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In light of the Brexit referendum and the constitutional changes that…
In light of the Brexit referendum and the constitutional changes that leaving the European Union will require, should the UK consider taking this opportunity to codify a constitution? Critically assess what the positive and negative issues of a written constitution would be. (2500 Words)
Initial thoughts
The UK has been without a written constitution for so long we now have our own constitution, comprising of various different things (acts, conventions, academic wiritngs, treaties, EU law)
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EU law is a fundamental part of our constitution, therefore the removal of the UK from the EU will undoubtedly changed the constitution as a part of it will be removed. #
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One viewpoint is that: A codified constitution would clarify and make accessible the limits on all three branches of government whilst helping citizens to identify their rights. It is arguable that the constitution is currently too flexible and can easily be manipulated. Other modern democracies have demonstrated the benefits of codified constitutions, for example the USA, and codified constitutions can always be amended if the need arises. # #
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What are the disadvantages of a written constitution? #
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:star: Conservatives argue that it is unnecessary - the UK has enjoyed a stable political system without a codified constitution for several centuries.
This is a point that I, personally, agree with.
If codified, constitutional changes would be difficult and time-consuming. It can also respond quickly to a changing political climate.
Conventions
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Would there be public outcry at the power of the monarch and/or other executive powers that they have not really thought about before because they didn't know it was operating.
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All of these disadvantages are presumably taken from the constitutions that have been in existence for centuries.
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