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  • Codification of UK Constitution - Answer Structure

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    Sibtain Ali
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    This document provides an outline for discussing whether the UK should adopt a codified constitution. It begins by noting that the UK is one of few modern nations without a codified constitution. It then discusses key principles of constitutionalism like rule of law, separation of powers, accountability and human rights protection. The outline then examines the UK's current constitutional structure and how it achieves constitutionalism. It considers arguments for and against moving towards a codified constitution in terms of clarity, rigidity, and protecting principles versus losing flexibility and parliamentary sovereignty. The conclusion is that much of the UK constitution is already written and it provides sufficient certainty, so a fully codified constitution is unnecessary.

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    This document provides an outline for discussing whether the UK should adopt a codified constitution. It begins by noting that the UK is one of few modern nations without a codified constitution. It then discusses key principles of constitutionalism like rule of law, separation of powers, accountability and human rights protection. The outline then examines the UK's current constitutional structure and how it achieves constitutionalism. It considers arguments for and against moving towards a codified constitution in terms of clarity, rigidity, and protecting principles versus losing flexibility and parliamentary sovereignty. The conclusion is that much of the UK constitution is already written and it provides sufficient certainty, so a fully codified constitution is unnecessary.

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    © All Rights Reserved
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    14 views2 pages

    Codification of UK Constitution - Answer Structure

    Uploaded by

    Sibtain Ali
    This document provides an outline for discussing whether the UK should adopt a codified constitution. It begins by noting that the UK is one of few modern nations without a codified constitution. It then discusses key principles of constitutionalism like rule of law, separation of powers, accountability and human rights protection. The outline then examines the UK's current constitutional structure and how it achieves constitutionalism. It considers arguments for and against moving towards a codified constitution in terms of clarity, rigidity, and protecting principles versus losing flexibility and parliamentary sovereignty. The conclusion is that much of the UK constitution is already written and it provides sufficient certainty, so a fully codified constitution is unnecessary.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
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    of 2

    Huzaifa Muqadam

    Denning Law School


    Public Law

    Codification of UK Constitution

    Sample Question

    ‘Although the case for reforming particular aspects of the United Kingdom constitution is strong, the
    radical reform that would be signalled by the adoption of a codified constitution is both unnecessary and
    unjustifiable.’

    Discuss.

    Introduction

    - UK is one of the very few modern countries which have not yet adopted a codified Constitution
    - The UK constitution is a unique blend of residual monarchical elements as well as republican
    elements
    - The debate of codification is long standing in UK, however, it does not have a very clear answer.
    - Connecting Statement

    Concept of Constitutionalism – Modern Constitutions

    - Rule of law (few lines explaining its importance)


    - Separation of powers (few lines explaining its importance)
    - Accountability (few lines explaining its importance)
    - Protection of Human Rights (few lines explaining its importance)

    UK Constitutional Structure

    - Constitution is a product of historical events and incidents, each of it contributing towards the
    development of certain element of the constitution
    - Variety of sources – legal sources as well as non-legal sources (importance of conventions)
    - From monarchical supremacy to PS

    How UK achieves Constitutionalism

    - How RoL is achieved


    - How SOP is achieved
    - How Accountability is achieved
    - How HR protection is achieved

    Room for reform

    - Better protection of HR?


    Huzaifa Muqadam
    Denning Law School
    Public Law

    - Limiting RPs / Abolishing monarchy?


    - Codification of IMR + CMR?

    Move towards a Codified Constitution

    - Why UK should move towards CC


    o Clarity + Certainty
    o Rigidity (Constitutional principles cannot be changed at the whim of the elected
    government. For example, the current government is considering to repeal FTPA 2011)
    o League of modern countries
    o Strong HR Protection

    - Why it should not move towards CC


    o Flexibility of UK Constitution will be lost
    o PS will be lost
    o Monarchy will be abolished (symbolic monarchy has a lot of sentimental value)
    o Already achieving all aims of constitutionalism
    o HR protection is already there
    o CC is a result of revolution. UK has not experienced any revolution.

    Conclusion

    Your opinion

    Major part of the UK Constitution is already written in Constitutional statutes. The UK Constitution has
    certain level of certainty and rigidity, which is evident from the fact that various conventions have
    developed showing limitation to PS. A move towards entrenched constitution, is hence not necessary.

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