...Advantages of a codified constitution now outweigh its disadvantages In this essay I plan to go against a codified constitution as I believe that our current constitution is fine they way it stands. There are many reason for keeping a un-codified constitution. There will also be some disadvantages to it like there is to everything, but the advantages will outweigh the disadvantages. One of the reasons to keep our un-codified constitution is because our system can work well in any terms of crisis or emergencies. Such as the 9/11 terrorist attacks on america. When the 9/11 terrorist attacks happened in america on the 9th of september 2001 a law in the UK was passed against terrorists. The Crime & security act was passed in december of the same year. This act have the government the power to detain any suspected terrorist without trial for at least 28 days. This is one of the advantages of the un-codified constitution that we have in the UK, as this proves we can react fast enough to stop things from getting out of hand. In the USA and other european countries have had a much harder problem with terrorism as they have a fixed constitution. So changing laws takes a long time. Although this is an advantage, in other ways its a disadvantage. This act affects the effect & cross of human rights. With this you could cause distress and harm to a person who may not have convicted crime or any terrorist acts at all. If the UK was to change to a codified constitution it would...
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...Should the UK remain uncodified? The UK runs on an uncodified system, this means that the laws are unwritten and are not in one place. In places such as America they have a codified system, this means the laws and rights are written down and have one source, new laws cannot go against these laws. The codified system allows for the country to adapt to the changing world, it also means that after a crisis laws can be changed very easily and quickly. Additionally, the codified system stops tyranny of the judiciary. On the other hand, an uncodified system means that the people's rights are protected and it limits power, it also makes sure that laws cannot be changed whenever they want. One argument for the UK remaining uncodified is because it allows the country to adapt to a changing world. In places such as America they are very much stuck in constitutional times, for example the constitutions says that everyone has the right to bear arms, this would have been relevant back when the constitution was made and they had just gained their independence. Today having a gun is not necessary in everyday life but the are unable to change the law as it is in the constitution. In the UK it is much easier to change the law as there is not a written constitution, for example in 1996 there was the Dunblane shooting, it did not take long for the government to change the gun laws so this would not happen again and they could keep the people safe. This shows how an uncodified system can really...
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...In the United Kingdom, we have a constitution that is uncodified and therefore not entrenched within our politics. Essentially, this makes it far easier to amend than a codified one and thus some groups have begun calling for such a constitution to be introduced. These groups cite the constitution in the USA, which forms the foundation of all political decisions; if a proposed law is found to go against the constitution, it is rejected. Supporters of a codified constitution for the UK say that this will give citizens inalienable rights which cannot easily be manipulated or even overturned by the government. A constitution is based around a general consensus of what people should be able to do or not do. Constitutional agreement forms the foundations of the concept of a rule of law. In the USA, their written constitution means that the relationship between citizens and the law is clearly defined. If a constitutional law is violated, there can be no debate over it. This means that the law has more authority in the land. However, in the UK, there is not one legal standard of our constitution and thus whether or not it was violated can be questioned. This can potentially lead to a moving of the goalposts – if the constitution is not entrenched, it is easy to change. Therefore it is impossible to hold everyone to the same standard even though the rule of law states that everyone is bound by it, because the government can essentially do what it likes in terms of manipulating or...
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...Advantages of Codified Constitution Clarity of Meaning Part of the benefit of a codified constitution is its clarity of meaning. Liberal supporters of codified constitutions have praised its 'predictability.' This means that anyone subject to the constitution is fully aware of its meanings and stipulations. This clarity makes it easier for the judges who oversee the passing of new laws. A process called judicial review sees judges voting on whether new laws are constitutional or not. This protects the constitution from any new law which may compromise it. Organizational Convenience The gathering together of all the fundamental principles and highest forms of law in one place gives the judicial system a convenient point of reference. In countries without a codified constitution, the law is made up of statutes, precedents, conventions and works of authority. This separation of different components of law can slow down the judicial process. Entrenchment Entrenchment is the word used to describe the way in which a codified constitution is protected from those who would change it. Special procedures are required to amend a codified constitution, and this usually requires a 'super majority' before any such amendment is passed. This protects the fundamental principles of the constitution, for example the right to a trial before a jury that is enshrined in the bill of rights. This provides a separation of powers, limiting the amount of damage one democratic party can do to another...
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...of a codified constitution now outweigh its disadvantages’. Discuss There are various advantages to having a codified constitution, especially in the modern climate of security fears that could have on the citizens’ civil liberties. However there are also several advantages to an uncodified constitution, for example its flexibility. When considering codification of the constitution, the following must be considered. A codified constitution would protect the rights of the citizen against the state. At the moment there is the Human Rights Act of 1998 which, in theory, does this already. But as Parliament is sovereign, in can essentially find a way around, or even repeal, this act thus making it unfit for purpose. In 2004 nine men, accused of terrorism, were held without charge (a violation of The Human Rights Act), the men took this case to the House of Lords where it was deemed to be unlawful. This was quickly followed by the introduction of the Anti Terror Act in 2005, which then made it legal for suspected (without significant evidence) terrorists to be held for up to 28 days. This act, for all intents and purposes, superseded the Human Rights Act. So what this says is that an uncodified constitution, where Parliament is sovereign, is open to abuse by the Government therefore making the act useless as it does not do what it was designed for and is therefore not fit for purpose. Whereas if there was a Human Rights Act entrenched, as part of a codified constitution where...
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...Government & Politics Unit 2 * Constitution * Codified Constitution ✓ * Advantages & Disadvantages * Features * Uncodified Constitution ✓ * Advantages & Disadvantages * Features * Is Parliament Sovereign? ✓ * Arguments For and Against * Strengths and Weaknesses of the UK’s constitution ✓ * Constitutional Reforms – Coalition and 1997-2010 ✓ * What are they? * Are they effective? * PM & Cabinet * Features & Functions of the PM ✓ * What must a politician be to becoming PM * What can a PM do? * Functions of Cabinet ✓ * Factors that affect promotion and resignation of a minister ✓ * Powers and Constraints of PM ✓ * Theories of Executive Power ✓ * PM V Cabinet ✓ * Parliament * Functions of Parliament ✓ * What are they? * How effective are they? * Powers of Parliament ✓ * What are they? * How effective are they? * Parliamentary Reform ✓ * What are they? * How effective are they? * Relationship between Parliament and Government ✓ * Factors that affect it * How the coalition affects it Constitution: 2 Types of Constitution * Codified & Uncodified Codified Constitution * Constitution where the rules are written down in a single document. Example could be the USA...
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... outline two features of the UK constitution (5 marks) One feature would be that the UK constitution is uncodified which is a unwritten document where as in the majority of countries there is a codified constitution which is a single document an example of this would be the American constitution, drafted around 200 years ago, which is written down on a piece of paper and lays down the rights of American citizens and also the powers of her government. Another feature would be that the UK constitution derives from a number of sources one of them being statute law, law passed by government. The fact that our constitution is unwritten means that there is no system of formal checks and balances on the government but in reality there a number of powerful forces which means that a government is restricted in what they wish to do Assess the strengths of the UK constitution (25 marks) The UK constitution has many advantages too it but can also weigh our government down and doesn’t always benefit our society. One strength would be that the balance of power lies mostly in the executive branch. The Prime Minister can be very decisive and is able to make essential decisions this moves power to centralization, which is the movement of power to Westminster. An example of this would be when Thatcher refused to engage with growing cause for the devolution of powers to Scotland and Northern Ireland. This benefits society because Thatcher didn’t...
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...POLITICS AS LEVEL UNIT TWO GOVERNING THE UK “Never, never, never give up” Winston S Churchill 1874-1965 1 GOVERNING THE UK 50% of AS [25% of A2] UNIT TWO SAMPLE QUESTION Answer one question from Section A and one question from Section B in 80 minutes. Spend 40 minutes on Section A and 40 minutes on Section B SECTION A QUESTION ONE PRIME MINISTERIAL POWER “For too long the big political decisions in this country have been made in the wrong place. They are not made around the Cabinet table where they should be, but they are taken on the sofa in Tony Blair’s office. No notes are kept and no one takes the blame when things go wrong. That arrogant style of government must come to an end. I will restore the proper process of government. I want to be Prime Minister of this country not a President (Source: David Cameron, The Times, 5th October 2006) “The Cabinet is the committee at the centre of the British political system. Every Thursday during Parliament, Secretaries of State from all departments as well as other ministers meet in the Cabinet Room in Downing Street to discuss the big issues of the day. The Prime Minister chairs the meeting, selects its members and also recommends their appointment as ministers to the monarch. The present Cabinet has 23 members (21 MPs and two peers). The secretary of the Cabinet is responsible for preparing records of its discussions and decisions”. (Source: From a modern textbook) (a) What criticism is David...
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...For other uses, see Constitution (disambiguation). A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed.[1] These rules together make up, i.e. constitute, what the entity is. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a written constitution; if they are written down in a single comprehensive document, it is said to embody a codified constitution. Constitutions concern different levels of organizations, from sovereign states to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines which a state's rulers cannot cross, such as fundamental rights. An example is the constitution of the United States of America. George Washington at Constitutional Convention of 1787 signing of the U.S. Constitution. The Constitution of India is the longest written constitution of any sovereign country in the world,[2] containing 444 articles in 22 parts,[3][4] 12 schedules and 118 amendments, with 117,369 words in its English-language translation,[5]...
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...Constitutional reform since 1997 has not gone far enough. Discuss. I believe that constitutional reform since 1997, ultimately has not gone far enough in the UK. Such reforms in the UK, including the House of Lords Act 1999 took reform in Westminster to quite a large extent, but this has be limited by a few factors. In addition, the Human Right Act 1998 was another significant reform under the Blair government allowing citizens clearer light on their rights and freedoms, however this Act of Parliament is not entrenched within the UK’s constitution. The electoral system has also been subject to interpretation under constitutional reform such as PR systems used for Scottish Parliament and devolved assemblies. The House of Lords Act 1999 put through under the Blair government removed all but 92 hereditary peers from the House of Lords. This meant that Parliament’s lower chamber could be seen as a more legitimate body as unelected and unappointed peers were seen as undemocratic and illegitimate to the UK political system. This also meant that there would be a more confident role of scrutiny in the House of Lords as appointed peers would be deemed fairer on legislation in the Lords chamber. An example of the House of Lords exerting this new role is the blocking of the NHS reform which led to the government having to amend their plans, as well as the Hunting Act 2004. Conversely, this reform to the House of Lords could be argued to have not gone far enough as 92 hereditary peers...
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...How and why should parliament be made more effective? Parliament is the sovereign body in the United Kingdom and so it is vital, for the wellbeing of democracy, that parliament not only exists but is also effective. Parliament plays the role of the Legislative and, as a result, is required to be as effective as possible to assure that laws are well thought out, benefit the whole of society and most of all maintain democracy. However, many people feel that certain aspects within Parliament limit its effectiveness and they feel these features need to be reformed in order for Parliament to carry out its function correctly. Firstly, the most obvious way to make Parliament more effective would be to reform the electoral system. Currently, Westminster elections use the system of First-past-the-post where the candidate with the most votes in a constituency wins the seats. However, this system is highly disproportionate in both terms of the word as it exaggerates winning votes for example, the Conservatives received 36.1% of the vote and won 47.1% of the seats in the 2010 general election, whereas it penalises small parties such as the Liberal Democrats who won 23% of the vote but gained only 8.8% of the seats. Particularly as FPTP produces landslide majorities, it makes Parliament less effective as the party that wins the general election forms the government and therefore has a large majority in most cases. If MPs belonging to the party vote along party lines all the time, in...
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...Parliamentary sovereignty, once the dominant principle of the UK Constitution, is now under considerable pressure. Discuss this statement with reference to the UK’s membership of the EU, the devolution acts of 1998, the Human Rights Act 1998 and recent judicial comments on the Rule of Law. "Certainly we want to see Europe more united… but it must be in a way which preserves the different traditions, parliamentary powers, and sense of pride in one's own country." Margaret Thatcher Over the course of the years many prominent figures such as politicians and academic writers have been concerned with the diminishing of Parliamentary sovereignty. “Parliamentary sovereignty is a principle of the UK constitution. It makes Parliament the supreme legal authority in the UK, which can create or end any law. Generally, the courts cannot overrule its legislation and no Parliament can pass laws that future Parliaments cannot change. Parliamentary sovereignty is the most important part of the UK constitution.” Historically, due to the lack of a single codified constitution in the UK, the Westminster Parliament is the most powerful and influencing factor on the British political frontier. As opposed to America where the constitution dominates US politics, and legislation can be deemed unconstitutional and revoked by the US judiciary. However, since further integration into Europe incorporating The European Communities Act 1972, The Human Rights Act 1998, European Conventions on Human Rights...
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...become a center for ethical and political dilemmas; dilemmas fuelled primarily by the weaponization of the internet as a tool to fight authority, shown by the utilisation of the internet by ‘Hacktivist’ pressure groups such as Anonymous and Occupy, the historical leaking of classified surveillance information by computer professional Edward Snowden and, most recently, the utilisation of the internet as tool for the work of Islamic Extremists. It is obvious that the internet, if left unregulated, can become a very dangerous place for its users, and it is this fear that has prompted UK government, and primarily Home Secretary Theresa May, to begin a battle for more state control over the internet. For some, the idea of British state-control to promote the safety of individuals is undeniably correct, we are a nation that can pride ourselves on promoting the safety and contentment of our citizens; from Lloyd-George’s development of the welfare state to the quick and direct tackling of gun-laws after the tragic events of the Dunblane massacre. However, as for-mentioned, the uniqueness of the internet, as a contemporary world-wide tool for both positive and negative social organisation, has made the case for state-control a much more complex debate. The argument for the restriction of state control of the internet is consistently cogent. The ideological concepts of Classical Liberalism do clearly support this argument, such...
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...question covers one of the four sections of the specification. These are: Democracy and political participation Party policies and ideas Elections Pressure groups There is no significance to the order in which questions appear. Each question is divided into three sections (a), (b) and (c). When choosing which questions to do, the following principles are recommended: It is almost certain that you will be better off choosing your strongest question to do first. You should choose questions on the basis of how well you can answer the section (c) part. The (c) part carries 25 of the 40 marks available for the whole answer. Do not choose a question simply because you can do part (a) especially well. The (a) question is only worth 5 marks. It would be illogical to choose your strongest (a) part if you cannot do well on section (c). If you cannot decide between several (c) parts, i.e. you can do more than one equally well, make your choice on the basis of part (b) which carries 10 marks. But remember, it is the (c) parts that will determine most what your overall mark will be. So, when you first look at the exam paper, look at the (c) sections first. Assessment Objectives Each question is divided into three sections, as follows: carries 5 marks carries 10 marks carries 25 marks The way you answer questions should be determined by the way assessment objectives are distributed. Assessment objectives provide the basis upon which examiners award marks. You need to be familiar with them...
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...Introduction The welfare of a company depends on the shoulders of the directors and the directors are also responsible for the interests of the company as well as shareholders. Directors are basically fiduciary agents and they owe duties to the company, directors' are appointed by the company's shareholders to run the company's affairs for the benefits of the shareholders. Moreover, no company can get success without having the good and honest directors, so company success can only be achieved, if the directors of the company fulfil their duties and complete enforcement of the director's duties. Therefore directors play very significant role in any corporate governance system. Director's general duties are based on the certain common law rules and equitable principles. Lord Judge Bowen explains director's duties in these beautiful words that “directors are described sometimes as agents, sometimes as trustees and sometimes as managing partners. But each of this expression is to be used not as exhaustive of their powers and responsibilities, but indicating useful points of view from which they may for the moment and for the particular purpose be considered.” The Chapter 1 of this paper is amid to critically analyze that what are the duties and responsibilities of directors under Companies Act 2006. The duties of directors alone are of no importance if they cannot be fully enforced, the chapter 2 of this piece of work relates to the system of enforcement which provides the different...
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