Thursday, January 2, 2020

Defining Codification And Considering Its Relative Merits...

Discuss whether the idiosyncratic nature of the UK Constitution, from a wider European perspective, is a sufficiently powerful reason to pursue a codified Constitution for the United Kingdom. To codify or not to codify, that is the question, which this essay will address by defining codification and considering its relative merits and appropriate for UK legislation. Before exploring the tasks set, it is important to contextualize codification and a constitution through a definition. A constitution is a set of rules, set by the legislature that defines the powers and duties of the government and the relationship between the state and an individual.†¦show more content†¦An unwritten constitution can be changed in the same process for enacting statue law. The UK is one of three democratic states without a constitution. The other two are Israel and New Zealand. The uncodified nature of these constitutions can be said to be bizarre and some would say that this is a strength and others would argue that it is a weakness. If the UK were to codify its constitution, there would not be a clear precedent to follow, as a written constitution is not traditional. The British Government has been one of the most centralized in Europe. There are many arguments as to whether the UK should adopt a federal government. ‘Federalism’ is used to describe a government in which sovereignty is constitutionally divided (division of powers) amongst central and regional bodies rather than one legislative body, as in the UK. If the UK were to adopt federalism, this would create a balanced system so there would not be one particular level, which would be dominant and dictative. There are many arguments for and against a codified constitution for the UK. The strongest argument in favour of a written constitution is that in doing so, it would protect rights of an individual and the

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