A constitution is a set of rules that seek to establish the duties, powers and functions of the various parts of government and define the relationships between the state and individuals. Constitutions can be codified and uncodified, unitary and federal and rigid or flexible. the USA have a codified constitution whereas the UK have an uncodified constitution.
If the UK introduced a codified constitution it would significantly affect the power of the government, the relationship between the executive and parliament, relationships between judges and politicians and also individual freedoms and rights. A codified constitution would result in making the rules of the country a lot clearer as they would all be in one single document and more clearly defined, compared to an unwritten constitution where the rules are spread across several documents. A codified constitution would create less confusion about the meaning of 'constitutional' rules and more faith in that they can be enforced.
Another reason the UK should develop a codified constitution is that it would create a limited government and reduce its size. A codified constitution could potentially end the principle of parliamentary sovereignty and the elected dictatorship. This type of dictatorship is known as a constitutional imbalance which means executive power is checked only by the need of the governments need to win elections. Within the UK, it is reflected in the ability of the government to act in any way it pleases as long as it maintains control of the House of Commons.
On the other hand, there are reasons why the UK should not develop this codified constitution. My first reason is that codified constitutions are seen as 'rigid'. For example, it is easier to introduce an Act of Parliament than to amend a constitution. Uncodifed constitutions are seen as more flexible as they are not entrenched like codified constitutions. Codified constitutions cannot be changed quickly and easily, therefore it is more difficult to respond to political and social circumstances whatever they may be. Flexibility is seen as very important as they can be amended and modified to fit the 'ever changing' environment.
Another reason why the UK should not develop a codified constitution is that parliamentary sovereignty would basically abolished. Parliamentary sovereignty states that parliament can make, unmake or amend any law it wishes due to the existence of the constitution and potentially bills or rights. This is because a codified constitution would act as a form of 'higher law'. The codified constitution would undermine the idea of the UK's representative democracy.
In conclusion, I believe that the UK should not develop the codified constitution as flexibility is key and it would always be able to keep up with the changes going on and benefit the people, therefore it should remain uncodified so amendments can be made.
Sunday 31 January 2016
Monday 25 January 2016
What is a constittion and why is it important?
Constitutions organise, distribute and regulate state power. They set out the structure of the state, the major state institutions, and the principles governing their relations with each other and with the state’s citizens.
The UK does not have a single core constitutional document and is therefore sometimes referred to as not having a written constitution. However, the UK’s constitution is made up of some written documents, such as statute law, court judgments and European legislation, but has also developed from case law, common law, historical documents and custom. Therefore, it has more accurately been described as ‘partly written and wholly uncodified’. Unwritten conventions deriving from understandings and customs are considered to be binding, despite not being enshrined within statute or supported by law.
The USA have an official constitution that is codified and it is important for many reasons within the states. It offers power to the people.
The main function of the Constitution is to limit the power of the federal government. The founding fathers of the USA came up with the Constitution. They knew that as the leader of the people, they were flawed in many ways, so as a measure of that they knew they should limit their power. The branches of the government, the president and his administration, the congress and the supreme court, are all under the rulings of the Constitution articles; if it’s not in there, they can’t do it. Each branch of the government has power over each other so none of the branches becomes too powerful. It is also established that the federal law and treaties that are Constitutional are the supreme law of the land. While the content of the Constitution could be changed, it also addresses that the Constitution is to be ratified.
However, the Constitution gets complex when the Bill of Rights is introduced which are the 10 Amendments to the Constitution. Whereas the original Constitution stated what the government can and should do, the Bill of Rights protects the rights of the American, as well as the rights of the States. For example, the freedom of speech, freedom of religion, freedom of the press, freedom to assemble and rally, freedom to petition against a government ruling, the right to keep and bear arms (the American only defense against having a gun control, with argument that the Amendments could not be changed, ironic), the rights to be judged by a jury, the right to not be locked up forever, the right to have some privacy and many others. The Amendments states that it is not a complete list, just because a right isn’t listed doesn’t mean you can’t have it. It is called an amendment for a reason. It also states that the rights not given by the federal government are to be reserved by the people, something like ending the marijuana prohibition. The bill continued to be expanded since its introduction. There is a lot of power the people of America have, while there is very little that the federal government can do.
Until very recently, if the government doesn’t agree with some of the decisions made by the people, they need to get through the States to change it. Nowadays, people just interpret the Constitution in any way that suits them. The Constitution is outdated, but it is created that way to be continually updated. That’s what amendments are for.
However, the Constitution gets complex when the Bill of Rights is introduced which are the 10 Amendments to the Constitution. Whereas the original Constitution stated what the government can and should do, the Bill of Rights protects the rights of the American, as well as the rights of the States. For example, the freedom of speech, freedom of religion, freedom of the press, freedom to assemble and rally, freedom to petition against a government ruling, the right to keep and bear arms (the American only defense against having a gun control, with argument that the Amendments could not be changed, ironic), the rights to be judged by a jury, the right to not be locked up forever, the right to have some privacy and many others. The Amendments states that it is not a complete list, just because a right isn’t listed doesn’t mean you can’t have it. It is called an amendment for a reason. It also states that the rights not given by the federal government are to be reserved by the people, something like ending the marijuana prohibition. The bill continued to be expanded since its introduction. There is a lot of power the people of America have, while there is very little that the federal government can do.
Until very recently, if the government doesn’t agree with some of the decisions made by the people, they need to get through the States to change it. Nowadays, people just interpret the Constitution in any way that suits them. The Constitution is outdated, but it is created that way to be continually updated. That’s what amendments are for.
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