Evaluate the view that there are more
advantages to having a codified
constitution than remaining with an
uncodified constitution.
Intro- sovereignty lies in parliament and they can override any decisions.
Advantages- protects rights
Entrench rights- such as bill of rights in the US- parliamentary
sovereignty means that Rights are subject to the will of parliament
and a majority can overturn rights
the former justice secretary Dominic Raab was looking to repeal the
Human Rights Act of 1998
The government proposes adding a permission stage at the start of
human rights legal cases this plan will mean that before a case can
get off the ground the person whose rights have been violated must
show they have faced a significant disadvantage caused by abusing
their rights. Under government plans the meaning of right in the Bill
of Rights won't be the same as its meaning in the European
Convention on human rights and UK judges won't even have to take
European judgments into account. A British Bill of Rights means that
foreign citizens or migrants may not even have the same
protections
police crime sentence in and courts act with the pressure group
amnesty saying this is a dark day for civil liberties in the UK the
actors the following allows police officers to place conditions on
protests they can also impose specific measures on the roots of
marches even in single individual how the placard while sharing
their views via loudspeaker refused to follow police directions about
conducting their protests they could be fined up to 2500
The judicial review act 2022 will make it harder for people to
challenge the government's actions in court this means when an
immigration tribunal rejects an asylum application they can no
longer seek a judicial review
Counter
However an unkind codified constitution provides ultimate flexibility
regarding our rights arguably even more beneficial as it gives the
government the power to respond to current issues
for example Dunblane let one act passed outlawed handguns
, when social attitudes changed the Cameron government passed the
civil marriages act
abortion rights have been settled in the UK and are not subject to
politicisation as is in the US
Some have argued that the current Human Rights Act has gone too
far and has jeopardised the rights of many in exchange for a few for
example the Afghan hijackers judgement in 2006
Advantage- place powers in the hands of an impartial judiciary
The last few years have demonstrated that elected politicians can
abuse their positions or undermine the constitution in return for
populism
the government attempt to progate parliament in 2019 was
successfully challenged in courts
judges have security of tenure and independence enabling them to
make more rational decisions
in most modern liberal democracies the Supreme Court acts as a
check on the other branches because judges are impartial and
independent
link the judiciary to being guardians of the constitution to liberalism
it allows for separation of the branches preventing that tyrony of an
overbearing government
judges are impartial and that means they believe in the rule of law
of recent events such as Iraq and partition that even politicians
cannot be trusted to uphold the rule of law
Counter
Uncodified constitutions place the power in the hands of elected
politicians who are accountable to the people they make the
balance between rights and security because ultimately they know
the political consequences
they are able to make democratic decisions about how the council
elections and through parliamentary committees judges have to be
above this accountability to their few public mechanic isms to hold
them in check at the moment we do not have judicial activism as
the accusations made against the US supreme court which now has
conservative bias
Advantages- clarify roles and powers of the PM and executive and remove
unwritten conventions
it will place into higher law that many conventions on prerogative
powers are ill defined the subject to constant abuse
, blackbrook cabinet government for 10 years on a sofa cabinet as
dubbed by Lord Butler whereby he conducted 1 to one meetings and
did not have appropriately minute meetings through the cabinet
the constitution was designed to be applied by good chap
honourable people use the spirit of constitution said by Peter
Hennessy however the good chap doctoring is no longer applicable
Johnson repeatedly misinformed parliament over parties in #10 and
he did not sack Priti Patel who violated the ministerial code by
bullying a civil servant this is because ultimately these conventions
are not statues furthermore Johnson has rewritten the code to dilute
grounds for dismissal
this lack of clarity allows for prime ministers to exercise a great
degree of personal power and discretion
a codified constitution would address this problem like in the US
where clear rules are set up the president's role
Counter
However the current system allows for nimble government
governments are not bound by old rules made a long time ago but
can change in form when necessary
the House of Commons was overhauled after the right reforms of
2010
the House of Lords act removed all but 92 peers
Johnson was forced to resign after sue greys reporting to party game
awesome alt evolution has been given to the wider country
and uncodified constitution gives flexibility and checks on good
governance remain
Evaluate the view that Parliament is
still sovereign.
Intro
Parliamentary sovereignty refers to the fact that UK parliament is
legally sovereign within the UK constitution
this means it can make laws on any subject it is the only law making
and amending body in Britain and no core higher body including the
Supreme Court can strike down a law passed by parliament
For
The UK parliament remains the ultimate legal authority in the UK it
can pass laws in any subject and isn't subordinate to any other body
in law
advantages to having a codified
constitution than remaining with an
uncodified constitution.
Intro- sovereignty lies in parliament and they can override any decisions.
Advantages- protects rights
Entrench rights- such as bill of rights in the US- parliamentary
sovereignty means that Rights are subject to the will of parliament
and a majority can overturn rights
the former justice secretary Dominic Raab was looking to repeal the
Human Rights Act of 1998
The government proposes adding a permission stage at the start of
human rights legal cases this plan will mean that before a case can
get off the ground the person whose rights have been violated must
show they have faced a significant disadvantage caused by abusing
their rights. Under government plans the meaning of right in the Bill
of Rights won't be the same as its meaning in the European
Convention on human rights and UK judges won't even have to take
European judgments into account. A British Bill of Rights means that
foreign citizens or migrants may not even have the same
protections
police crime sentence in and courts act with the pressure group
amnesty saying this is a dark day for civil liberties in the UK the
actors the following allows police officers to place conditions on
protests they can also impose specific measures on the roots of
marches even in single individual how the placard while sharing
their views via loudspeaker refused to follow police directions about
conducting their protests they could be fined up to 2500
The judicial review act 2022 will make it harder for people to
challenge the government's actions in court this means when an
immigration tribunal rejects an asylum application they can no
longer seek a judicial review
Counter
However an unkind codified constitution provides ultimate flexibility
regarding our rights arguably even more beneficial as it gives the
government the power to respond to current issues
for example Dunblane let one act passed outlawed handguns
, when social attitudes changed the Cameron government passed the
civil marriages act
abortion rights have been settled in the UK and are not subject to
politicisation as is in the US
Some have argued that the current Human Rights Act has gone too
far and has jeopardised the rights of many in exchange for a few for
example the Afghan hijackers judgement in 2006
Advantage- place powers in the hands of an impartial judiciary
The last few years have demonstrated that elected politicians can
abuse their positions or undermine the constitution in return for
populism
the government attempt to progate parliament in 2019 was
successfully challenged in courts
judges have security of tenure and independence enabling them to
make more rational decisions
in most modern liberal democracies the Supreme Court acts as a
check on the other branches because judges are impartial and
independent
link the judiciary to being guardians of the constitution to liberalism
it allows for separation of the branches preventing that tyrony of an
overbearing government
judges are impartial and that means they believe in the rule of law
of recent events such as Iraq and partition that even politicians
cannot be trusted to uphold the rule of law
Counter
Uncodified constitutions place the power in the hands of elected
politicians who are accountable to the people they make the
balance between rights and security because ultimately they know
the political consequences
they are able to make democratic decisions about how the council
elections and through parliamentary committees judges have to be
above this accountability to their few public mechanic isms to hold
them in check at the moment we do not have judicial activism as
the accusations made against the US supreme court which now has
conservative bias
Advantages- clarify roles and powers of the PM and executive and remove
unwritten conventions
it will place into higher law that many conventions on prerogative
powers are ill defined the subject to constant abuse
, blackbrook cabinet government for 10 years on a sofa cabinet as
dubbed by Lord Butler whereby he conducted 1 to one meetings and
did not have appropriately minute meetings through the cabinet
the constitution was designed to be applied by good chap
honourable people use the spirit of constitution said by Peter
Hennessy however the good chap doctoring is no longer applicable
Johnson repeatedly misinformed parliament over parties in #10 and
he did not sack Priti Patel who violated the ministerial code by
bullying a civil servant this is because ultimately these conventions
are not statues furthermore Johnson has rewritten the code to dilute
grounds for dismissal
this lack of clarity allows for prime ministers to exercise a great
degree of personal power and discretion
a codified constitution would address this problem like in the US
where clear rules are set up the president's role
Counter
However the current system allows for nimble government
governments are not bound by old rules made a long time ago but
can change in form when necessary
the House of Commons was overhauled after the right reforms of
2010
the House of Lords act removed all but 92 peers
Johnson was forced to resign after sue greys reporting to party game
awesome alt evolution has been given to the wider country
and uncodified constitution gives flexibility and checks on good
governance remain
Evaluate the view that Parliament is
still sovereign.
Intro
Parliamentary sovereignty refers to the fact that UK parliament is
legally sovereign within the UK constitution
this means it can make laws on any subject it is the only law making
and amending body in Britain and no core higher body including the
Supreme Court can strike down a law passed by parliament
For
The UK parliament remains the ultimate legal authority in the UK it
can pass laws in any subject and isn't subordinate to any other body
in law
