The UK Constitution

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A constitution can be defined as being a body of rules which provides how the state is to be governed. Professor King in his Hamlyn Lecture offered the following definition of a constitution: ‘A set of the most important rules that regulate the relations among the different parts of the government of a given country and also the relations between the different parts of the government and the people of the country.’ Furthermore, Colin Turpin suggests that a constitution is ‘a body of rules, conventions and practices which regulate or qualify the organisation and operation of government in the UK.’
When classifying the UK’s constitution, it would be classified as unwritten, flexible, monarchical and parliamentary. The UK’s constitution has …show more content…

It is citied in many legal cases today, enduring its relevance. The Magna Carta was authorised in June 1215 and is considered one of the first steps taken in England towards establishing parliamentary democracy. King John agreed to the terms of the Magna Carta following the uprising of a group of rebel barons in England; it was created as a peace treaty between the rebels and the king, limiting powers of the monarch. It established that everyone is subject to the law; it guarantees the rights of individuals, the right to justice and the right to a fair trial. The Magna Carta was the first step towards the UK’s …show more content…

The current dominant constitutional principle is parliamentary sovereignty, which means parliament may enact any laws, there are no legal limitations on their law making role. Thus, the doctrine of parliamentary sovereignty is incompatible with an entrenched codified constitution, as a codified constitution would be the highest law. In addition, codified constitutions tend to come about after there has been a serious fracture in the political system of the country concerned; it is seen as a ‘fresh start’. Britain has not since the seventeenth century English civil war experienced a severe rupture to the political system; therefore there has never been a ‘constitutional moment’ of which the fundamental rules needed clarification and writing down into one document.
An argument in favour of codification is that it would provide a clear and more accessible set of fundamental principles and rules. By collecting the fundamental rules of the constitution in a single place, it may make it easier for people to understand the constitution, giving a potential educational effect. Also, having a codified constitution could provide more protection for basic principles of democracy and the rule of law as they would be written and clear. Furthermore, codification could help resolve existing constitutional

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