The UK has always run on the basis of an unwritten constitution, which basically means that all the rules and regulations governing the fundamental state as well as the basic rights of the people are not codified in one single document known as the ‘constitution’. Unlike many other super powers around the world, Britain has never had the need to consolidate the building blocks of its land due to its relatively stable political development over time. Apart from the documentation of parliamentary laws and to a certain extent, judicial decisions, the unwritten constitution is mainly derived from traditions, precedents, and customs. Moreover, the conventions responsible for these laws are governed by obligations and obedience. These traits only emerge over time and consequently exert great significance to common law, allowing judges to make constitutional...
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...Parliament Source Questions (6/10) Specification a) Describe three functions of Parliament b) With reference to the source, and your own knowledge, explain why government needs an effective Parliament c) Analyse the main factors that limit the effectiveness of Parliament Jan 2010 a) With reference to source, what changes to the second chamber are proposed? b) With reference to the source, and your own knowledge, explain the arguments for a fully or partly elected chamber c) Make out a case against an elected second chamber Jan 2011 a) With reference to the source, describe two functions of the House of Commons b) With reference to the source, and your own knowledge, explain how the House of Commons can control the power of government c) To what extent is the House of Commons effective in carrying out its various functions? May 2011 a) With reference to the source, describe three proposals that seek to strengthen parliamentary representation by increasing popular participation b) With reference to the source, and your own knowledge, explain how three of these proposals seek to make government more accountable to Parliament c) To what extent will the coalition government’s proposals bring about an effective reform of Parliament? Jan 2012 a) With reference to the source, why are legislative committees needed? b) With reference to the source, and your own knowledge, explain the ways in which backbench MPs can call government to account c) To what extent has the...
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...For other uses, see Constitution (disambiguation). A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed.[1] These rules together make up, i.e. constitute, what the entity is. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a written constitution; if they are written down in a single comprehensive document, it is said to embody a codified constitution. Constitutions concern different levels of organizations, from sovereign states to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines which a state's rulers cannot cross, such as fundamental rights. An example is the constitution of the United States of America. George Washington at Constitutional Convention of 1787 signing of the U.S. Constitution. The Constitution of India is the longest written constitution of any sovereign country in the world,[2] containing 444 articles in 22 parts,[3][4] 12 schedules and 118 amendments, with 117,369 words in its English-language translation,[5]...
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...the advantages of the American civil law system Recently, many societies across the globe are reforming their existing legal systems. The two main transatlantic models, common law and civil law, have great influence on such reforms. Civil law approach has numerous advantages as compared to the common law (Koch, 2004). Civil law judges normally dominate individual litigations and thus effective dispute resolution usually depends on competence of its judges as well as on assuring that the judges have authority to conduct their duties to best of their capacity and abilities (Koch, 2004). Most European nations and other countries such as French, Dutch, German and Portuguese follow civil law systems. English common law system on the other hand is followed in former English colonies including Australia and Canada (Koch, 2004). Common law is also followed in United States, though based on various constitutional statutes and laws ratified by congress, the U.S federal law encompasses a civil law system (Koch, 2004). The disadvantages and advantages of those two main systems is a continuing controversy. Written civil law dates back to times of Roman Empire and subsequently, the Germanic and Napoleonic codes created in 19th century (Koch, 2004). The term civil law is also referred to as statutory or codified law. Common law on the other hand derives from the English medieval common law system that was developed under Henry II in 12th century...
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...Government & Politics Unit 2 * Constitution * Codified Constitution ✓ * Advantages & Disadvantages * Features * Uncodified Constitution ✓ * Advantages & Disadvantages * Features * Is Parliament Sovereign? ✓ * Arguments For and Against * Strengths and Weaknesses of the UK’s constitution ✓ * Constitutional Reforms – Coalition and 1997-2010 ✓ * What are they? * Are they effective? * PM & Cabinet * Features & Functions of the PM ✓ * What must a politician be to becoming PM * What can a PM do? * Functions of Cabinet ✓ * Factors that affect promotion and resignation of a minister ✓ * Powers and Constraints of PM ✓ * Theories of Executive Power ✓ * PM V Cabinet ✓ * Parliament * Functions of Parliament ✓ * What are they? * How effective are they? * Powers of Parliament ✓ * What are they? * How effective are they? * Parliamentary Reform ✓ * What are they? * How effective are they? * Relationship between Parliament and Government ✓ * Factors that affect it * How the coalition affects it Constitution: 2 Types of Constitution * Codified & Uncodified Codified Constitution * Constitution where the rules are written down in a single document. Example could be the USA...
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...Ellie Holland There is no convincing case for a written constitution in Britain. Discuss. A constitution is a set of fundamental principles; it sets out the distribution of power within a political system. In Britain we do not have a written or uncodified constitution meaning constitutional reforms are written down but have not been gathered together. There are many arguments surrounding the British constitution and its legitimacy and whether a change in our constitution would create a positive impact or whether our current system is the best and there are no convincing arguments against it. The fact we have parliamentary system means that there is no need for a written constitution. Parliamentary sovereignty means that parliament have the highest legal authority in the UK. Because of our democratic system in the UK we have to power to elect our government and therefore this puts limits on the level of parliamentary sovereignty, parliament cannot afford to ignore the electorate’s wishes. For example the Local Government Finance Act 1988 that introduced poll tax was replaced by Parliament but only after nationwide riots and demonstrations. However with a written constitution it is close to impossible to change anything. To say that there are no convincing arguments surrounding change in Britain’s constitution may be seen as an over statement as a written, codified constitutions do carry some advantages. It hugely reduces the risk of an elective dictatorship because there is separation...
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