Evaluate The Veiw That The Uk Constitution Requires Codification Flashcards
(6 cards)
For: rigidity
Limits the giv from altering laws which maintains stability as it prevents harm
Uk cons is not rigid but some elements show it e.g: acts of union almost reversible and requires significant power to alter
Against: rigidity
Stops the consitution from evolving and keeping up with societal norms so uncodified better
E.g Scotland act 1998 gave powers to Scotland e.g tax
For: entrenched
Protects fundamental rights and ensures that they are safeguarded from being altered or abolished
Uk unfodified means gov can change laws and ultimately hinder our rights
E.g abolishing the HRA or changing important rights within
Against: unentrened
Unentrenched allows for adaptability in governance which is good for democracy as laws should be able to change in order to be responsive to what the people want
1918 women over 30 were allowed to vote under representation of the people act
For: judicially
Judges have the power to strike down laws which allows for legal consistency and ensures laws are interpreted fairly
Before 2009 cases were seen in the a HOL where politicians had influence
Against: doesn’t need codification
Bcs judges are unelected which is undemocratic
Only gov should have the ability to change a law
Miller case