Please enable JavaScript.
Coggle requires JavaScript to display documents.
Constitution essay plans, intro : constitution is uncodified and…
-
intro : constitution is uncodified and therefore not entrenched, can't simply become outdated as it is ever changing, not to say it is without improvement but the beauty of our constitution is that it has flexibility to improve itself.
- point 1 - on the subject of being uncodified, criticised for weak protection of rights ( currently very topical and could be a constitutional criticism in a modern sense)as doesn't have a codified bill of rights like america, human rights act has helped this however its provisions can be set aside by parliament - terrorism legislation. often compared to american Bill of rights but hate speech and racism is still rife in america, no longer under jurisdiction of the ECHR because of leaving the EU and therefore could be unfit for purpose but in the early stages of EU independence and amendments to the Human Rights Act are already being made
- Point 2 - evolved over time, not entrenched meaning that it does not result in old fashioned ideas being embedded within constitution because of statute law - easier to introduce an act of parliament than to amend the US constitution because of statute laws, codification would codify the rights that are relevant now into a document meant to endure.
- Point 3- The UK's long period pf democratic rule is often put down to its constitutional strength because of parliamentary sovereign and a lot of the constitutional authority resting in the elected HOC. our constitutional system is strongly democratic - HoL reducing hereditary peers significantly after public support, meaning if the constitutional system is being criticised then perhaps there is a participation issue damaging the democracy which underpins it