Critically assess the virtues and 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 system where governments are not able to oppress the individuals in society. The same example that was used before can be used again, after terrorists attacks the British Government was then able to hold suspects for longer period of time, the key to this being that the individuals were only suspects and were being imprisoned without necessary evidence to charge the individual.

Another strength of the un-codified constitution is the fact that is has the ability to evolve. As the political climate changes so does how individuals live. There are many factors that lead to change in society, by having a codified constitution it allows out dated laws and rules to remain prevalent in society. Because the British constitution is un-codified it has the ability to evolve it means that out dated rules are abolished but also it means that the different ways individuals live in society are embraced, creating a comfortable environment for the individual to reside. An example of evolution being a strength to the codified constitution is that in 1867 sovereignty was taken away from the monarchy and handed to parliament, which is far more democratic.

A codified constitution is simple, it creates an environment where it is easy for everybody in society to know where they stand. The codified nature of the constitution means that individuals know what they can and cannot do with their liberties protected by the ultimate sovereign power. It also confirms who has the power and the ability to do what with in government, it helps to hold the government accountable to their actions and prevent oppression.

In conclusion the current constitution is has advantages in the sense that it evolves as politics evolves, as that it is flexible, quick changes can be easily amended,also different statues can be interpreted in different ways as the political environment changes. However the major disadvantage of our un-codified constitution is the lack of simplicity as individuals do not have a single document the outlines their rights.