codification

Question 1

codification overview

Answer 1

intro
1. flexibility v clarity
2. entrenchment v sovereignty
3. convenctions & aqccountability v legal limits
4. future should it? pressure
reforms conclusion

Question 2

codificaiton intro definition of constitution

Answer 2

Constitution definition simply put the whoel system of the govenrment of a country
Wheare - the collection of rules which establish and regulate or govern the government

As liberal thinkers like Locke and Paine argued, constitutions should enshrine fundamental rights and restrain state power through clear, written rules—especially to protect against arbitrary authority.

Question 3

codificaiton intro definition of codified constitution

Answer 3

Codified constitution - a single written legally superior

Sir Ivor Jennnings - a document having a special legal sanctity which sets out the framework and principal functions of the organs of government of a state and declares the principles by which those organs must operate

As theorised by Enlightenment thinkers like John Locke and later Thomas Paine, the legitimacy of government depends on securing natural rights through formal constitutional limits — a liberal ideal that codified constitutions explicitly seek to enshrine.

Question 4

codification intro part 2

Answer 4

• The UK is one of the only liberal democracies without a codified constitution. Instead, it relies on a blend of statute, common law, conventions, and authoritative works.
• The question of codification involves a core tension between clarity and constraint vs flexibility and tradition.
• This essay evaluates whether a written constitution is now necessary, analysing the impact on legal certainty, rights protection, institutional legitimacy, and democratic accountability. — based on authority, common law, statues and conventions

Question 5

codification clarity vs flexibility

Answer 5

uncodified flexible
1. Bingham - the great merit of the British constitution is its ability to evolve organically
eg. CRA 2005 separated judiciary and executive without full reform natural
2. quick response and adaptability brexit and covid

clarity codified
1. all over the place( magna carta, bills, conventions, acts)
Lord Scarman (1985): “A constitution should be known to the people. It should not be a mystery.”
2. legality legal certainty

clarity is desirable but traidtional flexible allowed evolution - but better to compromise in light of political instability?

Question 6

entrenched rights vs parliamentary supremacy (codification)

Answer 6

1. miller no. 1 2017 & unentrenched HRA

could entrench core rights and liberties to protect from majoritarian override
HRA can always be repealed or ammended

2. problems with entrenchment
   -> but codificiation will need judicial review and higher lw like the US – lord sumption politicalising judiciary
3. tension between parliamentary sovbereignty and justice and fairness
   AV Dicey the parliament should be able to unmake any law
   modern norms dictate that some laws are irreplaceable

keeping in view parliament is elected is it ok? -Entrenched rights increase fairness and justice but may erode parliamentary supremacy — is that a price worth paying to align with modern democratic norms?

Question 7

conventions - legal accountability vs legal limits

Answer 7

formalise relationships of three sectors
accountability and morality on hold
but not held anyways miller no .2
checks and balances can stop executive overreacxh
lord pannick “Our constitution relies too much on convention and political morality rather than enforceable legal limits”

Question 8

should uk adopt codification

Answer 8

1. post brexit tensions who decides what push for formalisation of roles and regulations
2. devolution and limits ambiguity
3. judiciary active in checks and balances lately miller no.1 and miller no. 2 might be time to formalise relationships

Question 9

conclusion + reform

Answer 9

1. conclusion
2. solution - incremental reform in future - framework document
3. main rules rol cra hra sop entrneched
   CONSTITUTIONAL CONSOLIDATION STATUE
   CONSTITUTIONAL HIERARCHY
4. increase constitutional education
5. hope for clarity and felxible solution

“The future of the UK constitution lies not in a wholesale shift to codification, but in consolidating its unwritten principles into a structured, educative, and accessible format. In a democracy that prizes both tradition and modern accountability, constitutional evolution — not revolution — offers the clearest path forward.”