8.4.2

Should the Constitution Be Codified?

Test yourself

Should the Constitution Be Codified?

There is much debate over whether the UK should retain its uncodified constitution or whether it should be changed to a codified constitution.

Illustrative background for Arguments for codifiedIllustrative background for Arguments for codified ?? "content

Arguments for codified

  • The arguments for a codified constitution include protecting human rights, checks on government power and that there would be more clarity for citizens.
  • A codified constitution provides a stronger protection of human rights.
  • The 1998 Human Rights Act, which adopted the European Convention on Human Rights, is an example of human rights being codified to an extent, however, it still remains weak as parliament can override the act.
Illustrative background for For codified: checks & clarityIllustrative background for For codified: checks & clarity ?? "content

For codified: checks & clarity

  • A written constitution is far more clear than an unwritten constitution. A codified constitution would improve understanding and public awareness of the constitution in the UK.
  • A codified constitution would ensure that written checks and balances would be in place to limit the power of the executive.
  • Under a codified constitution, parliament would have clear powers to control the executive.

Arguments for uncodified

  • The arguments for an uncodified constitution include that it allows for a strong government, it is flexible, a codified constitution could politicise the judiciary and it is not necessary to be changed.
  • An uncodified constitution allows for a strong government that can carry out actions and deal with issues decisively.
    • Written constitutions can limit any effective government action because of the preventions it puts in place.
Illustrative background for For uncodified: difficult processIllustrative background for For uncodified: difficult process ?? "content

For uncodified: difficult process

  • Changing to a written constitution would be a difficult process and is not necessary as it has served without major problems in the UK for many years.
    • The UK has many unwritten conventions, such as prerogative powers, which would require writing down into any codified constitution.
Illustrative background for Flexible & politicising judiciaryIllustrative background for Flexible & politicising judiciary ?? "content

Flexible & politicising judiciary

  • A written constitution could lead to the Supreme Court dealing with disputes over the meaning of the constitution, as is the case in the USA.
    • This would mean the court would become involved in political issues despite not being elected.
  • An uncodified constitution is flexible and can adapt more easily to changes in society than a codified constitution.
    • Following the 2010 general election, an uncodified constitution meant it was easy to develop a new set of principles so that a coalition government could be formed.

Jump to other topics

1Democracy & Participation

2Political Parties

3Electoral Systems

4Voting Behaviour & the Media

5Conservatism

6Liberalism

7Socialism

8The UK Constitution

9The UK Parliament

10The Prime Minister & the Executive

11Relationships Between Government Branches

12US Constitution & Federalism

13US Congress

14US Presidency

15US Supreme Court & Civil Rights

16US Democracy & Participation

17Comparing Democracies

18Feminism

19Nationalism

Go student ad image

Unlock your full potential with GoStudent tutoring

  • Affordable 1:1 tutoring from the comfort of your home

  • Tutors are matched to your specific learning needs

  • 30+ school subjects covered

Book a free trial lesson