Arguments Against Codified Constitution

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The United States have always insisted that their codified constitution’s only purpose is to serve every US citizen and only them, with no ulterior motives. Can this always be considered the case when said constitution is so difficult to amend and struggles to keep up with the vigorous changes the world endures over the years? Critics often argue that the United Kingdom should adopt the same type of constitution, but if their aim to put their citizens first is reached and done so without the need of a defined document, does it really need to be adopted? Essentially, a constitution is a set of rules which aims to define a country’s system of government, and their purpose is to set out broad principles concerning who makes the law and to allocate …show more content…

Unlike the United Kingdom, it had been deemed necessary for the US to start afresh, for it had experienced a new regime – their separation from the UK’s rule. The first three articles of the constitution are defined by the legislative, executive and judicial branches; which details the rules for each relevant body. As a result of a clearly defined document, a codified document is authoritative and often considered higher law than standard legislation. Secondly, the US constitution is considered entrenched, which enables it to be extremely difficult to amend or abolish. In addition, it is judiciable as the articles outline what is constitutional in the eyes of the government and therefore any future laws are judged against it to garner an idea whether it is constitutional or not. As you can expect, this can pose problems that are often not seen with an uncodified constitution. A variety of sources are able to make rules for the constitution, such as case law. Though a codified constitution is entrenched and judiciable, an uncodified constitution is not and it can be altered through Acts of Parliament and case law, which is entirely flexible. The UK had survived by enacting statutes passed by Parliament, through common law and also through …show more content…

One of the key problems with the lack of a specifically written constitution is that it creates confusion among those that are not certain of the meaning of the constitutional rules. In most cases, the citizens of the United States claim that the first three words of their constitution is ultimately literal It is often put on a pedestal, and because of how definitive the constitution is, every citizen knows their rights and when it is breached, there are clear instructions of what the implications are. The same cannot be said for the UK’s constitution however, as people are often oblivious of the rights they have. In addition, the UK constitution leads to contradictions from their many sources; the UK no longer wished European Union law to be considered a rule of law and therefore began preparations to leave the EU. This risk would be eliminated with a codified

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