Arguments for and against uncodified constitution
For Uncodified:
1. Easy to amend/adapt constitution
• An uncodified constitution is much more fluid and open to change as there is no
formal process to changing the constitution, they can be altered by simply enacting
statute laws
Parliament Acts of 1911 and 1949 were passed to restrict the power of the HoL,
thereby making the HoC more powerful. They allowed the Commons to force a bill
through after more than a year of ‘ping-pong’, while allowing Commons to pass
money bills without the HoL’s approval
2011 Fixed Term Parliament’s Act was passed under David Cameron to try to
prevent collapse of the Con/Lib Dem coalition and stipulated that Parliament would
last for five years unless a general election was held under special circumstances,
removing the long-standing power of the PM to call a GE.
2. Constitution changes with social attitudes
• Governments can easily introduce new legislation to update the constitution based
on current opinions held within the public at the time
e.g In 2013, the Cameron government passed the 2013 Marriage Act which legalised
same sex marriage, based on the changing social attitudes in the UK at the time. As
such, it passed with the support of 395 MPs.
e.g 1999 House of Lords Act - removed all but 92 hereditary peers from the Lords,
helping to reduce the hereditary influence of the Lords and make it more diverse and
representative.
3. Allows the country’s voice on constitutional matters to be easily heard through
referendums
• Governments are more likely and able to hold nationwide referendums on matters
involving constitutional amendments, as there aren’t any formal processes to amend
the constitution
e.g In January 2020 Boris Johnson signed the Brexit Withdrawal Agreement
following Parliament’s approval, with 358 MPs supporting the bill. This following the
2016 Brexit referendum where 52% of voters voted to leave.
e.g 1998 Scotland Act - created a Scottish government consisting of the First
Minister, other ministers appointed by the First Minister, and the Lord Advocate and
the Solicitor General for Scotland. This following the 1997 Scottish devolution
referendum where 74% of Scotland voted in favour of further devolution
For codified:
, 1. Rights aren’t entrenched
• Rights would be protected by the constitution, making them much harder to change,
as Parliament wouldn’t be able to simply pass legislation to scrap rights
e.g Dominic Raab, Deputy PM, has proposed a Bill of Rights, backed by Sunak, which
would replace the Human Rights Act. Parliament's joint committee on human rights
(JCHR) said the planned law should be scrapped after “inadequate justification” for
changes that would weaken everyone’s ability to enforce their fundamental rights.
e.g In 2022 the government passed the Public Order bill which introduces “serious
disruption prevention orders”. The bill is opposed by groups like RSPB, Oxfam and
Christian Aid due to its restrictions on the right to protest.
2. No limit on power of the executive
• Governments with large majorities in the HoC are currently extremely powerful, but
the introduction of ‘higher laws’ in a codified constitution would check this power, as
currently they seem to be able to do what they want
e.g In December 2022 Boris Johnson nominated Peter Cruddas, a long time Tory
party donor of a total of more than £3 million, for a peerage, overruling the Lords
Appointments Commission, being the first PM to do so.
e.g In September 2019 21 Conservative MPs voted against the PM, as Oliver Letwin
tabled a motion to take control of Parliamentary business away from the
government. As a result, under Johnson’s advice, Chief whip Mark Spencer removed
the whip from 21 Conservative MPs, actually removing their majority
3. Easy to understand
• Citizens can more easily understand their rights and the constitutional makeup of
their country when its codified, as the constitution doesn’t exist in many different
forms/places
e.g 1998 Human Rights Act - Came into force on 2 October 2000. Its aim was to
incorporate into UK law the rights contained in the European Convention on Human
Rights. This provided a clear list of legal rights such as the right to privacy – this act
brought UK constitution closer to codification.
e.g Cabinet Manual was created for the civil service in 2011 gives an overview of the
UK system of government, including how the Executive - the government and the
civil service - relates to Her Majesty the Queen, devolved administrations and
international institutions such as the European Union, whilst listing many unwritten
conventions and rules of government
For Uncodified:
1. Easy to amend/adapt constitution
• An uncodified constitution is much more fluid and open to change as there is no
formal process to changing the constitution, they can be altered by simply enacting
statute laws
Parliament Acts of 1911 and 1949 were passed to restrict the power of the HoL,
thereby making the HoC more powerful. They allowed the Commons to force a bill
through after more than a year of ‘ping-pong’, while allowing Commons to pass
money bills without the HoL’s approval
2011 Fixed Term Parliament’s Act was passed under David Cameron to try to
prevent collapse of the Con/Lib Dem coalition and stipulated that Parliament would
last for five years unless a general election was held under special circumstances,
removing the long-standing power of the PM to call a GE.
2. Constitution changes with social attitudes
• Governments can easily introduce new legislation to update the constitution based
on current opinions held within the public at the time
e.g In 2013, the Cameron government passed the 2013 Marriage Act which legalised
same sex marriage, based on the changing social attitudes in the UK at the time. As
such, it passed with the support of 395 MPs.
e.g 1999 House of Lords Act - removed all but 92 hereditary peers from the Lords,
helping to reduce the hereditary influence of the Lords and make it more diverse and
representative.
3. Allows the country’s voice on constitutional matters to be easily heard through
referendums
• Governments are more likely and able to hold nationwide referendums on matters
involving constitutional amendments, as there aren’t any formal processes to amend
the constitution
e.g In January 2020 Boris Johnson signed the Brexit Withdrawal Agreement
following Parliament’s approval, with 358 MPs supporting the bill. This following the
2016 Brexit referendum where 52% of voters voted to leave.
e.g 1998 Scotland Act - created a Scottish government consisting of the First
Minister, other ministers appointed by the First Minister, and the Lord Advocate and
the Solicitor General for Scotland. This following the 1997 Scottish devolution
referendum where 74% of Scotland voted in favour of further devolution
For codified:
, 1. Rights aren’t entrenched
• Rights would be protected by the constitution, making them much harder to change,
as Parliament wouldn’t be able to simply pass legislation to scrap rights
e.g Dominic Raab, Deputy PM, has proposed a Bill of Rights, backed by Sunak, which
would replace the Human Rights Act. Parliament's joint committee on human rights
(JCHR) said the planned law should be scrapped after “inadequate justification” for
changes that would weaken everyone’s ability to enforce their fundamental rights.
e.g In 2022 the government passed the Public Order bill which introduces “serious
disruption prevention orders”. The bill is opposed by groups like RSPB, Oxfam and
Christian Aid due to its restrictions on the right to protest.
2. No limit on power of the executive
• Governments with large majorities in the HoC are currently extremely powerful, but
the introduction of ‘higher laws’ in a codified constitution would check this power, as
currently they seem to be able to do what they want
e.g In December 2022 Boris Johnson nominated Peter Cruddas, a long time Tory
party donor of a total of more than £3 million, for a peerage, overruling the Lords
Appointments Commission, being the first PM to do so.
e.g In September 2019 21 Conservative MPs voted against the PM, as Oliver Letwin
tabled a motion to take control of Parliamentary business away from the
government. As a result, under Johnson’s advice, Chief whip Mark Spencer removed
the whip from 21 Conservative MPs, actually removing their majority
3. Easy to understand
• Citizens can more easily understand their rights and the constitutional makeup of
their country when its codified, as the constitution doesn’t exist in many different
forms/places
e.g 1998 Human Rights Act - Came into force on 2 October 2000. Its aim was to
incorporate into UK law the rights contained in the European Convention on Human
Rights. This provided a clear list of legal rights such as the right to privacy – this act
brought UK constitution closer to codification.
e.g Cabinet Manual was created for the civil service in 2011 gives an overview of the
UK system of government, including how the Executive - the government and the
civil service - relates to Her Majesty the Queen, devolved administrations and
international institutions such as the European Union, whilst listing many unwritten
conventions and rules of government
