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Public Law V Bogdanor and S Vogenauer; Enacting a British Constitution: Some Problems’, 2008.

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Submitted By gaithri
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V Bogdanor and S Vogenauer; Enacting a British Constitution: some problems’, 2008.
One must understand that most of the countries now have a written and a codified Constitution, such as the United States of the America, Malaysia, India, Australia and etc. As we know these countries are under the British colonies before getting their independence. Hence now there are only three states in the world which lacks a written constitution, namely Britain, New Zealand, and Israel. A constitution is a set of rules which defines the structures and functions of a state, particularly, will define the principle of institutions, the legislature, the executive, judiciary and the nature and the scope of their powers. Moreover, Bradley and Ewing have defined a constitution as ‘ a document having special legal sanctity which sets out the framework and the principle functions of the organs of government within the state and declares the principles by which those organs must operate’. (A Bradley and K Ewing, Constitutional and Administrative Law (14th edn, Pearson/Longman, 2007), p.4) [1]In the introduction of a state’s constitution, there will be a discovery of a preamble, for example, in the USA the preamble states that: ‘We the ordain and establish this Constitution’. (Article 2 of the 1936 Soviet Constitution.)[2] This shows the society as a sovereign power. An important question that often rises is “Should Britain adopts a written constitution”? This has always been the topic of debate and thus very controversial. Many of Britain’s population believe that there is no important reason to form a written constitution when it has been working perfectly fine so far. Some believe that there is no much difference whether the documents are codified or not. The consequences are not huge. As long as the state is in a good shape and has a stable government, many...

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