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Advantage and disadvantage of codified and un codified Constitution
Pros and cons of codified vs uncodified constitution
Advantage and disadvantage of codified and un codified Constitution
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I feel cautious in enforcing a written constitution into our country, I believe the current rights have been stable and a change may seem unnecessary. The current arrangements have served Britain well for centuries, simply by relying on conventions. In my opinion, we should focus our energy on sorting the ever-growing problems affecting our country, rather than over complicating a situation. By not having a written constitution, it allows us to ensure the current laws adapt to changing situations quicker and easier.
A Constitution is a set of rules that help govern the country, there are many different types of constitution but the two most commonly known are uncodified and codified. The British constitution has grown over time, building on common law, case law, Acts of Parliament and European legislation. “There is no single document from which is derived the authority of the main organs of Government, such as the Crown, the Cabinet, Parliament and the courts of law. No single document lays down the relationship of the primary organs of government one with another or with the people.” Bradley, A W. and Ewing, K D. (2007, p.4). Currently the UK employs an uncodified constitution, historical facts show that Britain has not been conquered since 1066 and has had a stable Government for hundreds of years. The UK has a long history of an unbroken democratic rule; this is seen as the strength of the uncodified constitution.
Many countries tend to abide by a written constitution, usually these countries have faced dramatic change in their history such as war, France and the USA are good examples of countries with written constitutions. Some groups such as the Liberal Democrats and Charter 88 enforce the right for our country to fo...
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...deciding against a change. It seems easier and quicker to introduce a new law into the Government than amend a constitution. There could be a danger that laws may need changing frequently, this means if we adopted a codified constitution and amended it where necessary there would be no difference to the current constitutional system. The current state seems to be working fine, new laws are introduced where they are needed and this has worked well for our country, the British constitution has adapted to circumstance and will continue to grow.
Works Cited
Williams, A., 1998. UK Government & Politics. 2nd ed. Oxford: Heinemann Educational Publishers.
Elliot, C. and Quinn, F., 2008. English legal system. 9th ed. Essex: Pearson Education Limited
Bradley, A W. and Ewing, K D., 2007. Constitution and administrative law. 14th ed. Essex: Pearson Education Limited
There could be arguments supporting it and arguments going against it. As a result, the citizens of the UK saw a codified constitution as a necessity at that moment. However, there are many advantages of an uncodified constitution. The biggest advantage is the idea of flexibility. As societies are changing, and societal norms take new forms, it is very important for the constitution of countries to adapt to that quickly, as a country’s constitution should be in the best interest for its citizens.
In conclusion, equivalent contentions on the constitution being static or adaptable demonstrates that certain parts of looking at the constitution shows alternate points of view on whether it adjusts to the needs of the Australian public. Subsequently, the general population ought to be mindful of any alterations made or to be made to guarantee the significance and needs of the nation is fulfilled.
The strict constitutionalist within me would not be in agreement with abandoning our constitution under any circumstances. If we were to abandon this document, we return to the same situation that we were in during 1776. There would be nothing that would bind the states together. Not having a constitution almost caused us to lose the revolutionary war. During the decade that we were without the constitution, many events occurred such as Shay's Rebellion in Massachusetts, British contempt for treaties, Indian depredations, and Spanish movements on the western and southern borders. All of these combined to demonstrate how vulnerable the United States really were. Our first President, George Washington was quoted as saying " I confess to you candidly, I can foresee no evil greater than disunion".
The United States' Constitution is one the most heralded documents in our nation's history. It is also the most copied Constitution in the world. Many nations have taken the ideals and values from our Constitution and instilled them in their own. It is amazing to think that after 200 years, it still holds relevance to our nation's politics and procedures. However, regardless of how important this document is to our government, the operation remains time consuming and ineffective. The U.S. Constitution established an inefficient system that encourages careful deliberation between government factions representing different and sometimes competing interests.
Firstly, the constitution would create a government with an immense amount of power and we would be putting ourselves into the same position Britain just had us in. A large central, binding government, that we are ordered to follow. So why would we make the same mistake of being controlled by a large central government again? Amos Singletary, a delegate to the Massachusetts Constitution
Gunther, G. (1991). Constitutional Law. Twelfth Edition. New York: The Foundation Press, Inc. pp. 1154-1161.
The document I chose to write about is the United States Constitution. When the thirteen British colonies in North America declared their independence in 1776, they laid down that “governments are instituted among Men, deriving their just powers from the consent of the governed.” The “colonies” had to establish a government, which would be the framework for the United States. The purpose of a written constitution is to define and therefore more specifically limit government powers. After the Articles of Confederation failed to work in the 13 colonies, the U.S. Constitution was created in 1787.
In 1787, The United States of America formally replaced the Articles of Confederation with a wholly new governing document, written by the delegates who attended the Constitutional Convention in Philadelphia. This document, known as the Constitution, has served as the supreme law of our land for the past 228 years. It has stood the test of time and a majority of Americans still support it today (Dougherty). The Constitution was designed in a way that allows for it to be amended, in order to address changing societal needs. Article V discusses the process by which the Constitution can be altered. This feature has enabled it to stay in effect and keep up with current times. The Constitution should not be rewritten every 19 years because it would not only weaken its importance, but it would also hurt foreign relations and continuously rewriting it would give political parties too much power.
The Incorporated Council of Law Reporting for England & Wales. - Counsel [24] See footnote 22 – but page 61 [25] GEOFFREY, Marshall, Constitutional Theory, Clarendon Law Series, Oxford 1971 Chapter1 – the Law and the constitution, part 3. Dicey’s doctrine and its critics. [26] REGINA v HER MAJESTY'S TREASURY, Ex parte SMEDLEY, [COURT OF APPEAL], [1985] Q B 657, 19 December 1984, (c)2001 The Incorporated Council of Law Reporting for England & Wales [27] MITCHELL, JDB, Constitutional Law, 2nd edition, Edinburgh, W Green & SON LTD, 1968, Convention, page 31 [28] See footnote 22 but page 64
... idea of Parliamentary Sovereignty: The Controlling Factor of Legality in the British Constitution’ (2008) OJLS 709.
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