CODIFICATION OF CONSTITUTION
Q. Discuss the claim that codifying the elements of the UK constitution would have
minimal impacts on day to day politics of the UK
The UK constitution, albeit uncodified, is considered to be settled, cleared, and predictable even
though certain elements of the constitution are unwritten (the conventions). The requirements
of the same in the modern day have been precisely defined. Nonetheless, there exists a debate
that codifying the constitution and particularly the conventions would radically improve the
workings of the state. The essay below will discuss the case for and against codifying the
unwritten elements of the UK constitution and its impact, if any, on the day to day politics of the
UK.
In modern day the argument of having a codified constitution is based upon the doctrine of
constitutionalism. Constitutionalism requires that the state must have a written and settled
constitution (rules which apply on state officials) in order to ensure limitation of powers.
Limitation of power means that within the state no person or institution should have broad,
arbitrary, and unlimited powers i.e. actions within the state should be in accordance with the
law. Constitutionalism also requires that powers within the state should be separated amongst
different institutions so as to avoid concentration and abuse of powers. Seperation of Power
requires that the legislative, executive, and judicial wing of the state should be independent of
one another.
Moreover, a modern constitution would also be based upon the constitution of fundamental and
protecting human rights. No state institution should be allowed to violate such rights. In
addition a modern constitution would also be based upon democracy and accountability which
requires that state ministers should be accountable to the people on whose trust they hold such
power. The debate whether the UK constitution should adopt a codified constitution would
firstly require a background of the current UK constitution structure. The current constitution of
the UK is derived from multiple sources including Acts of Parliament, common law, as well as
conventions. Acts of Parliaments are written laws enacted by the parliament. Acts of Parliament
having constitutional status include HRA, CRA, etc. The central unifying concept amongst all is
that all these statutes regulate state official’s behavior.
Along with Acts of Parliament, common law is another important source of constitutional law.
The principles of judicial review, rule of law, etc, have been designed by the common law courts.
Q. Discuss the claim that codifying the elements of the UK constitution would have
minimal impacts on day to day politics of the UK
The UK constitution, albeit uncodified, is considered to be settled, cleared, and predictable even
though certain elements of the constitution are unwritten (the conventions). The requirements
of the same in the modern day have been precisely defined. Nonetheless, there exists a debate
that codifying the constitution and particularly the conventions would radically improve the
workings of the state. The essay below will discuss the case for and against codifying the
unwritten elements of the UK constitution and its impact, if any, on the day to day politics of the
UK.
In modern day the argument of having a codified constitution is based upon the doctrine of
constitutionalism. Constitutionalism requires that the state must have a written and settled
constitution (rules which apply on state officials) in order to ensure limitation of powers.
Limitation of power means that within the state no person or institution should have broad,
arbitrary, and unlimited powers i.e. actions within the state should be in accordance with the
law. Constitutionalism also requires that powers within the state should be separated amongst
different institutions so as to avoid concentration and abuse of powers. Seperation of Power
requires that the legislative, executive, and judicial wing of the state should be independent of
one another.
Moreover, a modern constitution would also be based upon the constitution of fundamental and
protecting human rights. No state institution should be allowed to violate such rights. In
addition a modern constitution would also be based upon democracy and accountability which
requires that state ministers should be accountable to the people on whose trust they hold such
power. The debate whether the UK constitution should adopt a codified constitution would
firstly require a background of the current UK constitution structure. The current constitution of
the UK is derived from multiple sources including Acts of Parliament, common law, as well as
conventions. Acts of Parliaments are written laws enacted by the parliament. Acts of Parliament
having constitutional status include HRA, CRA, etc. The central unifying concept amongst all is
that all these statutes regulate state official’s behavior.
Along with Acts of Parliament, common law is another important source of constitutional law.
The principles of judicial review, rule of law, etc, have been designed by the common law courts.
