should we have a codified and entrenched constitution?

Question 1

what type of constitution does the UK have

Answer 1

the UK has a very flexible uncodified constitution which is unentrenched

Question 2

what does uncodified means?

Answer 2

it isnt written in a single document and that it is very easy to change - only a simple act of parliament is required

Question 3

what are the arguments for a codified constitution?

Answer 3

• to safeguard citizens rights - moves by the conservatives to overturn the HRA suggest that these rights could be easily attacked
• rights being enshrined in one document would make people more educated and clear on their rights.
• it would give clarity over what is not constitutional - too often people in the UK are not aware of what governments can and cant do - prorogation of parliament

Question 4

what are the arguments for a codified constitution (2)

Answer 4

• it would provide clear separation of powers and limits to the powers of institutions - weak separation atm with executive generally dominating house of commons
• chance to remove the undemocratic parts of the UK such as the house of lords
• greater understanding of the values of the UK as their has been a push to promote british values in schools
• at the moment there is quite an non-uniform, assymetrical constitution (no english parliament) the logical thing to do would be to create a uniform constitution

Question 5

what are the arguments against a codified constitution?

Answer 5

• there is no agreement over how a codified constitution would be created and who would create it - we have not just experienced an independence war or a revolution.
• there is no consensus over what it would contain - it would likely contain things of the time and would be outdated in a few decades especially because the world is changing so fast
• the current constitution has shown it can be adaptable, look at all the changes since 1997

Question 6

what are the arguments against a codified constitution (2)

Answer 6

• codified constitutions are very hard to change and thus lead to outdated laws e.g., second amendment
• a codified constitution would take power off elected politicians and give it to unelected judges - prorogation of parliament blocked by supreme court
• there is no popular support for this change, constitutional changes such as regional assemblies have been dramatically rejected, suggesting there is a lack of support