Skip to document
Welcome to StudocuSign in to access the best study resources
Guest user
0followers
Upload
HomeMy LibraryAsk AI
  • You don't have any recent items yet.
My Library
  • You don't have any modules yet.
  • You don't have any books yet.
  • You don't have any Studylists yet.

The so-called ‘Unwritten Constitution’ is a key concept in the UK. Examine this concept and explain the possible advantages and disadvantages of such a constitution

The so-called ‘Unwritten Constitution’ is a key concept in the UK. Exa...
Module

Public Law 

209 Documents
Students shared 209 documents in this course
Academic year: 2019/2020
Uploaded by:
FF
F. F.
Middlesex University London
0followers
17Uploads
20upvotes

Recommended for you

Comments

Please sign in or register to post comments.

Students also viewed

Related documents

Preview text

Feryal Fekri

The so-called ‘Unwritten Constitution’ is a key concept in the UK.

Examine this concept and explain the possible advantages and disadvantages of such a constitution.

As Barnett says: “A constitution is a set of rules which govern the organization.” Constitution has three key elements which are referred to in Hood Philips and Jackson’s definition of constitution: “A constitution is a system of law, custom, and conventions which define the composition and the powers of organs in the state and regulates the relationship between each various organ to one another and to the public citizen.” Constitutions in simple words establish how the country is run. Constitution comes into two forms: written and unwritten. A written constitution is where all the laws are collated into one single or a set of documents. Most countries have adopted a written constitution such as the USA and almost every other country. On the other hand, only three countries exist with a unwritten constitution; The UK, Israel, and New Zealand. In unwritten, the laws are not collated in one single or a set of documents. The UK’s constitution is based on its sources which are: Common Law, Statue Law, Royal Prerogative, EU Law, International Law, Constitutional Conventions. Nonetheless, there are disadvantage and advantages to keeping an unwritten constitution and this essay will examine those advantages and disadvantages.

Most written constitutions are normally adopted after a fundamental break with the previous regime and they represent a new fresh start for the country such as the revolution in French in 1789, Germany defeating in war in 1919, Nigeria gaining its independence from a colonial rule in 1951. It is often argued that UK did not have any major break in its governance so there has never been a need to switch to written constitution. As quoted by William Hague “there is no need for a written constitution as we already have internal stability, and Britain has been well served by its unwritten constitution.”

  1. Advantage: The first advantage is in relation to flexibility. By having no written constitution, it allows a degree of flexibility, which unlike the American Constitution is not limiting due to its rigidity. This is particularly advantageous in keeping the constitution up to date in the case of cultural morality of the public. Amending or repealing laws is not complicated and all it takes is an Act passed by Parliament. Barnett describes the UK constitution as “the height of flexibility.” Flexibility itself comes with two advantages for the UK constitution. First Parliament can meet the needs of the current society by passing an Act such as the Marriage (same-sex couples) Act 2013 indicates that the law is up to date. Secondly, as there is no entrenchment, Parliament can respond to dangerous situations quicker and easier such as the Firearm (Amendment) Act

1988 and 1997. In the case of a written constitution, it does not have the ability to change as freely. It should be highlighted that the American Constitutions has only been altered 26 times.

  1. Disadvantage: Flexibility could also be a big disadvantage for an unwritten constitution. By being flexible and letting Parliament amend laws easily, one cannot be sure that Parliament does not pass strange Acts which could possibly abolish civil rights such as The Anti- Terrorism Act 2001. Parliament supremacy states that Parliament is unlimited. According to Dicey Parliament Supremacy comes with an advantage and disadvantage itself. The advantage being that Parliament can pass any law whatever but the disadvantage is the incapacity of any other person or body to override an Act of Parliament. However, this disadvantage in most cases will not be valid since Parliament is limited to EU Law and political pressure. In theory, Parliament would not pass an Act which is not what the people want or if it will abolish civil rights such as The Anti-Terrorism Act 2001 being replaced with the 2005. In DR. Bonham’s case (1610) Chief Justice Coke asserted that “When an Act of Parliament is against common right and reason or repugnant or impossible to be performed, the common law will control it and adjudge such Act to be void.”

  2. Advantage: Another big advantage is that changes to the constitution can be made easily. Example would be Scottish Independence Referendum.

  3. Disadvantage:

On the other hand, these changes to the constitutions are usually done without public debate or discussion. The public may be confused about what rights they have or what laws have changed without them knowing as in an unwritten constitution the rights and laws are not clearly laid out. A recent example of public confusion would be if people are allowed to wear burkas to school in the UK. But the people can always refer to European Convention on Human Rights or other sources of UK constitution to know about their rights.

On the whole, it seems as if the advantages outweigh the disadvantages for Britain having an non-codified constitution, as with this system, Parliament has more power to pass through laws and make needed policies without restriction, such as in 2008 with the Northern Rock banking crisis.

Was this document helpful?

The so-called ‘Unwritten Constitution’ is a key concept in the UK. Examine this concept and explain the possible advantages and disadvantages of such a constitution

Module: Public Law 

209 Documents
Students shared 209 documents in this course

University: Middlesex University London

Was this document helpful?
Feryal Fekri
The so-called ‘Unwritten Constitution’ is a key concept in the UK.
Examine this concept and explain the possible advantages and disadvantages of such a
constitution.
As Barnett says: “A constitution is a set of rules which govern the organization.”
Constitution has three key elements which are referred to in Hood Philips and Jackson’s
definition of constitution: “A constitution is a system of law, custom, and conventions
which define the composition and the powers of organs in the state and regulates the
relationship between each various organ to one another and to the public citizen.”
Constitutions in simple words establish how the country is run. Constitution comes into
two forms: written and unwritten. A written constitution is where all the laws are collated
into one single or a set of documents. Most countries have adopted a written constitution
such as the USA and almost every other country. On the other hand, only three countries
exist with a unwritten constitution; The UK, Israel, and New Zealand. In unwritten, the
laws are not collated in one single or a set of documents. The UK’s constitution is based
on its sources which are: Common Law, Statue Law, Royal Prerogative, EU Law,
International Law, Constitutional Conventions. Nonetheless, there are disadvantage and
advantages to keeping an unwritten constitution and this essay will examine those
advantages and disadvantages.
Most written constitutions are normally adopted after a fundamental break with the
previous regime and they represent a new fresh start for the country such as the
revolution in French in 1789, Germany defeating in war in 1919, Nigeria gaining its
independence from a colonial rule in 1951. It is often argued that UK did not have any
major break in its governance so there has never been a need to switch to written
constitution. As quoted by William Hague “there is no need for a written constitution as
we already have internal stability, and Britain has been well served by its unwritten
constitution.”
1. Advantage:
The first advantage is in relation to flexibility. By having no written constitution, it
allows a degree of flexibility, which unlike the American Constitution is not limiting
due to its rigidity. This is particularly advantageous in keeping the constitution up to
date in the case of cultural morality of the public. Amending or repealing laws is not
complicated and all it takes is an Act passed by Parliament. Barnett describes the UK
constitution as “the height of flexibility.” Flexibility itself comes with two advantages
for the UK constitution. First Parliament can meet the needs of the current society by
passing an Act such as the Marriage (same-sex couples) Act 2013.This indicates that
the law is up to date. Secondly, as there is no entrenchment, Parliament can respond
to dangerous situations quicker and easier such as the Firearm (Amendment) Act

Students also viewed

Related documents