Free Essay

Britain Should Adopt a Codified Constitution, Discuss.

In: Other Topics

Submitted By tarrywenham99
Words 557
Pages 3
“Britain should adopt a codified constitution”, Discuss. (40 mark)

Intro
A constitution is a set of rules/principles, which aim to set the duties and powers of government. There are two different types of constitutions, codified (written) and uncodified (unwritten), which the UK is an example of an uncodified and the U.S.A a codified.

Codified and Uncodified Constitutions
An uncodified constitution is a constitution made from principles that are not formatted into one single document and unlike codified is not authoritative and also not entrenched. A codified constitution is where the principles or rules are collected within a single document. Codified constitutions have three key features, the first is that the document itself is authoritative in the sense it constitutes a ‘higher’ form of law. The other key feature is that It binds all political institutions. And the final key feature is that they are said to be entrenched which means they are difficult to abolish or amend.

UK for a Codified Constitution
Some people argue that if the UK adopted a codified constitution is a good thing. If it was to be adopted it would significantly change the UK because it would affect: the power of the government and people’s rights and freedom.
One of the biggest arguments for adopting a codified constitution is the fact it would make all rules/principles a lot clearer as they would all be in 1 single document and more clearly written meaning it would create less confusion about the constitutional rules. A codified constitution would also make the overall goals of the political system stand out more to the public eye and anyone else, strengthening the country. It was also cut the government massively by ending parliamentary sovereignty. And it would also not be possible for the government to interfere with the constitution due to higher law that safeguards the constitution. And of course the strongest argument it that it would protect human rights by making the current rights of the people to be stated with more clarity and that it cannot be changed with as much easy or ‘put to one side’ in order for the government to achieve other means.

UK against an Uncodified Constitution
Codified constitutions are rigid, this makes it extremely difficult to change compared to the current uncodified constitution as it is quicker to introduce an Act of Parliament that it is to amend a constitution thus meaning it is hard for it to stay up-to-date with the ever changing society which is the biggest downfall of a codified constitution. The UK has also been an uncodified constitution for a long amount of time where it has been able to change and adapt to the needs of the people to further improve day to day life, no revolutions have occurred against parliament in a lengthy period of time so it goes to show the majority of the UK is satisfied with the current uncodified constitution so why change it?

Conclusion
I find although there are many valid points to why the UK should both adopt and not adopt a codified constitution the argument for keeping the UK’s constitution uncodified over powers the other arguments because it wouldn’t be in the public interest and make it harder to adapt to the constantly changing society the thrives in the UK.

Similar Documents

Free Essay

The Uk Would Benefit from a Codified Constitution

...from the introduction of a fully codified constitution’ Discuss Plan Arguments against * Ruins the doctrine of sovereignty-Parliament sovereignty is effectively beaten. * Judges have to police the constitution and effectively interpreted. – Threat of judicial tyranny. Codified constitutions cannot be interpreted by the public so the judges would have to interpret it which could bring out preferences and values of senior judges * Un-necessary- doesn’t Philly limit governments * Hard to change * Easily outdated * Legal documents created at one point of time rather than a document which has been endorsed by history and created over time Arguments for * Clear rules * One codified document * Limited government * Neutral interpretation * Protecting rights of individual liberty * Education value – highlight certain values and strengthen citizenship Introduction The argument of a codified constitution has been a debated subject for a long time within the UK political spectrum. The argument stands at present moment that if the UK should or should not implement a codified constitution. Both sides of the argument withstand staggering evidence both in favour and factors denouncing the idea being drawn at the same time. The fact of a codified constitution would invoke a greater judicial intervention within the UK – maybe even put the state under risk of judicial tyranny. On codified constitution we have at the moment, have a scattered...

Words: 1530 - Pages: 7

Premium Essay

Public Report

...Examiners’ report 2011 Examiners’ report 2011 265 0020 Public law – Zone A Introduction As in previous years, the quality of papers ranged from First Class to poor Fails. In this report the Examiners will discuss what constitutes a „good‟ answer and what does not. Extracts from candidates‟ examination scripts are included in relation to Questions 1 and 4, both of which were statistically popular with candidates. Please note that spelling errors and other linguistic problems have been left as they were on the examination script. General remarks As in previous years, irrespective of the actual questions on the examination paper, there are a number of common problems which detract from the quality of the answers given. The first relates to understanding and correctly interpreting the question. Although a number of the same topics will appear on the paper each year, candidates must appreciate that this does not mean that there is a standard answer which will be adequate for the particular question. It is extremely important that you take care in interpreting what the actual question is asking, and adapt your knowledge of the topic accordingly. The Examiners can spot a „rote-learned‟ preprepared answer and it is rarely adequate for more than a bare pass, if that. A related issue concerns relevance. One of the main purposes of the 15-minute reading time is to enable candidates to read and reflect on what the questions require, and a correct interpretation is crucial for success...

Words: 6144 - Pages: 25

Free Essay

Politics

...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 Cameron making of Tony Blair’s style of decision making in source 1? [5] ...

Words: 68254 - Pages: 274

Free Essay

Gov and Pol

...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 to maximise your marks. They will help direct your revision and with the answers to the questions. A full explanation of...

Words: 51996 - Pages: 208

Premium Essay

Director Duties

...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...

Words: 8848 - Pages: 36

Premium Essay

Constitutions

...Constitution From Wikipedia, the free encyclopedia 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 writtenconstitution; 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 Conventionof 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...

Words: 16003 - Pages: 65

Premium Essay

Development of Laws and Customs

...Second Semester National University of Advanced Legal Sudies(NUALS) Kochi - Kerla Index Introduction (3) Theories Regarding the origin of Law (5) Legal Systems of the World (8) Custom (20) International Law (22) Annexure (28) Bibliography (33) Acknowledgment (34) Introduction There ought to be, and many times is, a close nexus between manmade law and justice – law should aim at justice. Laws should be the objective expressions of the nature of reality rather than merely the subjective prejudices or whims of some person, group of people, or society as a whole. Natural law is objective since it is inherent in the nature of the entity to which it relates. The content of natural law is accessible to human reason. For example, it is easily understood that since each man has a natural right to survive, flourish, and pursue his own happiness, no other man or group of men should attempt to deprive him of a chosen value or action through the initiation or threat of force. Historically, socially emergent ideas of legal principles, oftentimes in accord with the nature of reality, occurred prior to their adoption by political authorities. Voluntary forms of governance through customary private laws preexisted state law and effectively ordered human affairs. Law arose as a spontaneous order – something to be discovered rather than enacted. Law is an evolutionary...

Words: 8905 - Pages: 36

Premium Essay

History of Education

...EDU 604 HISTORY OF EDUCATION IN NIGERIA COURSE GUIDE Course Code Course Title Course Developer History of Education in Nigeria EDU 604 Dr Samuel Amaele Guidance and Counselling University of Ilorin Kwara State Dr Samuel Amaele Guidance and Counselling University of Ilorin Kwara State Mr Akanbi G. O. Department of Educational Foundation College of Education Oyo state Dr. O. I. Salawu School of Education National Open University of Nigeria Lagos Course Writers Course Editor Programme Leader NATIONAL OPEN UNIVERSITY OF NIGERIA ii EDU 604 HISTORY OF EDUCATION IN NIGERIA National Open University of Nigeria Headquarters 14/16 Ahmadu Bello Way Victoria Island Lagos Abuja Annex 245 Samuel Adesujo Ademulegun Street Central Business District Opposite Arewa Suites Abuja e-mail: centralinfo@nou.edu.ng URL: www.nou.edu.ng National Open University of Nigeria 2006 First Printed 2006 ISBN: 978-058-134-0 All Rights Reserved Printed by …………….. For National Open University of Nigeria iii EDU 604 HISTORY OF EDUCATION IN NIGERIA Contents Page Introduction ……………………………………………. 1 Course Aims ………………………………………………... 2 Course Objectives ………………………………………….. 2 Working through this Course ………………………………. 2 Course Materials …………………………………………… 3 Study Unit …………………………………………………. 3 Assessment …………………………………………………. 4 End of Course Examination ………………………………... 4 Summary ………………………………………………….. 4-5 Introduction To appreciate the current educational development and plan better...

Words: 33103 - Pages: 133

Premium Essay

It Is a Very Good One

...UNIT ONE INTRODUCTION TO CIVIC AND ETHICAL EDUCATION 1. INTRODUCTION 2. MEANINGS OF CIVICS AND ETHICAL EDUCATION The Notion of Civics The subject field of civics originates from the nature of human being itself i.e. from the natural behavior and level of interaction of human beings it self. One basic nature of human beings related with this statement is the fact that “man is a social animal” whose life is closely related to each other. Almost all instincts, demands and progresses of human beings are fulfilled in society. The superiority that human beings try to achieve over nature and other living things is the result of the social bond among human beings. If such bond is a requirement for the survival of human beings, then what should be the pattern of social interaction that exist among human beings is closely related with the subject matter of civics. In this regard civics is considered as a subject field which is mainly concerned with teaching citizens as to how they can live harmonious and peaceful life with other citizens and as to how they can resolve conflicts peacefully among them selves. The other basic nature of human being is the political view of philosophy by Plato that, “Man is a political animal”, which means no human being can escape from the deeds of politics and its dayto-day life is either directly or indirectly affected by it. For this reason human beings have to know the workings of politics, institutions that affect their day to day life, norms, principles...

Words: 43853 - Pages: 176

Premium Essay

Administrative Law

...LAW 443 ADMINISTRATIVE LAW I NATIONAL OPEN UNIVERSITY OF NIGERIA SCHOOL OF LAW COURSE CODE: Law 443 COURSE TITLE: Administrative Law I 1 LAW 443 ADMINISTRATIVE LAW I Course Code: Course Title: Course Developer/Writer: Administrative Law I Law 443 Simeon Igbinedion, LL.B., LL.M., B.L., PH.D., Faculty of Law, University of Lagos. Professor Animi Awah Ifidon Oyakhiromen, LL.B, LLM, M.Phil, Ph.D, BL Course Editor: AG. Dean,/Programme Leader: Course Coordinator: Mr. Ayodeji ige, LLM, BL 2 LAW 443 ADMINISTRATIVE LAW I COURSE GUIDE CONTENTS PAGE Introduction ……………………………………………………………………….. 1 What You Will Learn in this Course …………………………………………….... 2 Course Aims ………………………………………………………………………. 3 Course Objectives ………………………………………………………………… 3 Study Units ……………………………………………………………………….. 3-4 Tutor-marked Assignment ……………………………………………………....... 4 References/Further Reading ……………………………………………...……. 4 3 LAW 443 ADMINISTRATIVE LAW I Introduction Consider a situation where your residential property in which you have lived for decades has been demolished by the authorities of the FCT, or the Lagos State Ministry of Environment for allegedly being located in an industrial area. Suppose some customs officers at a checkpoint found you in possession of items which they claim to be contraband and, therefore, seized pursuant to the new Customs policy of zero-tolerance of goods likely to endanger the economic growth or contribute to the...

Words: 42593 - Pages: 171

Premium Essay

Information Tectnology

...NATIONAL OPEN UNIVERSITY OF NIGERIA SCHOOL OF ARTS AND SOCIAL SCIENCE COURSE CODE:POL 122 COURSE TITLE:INTRODUCTION TO AFRICAN POLITICS POL 122 INTRODUCTION TO AFRICAN POLITICS COURSE GUIDE POL 122 INTRODUCTION TO AFRICAN POLITICS Course Writer/Developer Mr. Sikiru Lanre Nurudeen Department of Political Science and Conflict Resolution Al – Hikmah University, Ilorin Kwara State Course Editor Prof. M. Olarotimi Ajayi Faculty of Social Sciences Covenant University Otta Course Coordinator Mr. Abdul-Rahoof A. Bello National Open University of Nigeria ii POL 122 INTRODUCTION TO AFRICAN POLITICS NATIONAL OPEN UNIVERSITY OF NIGERIA National Open University of Nigeria Headquarters 14/16 Ahmadu Bello Way Victoria Island Lagos Abuja Office No. 5 Dar es Salaam Street Off Aminu Kano Crescent Wuse II, Abuja Nigeria e-mail: centralinfo@nou.edu.ng URL: www.nou.edu.ng Published by National Open University of Nigeria Printed 2009 ISBN: 978-058-415-3 All Rights Reserved iii POL 122 INTRODUCTION TO AFRICAN POLITICS CONTENTS PAGE Introduction ………………………………………….…………… 1 Course Aims ……………………………………………………… 1 Course Objectives ………………………………………………... 1 Working through Course……………………………………. This 2 Course Materials………………………………………………….. 2 Study Units………………………………………………………. . 2 Text books and References……………………………………….. 3 Assessment File…………………………………………………… 3 Tutor-Marked Assignment ……………………….. ……………… 4 iv POL 122 INTRODUCTION TO AFRICAN POLITICS Final Examination Grading…………………………………...

Words: 67952 - Pages: 272

Premium Essay

Secularism

...Chand Kiran, P.K. Jayakrishnan, K.C. Lamba, Sudha Pal, V.K. Shukla, Nischal Kumar Neeraj, Ashish Tripathi, K.K. Mohan, Nawal Kishore Jha, M.P. Jha, Harshvardha Jha, Ram Ekbal Roy, Rani Jethmalani, Harish Pandey, Samar Bansal, Abhik Kumar, P.R. Mala, Rajiv Kumar Tiwari, Rajesh Kumar, Sanjai Tiwari, Lata Krishnamurthi, Sachin Jain, Mukesh Kumar Tripathi, Lokesh Kumar, M.K. Garg, Meenakshi Arora, S. K. Mehndiratta, Pranav Sen, S.W.A. Qadri, Mahra, R.M. Sharma, Sushma Suri, Advs., Gopal Subramanian, ASG., Dayan Krishnan, Gautam Narayan, Satyakam, T.S. Murthy, Raghenth Basant, Aman Ahluwalia, Arunav Patnaik, Abhishek Tiwari and D.S. Mahra, Advs. Subject: Constitution Acts/Rules/Orders: Constitution of India (Forty-fourth Amendment) Act, 1978 - Section 15, Constitution of India (Forty-fourth Amendment) Act, 1978 - Section 19, Constitution of India (Forty-fourth Amendment) Act, 1978 - Section 26; Bill of Rights Act, 1688 - Schedule - Article 9; Parliamentary Privilege Act, 1770; East India Company Act, 1784; Charter Act, 1833; Charter Act, 1853; Charter Act, 1854; Charter Act, 1861; Charter Act, 1892; Charter Act, 1909; Government of India Act, 1915 - Section 63, Government of India Act,...

Words: 122434 - Pages: 490

Free Essay

Just Like That

...Single Convention on Narcotic Drugs From Wikipedia, the free encyclopedia | [hide]This article has multiple issues. Please help improve it or discuss these issues on the talk page. | This article lends undue weight to certain ideas, incidents, or controversies. (December 2013) | This article is outdated. (December 2013) | This article needs additional citations for verification. (October 2014) | | | Single Convention on Narcotic Drugs | Governments of opium-producing Parties are required to "purchase and take physical possession of such crops as soon as possible" after harvest to prevent diversion into the illicit market. | Signed | 30 March 1961 | Location | New York City | Effective | 8 August 1975 [1] | Condition | 40 ratifications | Parties | 185[1] | Depositary | Secretary-General of the United Nations | Languages | Chinese, English, French, Russian and Spanish | Single Convention on Narcotic Drugs at Wikisource | The Single Convention on Narcotic Drugs of 1961 is an international treaty to prohibit production and supply of specific (nominally narcotic) drugs and of drugs with similar effects except under licence for specific purposes, such as medical treatment and research. As noted below, its major effects included updating the Paris Convention of 13 July 1931 to include the vast number of synthetic opioids invented in the intervening thirty years and a mechanism for more easily including new ones. From 1931 to 1961, most of the families of synthetic...

Words: 28067 - Pages: 113

Premium Essay

Wael Hallaq, Shari'a

...This page intentionally left blank An Introduction to Islamic Law The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The author expounds on the roles of jurists, who reasoned about the law, and of judges and others who administered justice; on how different legal schools came to be established, and on how a moral law functioned in early Muslim society generally. The second part explains how the law was transformed and ultimately dismantled during the colonial period. As the author demonstrates, this rupture necessitated its reinvention in the twentiethcentury world of nation-states. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms and lists for further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and its history. w a e l b . h a l l a q is James McGill Professor in Islamic Law in the Institute of Islamic Studies at McGill University. He is a worldrenowned...

Words: 86898 - Pages: 348

Premium Essay

Kingdom Principles

...KINGDOM PRINCIPLES PREPARING FOR KINGDOM EXPERIENCE AND EXPANSION KINGDOM PRINCIPLES PREPARING FOR KINGDOM EXPERIENCE AND EXPANSION Dr. Myles Munroe © Copyright 2006 — Myles Munroe All rights reserved. This book is protected by the copyright laws of the United States of America. This book may not be copied or reprinted for commercial gain or profit. The use of short quotations or occasional page copying for personal or group study is permitted and encouraged. Permission will be granted upon request. Unless otherwise identified, Scripture quotations are from the HOLY BIBLE, NEW INTERNATIONAL VERSION Copyright © 1973, 1978, 1984 by International Bible Society. Used by permission of Zondervan Publishing House. All rights reserved. Scripture quotations marked (NKJV) are taken form the New King James Version. Copyright © 1982 by Thomas Nelson, Inc. Used by permission. All rights reserved. Please note that Destiny Image’s publishing style capitalizes certain pronouns in Scripture that refer to the Father, Son, and Holy Spirit, and may differ from some publishers’ styles. Take note that the name satan and related names are not capitalized. We choose not to acknowledge him, even to the point of violating grammatical rules. Cover photography by Andy Adderley, Creative Photography, Nassau, Bahamas Destiny Image® Publishers, Inc. P.O. Box 310 Shippensburg, PA 17257-0310 “Speaking to the Purposes of God for this Generation and for the Generations to Come. ” Bahamas Faith Ministry...

Words: 61966 - Pages: 248