Should Britain have a codified or uncodified constitution?

Question 1

What are your three points for Should Britain have a codified or uncodified constitution?

Answer 1

flexibility
politicise judiciary
framework for exercise of power

Question 2

Do you argue with Should Britain have a codified or uncodified constitution?

Answer 2

Britain should have a codified constitution

Question 3

Define codified constitution?

Answer 3

It is contained in one single document that is entrenched and is superior to all other law.

Question 4

Define uncodified constitution?

Answer 4

derives from a variety of sources and does not represent a higher law

Question 5

INFLEXIBLE What is the second amendment of the US constitution?

Answer 5

“the right to keep and bare arms

Question 6

UNPOLITICISE JUDICIARY When was the Obergefell v. Hodges case?

Answer 6

2015

Question 7

UNPOLITICISE JUDICIARY What was the Obergefell v. Hodges case?

Answer 7

decided the right to same sex marriage is guaranteed under the fourteenth amendment which details citizens rights.

Question 8

CLEAR FRAMEWORK FOR EXERCISE OF POWER When was the Trump v Mazars case?

Answer 8

2020

Question 9

CLEAR FRAMEWORK FOR EXERCISE OF POWER What happened in the Trump v Mazars case?

Answer 9

used the constitution to address limits of power, as of how far congress can take their investigatory power.

Question 10

FLEXIBLE When was the human rights act?

Answer 10

1988

Question 11

FLEXIBLE What was involved with the human rights act introduction to parliament?

Answer 11

the only procedural change to the constitution is the requirement for majority in parliament. evident in human rights act 1988 incorporates ECHR into British law solidifies Human rights of everyone in the UK

Question 12

POLITICISE JUDICIARY When did the supreme court rule prorogation of parliament was unlawful?

Answer 12

2019

Question 13

POLITICISE JUDICIARY What happened from the supreme court ruling the prorogation of parliament was unlawful? Why is this a weak argument?

Answer 13

It prevented Boris Johnson from suspending parliament before Brexit. This politicised the judiciary because, the Uk constitution doesn’t have a written rule on probation had to interpret it themselves.

Weak argument say judiciary politicised separate HoL and judiciary 2005 constitutional reform

Question 14

How is there an unclear framework for exercise of power in the UK?

Answer 14

2019 supreme court rules prorogation of parliament as unlawful, so UK doesn’t have clear prorogation in the constitution usually done by the prime minister not defined in legal terms

Weak argument: Judiciary each branch holds checks on each other HoL parliament can scrutinise