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should the UK adopt a codified constitution - arguements for retaining an…
should the UK adopt a codified constitution - arguements for retaining an uncodified constitution
flexibility
the flexibility of the constitution is a positive quality
it is seen as organic as it is rooted in society and not separate from it
the constitution can change and adapt to a changing world without major uphevals
when society and its needs and values changes, the constitution can automatically without undue delay or confusion
e.g. when the authority og the British monarchy gradually declined from the 18th century to be replaced by elected bodies - government and parliament - no specific amendments needing to be made
if the Uk had a codified entrenched constitution it would have been extremely difficult for the Uk parliament to make a wide range of anti - terrorist measures
2010 general election failed to produce an outright parliamentary majority for any one party, there was confusion on what should be done in the absense of any codified rules
conservative pragmatism
the Uk constitution suggests that it has served the country well for centuries
there have been no violent revolutions and no major political unrest.
change has occured naturally and when it has been necessary rather than when reformers have campaigned for it
codifying the constitution would be an extremely difficult exercise and the meagre benefits would not be worth the problems incurred
executive power / incompatibility with parliamentary sovereignty
constitutional safeguards in the UK are weak or abesent meaning government can be more powerful
supporters of the uncodified constitution argue that on balance it is better to have a government that can deal with problems or crises without too much inhabitation
they use the USA as an example of why our constitution shouldn't be codified
the US and congress are frequently prevented from acting decisively by the fear that the constitution will prevent them from doing so
dangers of politicalising the judiciary
a codified court would involve the courts, the supreme court in particular in disputes over its precise meaning and application
there would be