Look no further; our company offers high quality custom-made papers, written by professionals in different fields at affordable prices. Additionally the codified constitution would provide judges and bureaucrats with more power when scrutinising legislature even though they have not been democratically elected, therefore power is rightly centralised to the executive, helping to establish a strong government.
Instead it consists of some written documents such as statues, court judgements and treaties but also conventions. Its adversary is an uncodified constitution, where rules, laws and principles are not in one authoritative document, but are found in a variety of sources which may be written or unwritten.
Nevertheless one can argue that uncodified constitutions result in stronger government because the doctrine of parliamentary sovereignty creates supreme authority within the political system.
To conclude, I disagree that the advantages of a codified constitution outweigh the disadvantages as a constitution should be allowed to evolve by itself and over time with the times, not just be rigid and inadaptable as in a codified constitution.
Under entrenchment, there is a separation of powers which restricts the amount of power one specific political party has and the damage it can do the constitution whilst in power. Legislation that is unlimited The legislative government branch has the power to define and make laws which govern intricate workings in a society.
Are you struggling to write your Assignment. Unclear power division Codified constitutions are known to define and establish powers of every government branch. This, in the eyes of cynics at east, feeds into the argument of codification as had the Human Rights Act been binding on parliamentary legislation, it may have represented a major check on governmental power.
Though there are advantages to an uncodified constitution, there are also disadvantages such as no limitations on legislative bodies, unclear guidelines on devolution and division of government power.
This of course brings together the previous topic of adaptability in regards to Human Rights, making one wonder whether there would ever be minimal adaptation to Human Rights through common law or any issue in the constitution for that matter.
If this is the case, then it is known as an uncodified constitution. Therefore codified constitutions create weaker governments who are less likely to make natural changes as they may fall foul of the fixed constitution. Because an uncodified constitution is unlimited, this also means it might levy tax amounts that are inappropriate or even send its soldiers to war devoid of support from the people.
Ultimately though whilst a plausible argument is created in favor of the statement that the advantages of a codified constitution now outweigh the disadvantages is created, it must not be overlooked that there would undoubtedly be a potentially damaging transitional period, and this coupled with the fact that so many of the arguments in favor of a codified constitution seem mainly plausible in theory as opposed to practice equally re-affirms the idea that the advantages of a codified constitution as of now at least do not outweigh those of the current system.
If they disagree with any laws on the codified constitution, they can challenge government by either lobbying or even establishing pressure groups which would strengthen the democracy.
Uncodified constitution on the other hand does not have any limitations hence government branches enjoy uncontrolled growth and power.
On the other hand, a disadvantage of a codified constitution is that they are inflexible to change which can lead to radical actions against the government and even political inequalities such as the Civil Rights Movement.
Devolution The argument on the advantages of uncodified constitution is flexibility. Whereas the USA has a codified constitution and is in a constant state of gridlock and chaos as checks and balances and separation of powers can be overridden and prevent necessary enforcement of acts such as the Civil Rights Movement in the s.
Also, the checks and balances on the government can be too strong and too severe which can lead to gridlock of the government such as the US Congress. Alternatively some argue that the executive has too much power which threatens individual rights. The creation of a codified constitution potentially entails the entrenchment of The Human Rights Act to protect the rights of citizens within the UK.
The executive can exercise significant control over the legislative process in the House of Commons. A final point in regards to this issue would be where the creation of a codified constitution would leave Common Law.
Under entrenchment, there is a separation of powers which restricts the amount of power one specific political party has and the damage it can do the constitution whilst in power. We will write a custom essay sample on Law and Constitution or any similar topic specifically for you Do Not Waste HIRE WRITER A codified constitution is a constitution made up of a set of laws that an individual or set of people have made and agreed upon for governmental use and is most importantly documented in a single place.
However, what must be said is that however weak cynics may sight the Human Rights Act and view codification as some form of panacea, there are a few cases of practical evidence to show otherwise with the anti-terrorism legislation of a primary example which contradicts claims that the Act is weak, this, despite the fact that the issue of Human rights in relation to the creation of a codified constitution and its advantages does on the whole seem a credible one.
Recent events such as the Newtown shooting demonstrated the necessity for alterations.
The Advantages of a codified constitution now outweigh its disadvantages In this essay I plan to go against a codified constitution as I believe that our current constitution is fine they way it stands.
Essay about The Arguments For and Against a Codified Constitution Words | 5 Pages. Arguments For and Against a Codified Constitution A constitution is a set of rules that seek to establish the duties, powers and functions of the various institutions of government, regulate the relationships between them, and define the relationship between the state and the individual.
The official definition of a codified constitution is one in which key constitutional provisions are provided for within a single written document. There are three key principles of a codified constitution.
As with any government model there are clear advantages and disadvantages. With a codified. ‘The advantages of a codified constitution now outweigh its disadvantages.’ Discuss (40) A codified constitution is a single document that sets out the laws, rules and principles on a how a state is to be governed, and the rights of the citizens; these are collected in one authoritative document.
Disadvantages of Uncodified Constitution. Constitutions are supposed to legally codify the responsibilities of a government to its people. They also highlight the rights of.
The unwritten constitution has worked for the UK and even though minor changes are inevitable, it remains more practical than the codified constitution.
Summary Constitutions are responsible for defining and regulating state institutions, which guide the state’s relationship with individual citizens.The advantages of a codified constitution essay