Tuesday, March 12, 2013

British Constitution

Should Britain stand a written, codified constitution?

The main arguments for a written and codified constitution:

~ Parliament is onlinely unbuttoned:

It can make or unmake any law.

It cannot be checked by any other branch of the system

Its life-threatening workload can mean poor laws argon passed

The unitary system can mean the creation of laws that are impertinent to regions of the UK

~ The independence of the Judiciary would be protected

~ Basic rights of citizens are determine and guaranteed

~ There will be less constitutional crises as there will not be confusion as to what is unconstitutional behaviour

~ A large parliamentary majority means the command of the legislature by the executive. An elective dictatorship

~ The first sometime(prenominal) the post system creates an exaggerated mandate for the largest party, which is unlikely to have over 50% of the votes (this has not happened since 1945)

~ Without a Bill of Rights, it is Parliaments indebtedness to preserve liberties. save these can be removed at any time by Parliament (e.g. Internment, the Prevention of terrorism Act).

The main arguments against a written and codified constitution:

~ If it aint broke, dont ensnare it.

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The British constitution has served us well over the centuries, so why pitch the system now. After all, if it needs to change in future then it can continue to evolve.

~ The current system provides strong and effective government. There is accountability and overbearing authority.

~ Judicial issues. A written constitution has to be comparatively vague to allow it to evolve as society evolves. However this means it will be constantly open to legal interpretation. This is a problem for a number of reasons:

settle are unelected but would be able to overrule an elected Parliament

Judges are unaccountable and do not have to say to Parliament or the public

Judges are unrepresentative of the public, as such they are unlikely to represent minority groups...If you indispensability to get a full essay, order it on our website: Orderessay



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