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British Constitution

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The British constitution is becoming increasingly codified. Discuss. (25 marks)

The British constitution as it stands is currently an uncodified constitution, this means that the basis of the UK consititution is drawn from a number of several different cources, some of which are written and some of which that are not,for example the main sources of the British constitution are: major consititutional documents, works of authority, conventions, statute law, European law, and common law. There is no one singular written constitution. This would be a codified constitution where all of the laws and rules of authority are written in one unified document, this form of constitution is, for example, within use in the USA. Although the British constitution is an uncodified one presently, it can be argued that it is becoming increasingly codified for several reasons.

One of these reasons is due to the effects of our membership as a country in the EU, as of 1973. One of the effects that took place in UK politics after joining the EU was the introduction of the 1998 Human Rights Act. This would enshrine the already present convention within UK law, but would also effectively replace much of the common law within respect to various freedoms for the countries population, (for example the freedom from arrest without trial, which would later result in tension over terrorism and attempted terrorism, and the freesom of speech assembly). The introduction of the Human Rights Act in the UK increased the overall political role of the judges due to how they could now declare acts of parliament or decisions of ministers to be incompatible with the Human Rights Act. This also concequently has cause te devolution of legislation, therefore limiting the legal powers that Westminster possesses, where parliament before had been a purely sovereign parliament this therefore established a...

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