Utilizing a codified constitution would inevitably lead to the loss of flexibility which is associated with uncodified constitutions.4 Codified constitutions entail a very rigid structure as amending a codified constitution is a much harder task to undertake than amending an uncodified constitution; the main reason behind this is that higher law, which is present in a codified constitution, is much more difficult to change than statute law, which is utilized in an uncodified constitution.5 As the constitution of the United Kingdom is currently uncodified, it is easy for amendments to be made, as there are no specific rules which must be adhered to when making changes to the constitution.6 This however, is not the case when one looks at codified constitutions, as there are many rules stating who can make amendments to the constitution and under what clauses.
In addition to losing the flexibility that an uncodified constitution offers, the reform would also transform the constitution into a highly legalistic document; which would therefore only be understandable by lawyers, judges and other legal scholars. However, when one considers the purpose of a constitution it is clear to see that this would render the constitution futile; if the citizens of the United Kingdom cannot understand their rights and responsibilities as laid out in the constitution, it is clear that the constitution has failed to meet the expectations of the citizens. The aim of the constitution is to provide easy access to people’s rights, but if that person has to pay for professional legal services in order to be able to understand their rights then the constitution has failed to meet its aim. It would therefore be a useless document as it does not serve the people who are reliant on it.
It is therefore irrefutable that a constitutional reform is not required in the case of the United Kingdom. The present system of using an uncodified constitution works well, and provides the United Kingdom with one of the most flexible constitutions in modern society, proving that a constitutional reform is unnecessary. One must understand that the purpose of the constitution is to provide citizens with a way of knowing and understanding their rights, and due to the legalistic character of a codified constitution the majority of citizens would be completely unsure of their rights without obtaining professional legal assistance. Whether a constitution is codified or uncodified it will always contain the basic principles which are needed within a society, however national needs are complex and diverse, meaning that it is not always feasible to consolidate them into one central document.7
<br> Sources:
1UK Politics: Talking Politics, The evolving British constitution,
3Dr. Andrew Blick, Codifying – or not codifying – the UK constitution: A Literature Review, Centre for Political and Constitutional Studies King’s College London, Published February 2011, Accessed on 13th November 2011, P.3.
4[ibid]
5 Andrew Heywood, What Is A Constitution?, P.2.
7 Dorothy Skinner, Key principles of the British unwritten constitution, http://www.helium.com/items/1183665-key-principles-of-the-british-unwritten-constitution?page=2, Accessed on 13th November 2011
0 comments:
Post a Comment