In My Opinion, Should the UK Adopt a Codified Constitution?

Should the United Kingdom of Great Britain and Northern Ireland adopt a Codified Constitution?

The UK stands out in the political world for a wide array of reasons, it may be due to its vibrant historical past or the continued survival of the monarchy (be it with reduced powers), or perhaps for its unique constitution. The UK has an un-codified constitution, whereas the United States has a codified one, this means that deep down on a constitutional level there are a great number of differences between the two. With a codified constitution being the most common form of constitution in the modern world, however does this specifically mean that its a more effective form of constitution ? If so, should the UK put measures in place in order to adopt a codified constitution? 

To begin with lets look at the perks of having our constitution remain unchanged, the constitution of the UK is un-codified, this means that the constitution is not with held in a single document, in our case the constitution is dispersed in a variety of ways, including statues and agreements. Additionally the UK's constitution is not written down, this differs from the constitution of the United States, their prized constitution is written and contained with in a single document, this was signed upon the formation of the US after the war of independence and the actual document itself is housed in the National Archives. One major pro to having a codified constitution is that is not entrenched, instead the UK's constitution changes and evolves with the times in order to suit modern issues in the most effective way possible. Furthermore the lack of entrenchment cuts short the time taken to adjust a constitution, leading on from this the British constitution is said to be flexible. The term flexible means that the constitution can be amended via  an ordinary process of legislation, this makes it incredibly easy to make changes to the constitution.

Now let's examine the positives of changing our constitution to a codified document. Firstly, a codified constitution comes with something called 'entrenchment' , this feature can be pictured as a sort of non-literal trench , it has the key goal of stopping a government from making short term amendments. For example entrenchment could stop a government from suddenly removing people's Human Rights in order to then discriminate against then or a minority, or stop the government from giving themselves excessive powers. A codified constitution also allows all key constitutional provisions to be collected together within a single document , this makes it easier to examine current clauses or articles of a constitution. Finally, a codified constitution would make itself judicial, this means that important constitutional changes are scrutinised heavily by judges , this way it's ensured that changes are only made with the intent to protect the people and the nation. Although this can occur in an un-codified constitution it's much harder to do and so forth.

With all the evidence examined , I personally think that the UK should not change its constitution to a codified one. One main reason for this is the idea that the British constitution evolves and changes with the times , there it ensures that the constitution is at its most modern and effective 24/7, furthermore this would mean that when it comes to issues regarding racism and homophobia the British constitution would have already adapted in such a way as to immediately over come the modern challenges (would allow gay marriage and would charge those who promote racism). Secondly its key to keep our constitution un-codified as it allows it to be flexible , this is an important feature as it speeds up the time taken to adapt and implement new laws , to reflect social change through the ages. Overall it's important that our un-codified constitution remains unchanged , it has proven time and time again to be the most efficient way of governing our society , it's flexibility and stability has assured that it's a key asset in the British political world.

What is a Constitution and why is it important?

The Importance of a Constitution

Constitutions are famed in the political world for being the key to safeguarding the rights and freedoms of the general populous. The most famous constitution is that of Americas, which includes some memorable amendments including: the right to keep and bear arms and the right to plead the fifth amendment (Right to say nothing when questioned). Every nation on the planet has a constitution of some kind, however each one is different in its own right, some are written, some are not and in certain cases the constitution is split amongst different documents. Many nations look to their constitutions in order to point out the limitations the government has, after all a constitution is set out to reveal how limited the governments power is over the people.

To begin with lets look at what a constitution actually is. In the simplest terms possible, a constitution is a set of rules that govern a country. These rules aim to: protect the peoples civil liberties, protect the people from the government and in turn these protect against an autocracy or dictator. A constitution also organises the distribution of power within a political system, for example in the UK this was achieved via 'devolution', this was where power had once been centralised in Westminster, however after much debate power was dispersed with Scotland getting its own Parliament, whilst Northern Ireland and Wales gained their own assemblies. The reason as to why various states adopt constitutions is simple 'We cannot trust the government, or anyone that has power over us'. If a nation lacked a constitution there would not be a barrier , meaning the government could do as it wished without limitation. For example people could be scrapped of their freedoms and rights.

The constitution is different to that of other countries for a variety of reasons. To begin with the basis of the UK's constitution comes from the Magna Carta which was created in 1215, this was created because the people , tired of paying excessive taxes, demanded that the King must abide by the laws of the land and people were given rights against the wishes of the King, therefore reducing the powers of the Monarchs. The Magna Carta is still of use today as certain clauses still remain in use. The UK's constitution is different in the sense that it is unwritten and not codified, this means the constitution is divided between various documents, treaties and  statutes. Its also not written down unlike the American constitution that was written down and signed in 1787, this constitution was written down in a single document and outlines the rights of the people in this way. The majority of nations have a codified constitution, these include the USA, Mongolia, France etc. Yet only 5 nations lack a codified constitution these are: the UK, Israel, New Zealand, Saudi Arabia and Canada.  

Overall why is it important to have a constitution? Well constitutions are essential for any democracy for a wide array of reasons, as previously mentioned they can prevent the rise of autocratic leaders (dictators) by limiting the governments power and ensuring that the rights of the people are protected. As often seen through history, excessive power often leads to corruption, therefore its essential for a constitution to be put in place as it prevents serious corruption and mis-use of power, for example a government cannot just come into power and immediately abuse a minority without breaking the constitution. So it can be said, that in general a constitution is important for the people as it shields them from the powers of government.