Should the UK codify it's constitution?

Question 1

what are the advantages to having a codified constitution

Answer 1

• Hard to change (certainty, continuity, rights protection)
• Lack of manipulation
• Easy to access (all in one place, clear rights)

Question 2

what are the disadvantages to having a codified constitution

Answer 2

• Hard to update (who can update it)
• Still can be vague
• Too complex for the public

Question 3

to what extent have measures such as enshrining rights positively within statute law codified the UK’s constitution

Answer 3

• set out all in one place - feature of a codified constitution (strengthens rights protection)
• putting all laws and treaties or rights in one place

However acts such as the HRA 1998 are not entrenched due to parliamentary sovereignty

Question 4

to what extent did Brexit create a constitutional crisis

Answer 4

• Boris Johnson tried suspending parliament to get his Brexit deal passed
• pulling out of the EU (an international treaty) effects the constitution
• Supreme court stepping in to stop Boris Johnson suspending parliament (does the supreme court have this power?)

Question 5

would having a codified constitution have solved the issues Boris Johnson created

Answer 5

• some people say no. They claim with divisive issues such as Brexit, not everyone would agree just because the constitution says so
• some people say the flexibility of our uncodified constitution allowed our constitution to work
• some people would say people would still challenge the constitution
• some people would say having a codified constitution would make a lot of things easier, because it would be clearer

Question 6

what are the arguments for having a codified constitution

Answer 6

• our current constitution lacks clarity (for example the legal status of referendums)
• current constitution fails to properly protect fundamental rights (for example, the HRA 1998 is not entrenched, this means the act could be overturned by different governments)
• current constitution isn’t clear on devolution of power (power is split between three countries and Westminster)

Question 7

what are the arguments against having a codified constitution

Answer 7

• codified constitutions can become outdated (when would it be reviewed?)
• people need to be able to access and care about it (constitution can be too long or too short)
• clarity - sometimes things don’t need to be clear (the current constitution allows citizens to agree on contradicting features e.g. people identify constitution with monarchy, or, people identify constitution with house of commons and democracy