codified vsv uncodified Flashcards
1
Q
What are reasons not to codify the uk constitution
A
- flexibility
- executive powers
- dangers of politicising the judiciary
- conservative pragmatism - in the UK
2
Q
give 2 reasons for a British bill of rights
A
- the ECHR lead to the HRA which is “too european”
- the HRA can be easily misinterpreted
—>people are not being legally deported by claiming the “right to a family life”
3
Q
give 6 reasons against the British bill of rights
A
- power grab by the state
- currently, anyone can claim the HRAs sanctity in england w/out having to go to Strasbourg court
- HRA protects basic human rights which everyone should agree to anyways
- protects parliaments sovereignty
- threatens refugee convention and good friday agreement
- leads to new hurdles —> having to prove good behaviour or significant disadvantage
4
Q
what are 5 reasons to codify the uk constitution
A
- clarity
- human rights
- executive power
- modernity
- rationality
5
Q
expand on and give appropriate examples of flexibility being a reason for an uncodified constitution
A
- flexibility - can adapt to a changing world, rooted in and not seperate from society
—> after Dunblane massacre in 1996, the law was easily changed to ban the ownership of most types of handguns after less than a year but in the US despite 83% of americans favouring background checks for gun buyers in 2018, debate over the 2nd amendment right is long going
6
Q
expand on and give an example of executive powers being a reason for an uncodified constitution
A
- when there arent constitutional safeguards, gov. can be more powerful
7
Q
5 reasons why the constitution should not be codified
A
- it works the way it is, we should not bother changing it
- flexible and adaptable
- entrenched constitution would be difficult to reform
- would give non-elected judges undue influence over political issues
- the uncodified system has produced strong governments
