The Pros And Cons Of An Unwritten Constitution In The Uk
The Advantages and Disadvantages of an Unwritten Constitution in the UK
The UK has an unwritten constitution unlike the U.S.A. Instead
Britain's laws, policies and codes are developed through statutes,
common law, convention and more recently E.U law. It is misleading to
call the British constitution unwritten; a more precise form of
classification would be un-codified. This means that the British
constitution has no single document, which states principles and rules
of a state. However, The British constitution clearly sets out how
political power is allocated and where it is legally located. The
British constitution is still visible and it defines composition and
powers of the main offices and institutions of the state.
Fundamentally it 'regulates the relationships between the state and
the citizen.' Bill Coxhall, 1998)
Britain can be distinguished between those countries which incorporate
their major constitutional rules into a single document. Britain is
one of few countries which do not have a codified constitution.
The advantage of not having written or codified is that laws and
policies are evolutionary and can be easily amended. An example of
this is the in-corporation of E.U laws into UK laws. Since parliament
passed the European communities Act in 1972 Britain has accepted the
superiority of European law. The House of Lords has judged certain
English laws to be unlawful in light of EU legislation.
Another advantage of an unwritten or un codified constitution is that
it is evolutionary because it develops with historical changes. An
example of this is when parliament in the UK took total sovereignty
away from the monarchy in 1867. Changes to the British constitution
reflect a changing balance of power. The constitution is important
even though it is not written form because it formed the basis of the
separation of power that we now have, for example between the Lords
and the Commons. This also shows the flexibility of the constitution.
An advantage of the UK constitution is that it takes into account of
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Assess the strengths of the UK constitution (25 marks) Essay
967 WordsApr 9th, 20144 Pages
There are various strengths of the UK constitution; these include the fact that the constitution is flexible, it protects the rights of citizens and finally it gives power to the executive. The UK and its constitution, in my opinion, is a very strong unit, this being shown through the points listed above and consequently explained below.
One strength of the UK constitution is the flexibility that it has, for the reason that the constitution is uncodified or unwritten and is therefore not entrenched in law. Due to the fact that the UK’s constitution is uncodified or unwritten, it has an opportunity to modernise itself to the ever changing society or any other new circumstances that may arise. An example of the flexibility of the UK’s…show more content…
An example of this type of protection, or where protection has not been maintained is the Leveson inquiry. On the 13th July 2011, David Cameron announced that he would, with the help of the courts, be launching a two-part investigation into the role of the press and police in the phone-hacking scandal. The main victims of the phone-hacking were celebrities; the HRA applies to all citizens not just regular citizens. Because of the fact that these people are celebrities, doesn’t give journalists the right to invade their privacy. This is one of the main reasons as to why the government seems to, more often than not be infringing on peoples’ privacy. Taking on board that this is an accurate statement; it is more often than not, organisations that have a link with the government, or certain politicians, rather than the actual government themselves. Therefore, it is clear that, to some extent the government does try to protect the privacy of the citizens of the UK as best it can, however people can sometimes get past this barrier and can therefore infringe on a person’s privacy.
A final strength of the UK constitution is fact that it gives power to the Executive. The UK constitution gives power to the executive as it gives them the responsibility to implement laws and