British constitution - strengths and weaknesses

• Strengths

  • Adaptability: perhaps the biggest strength is being uncodified. It allows it to he gradually changed as attitudes change
  • Example of this is the dunblane massacre in 1996 and the great reform act in 1832
• Strength

  • Strong government: due to the electoral system we get strong governments with clear majorities.
  • Because of parliamentary Sovereignty, the true power lies with the legislature. The gov has control of parliament via it's majority and party whips do they can implement the majority of their policies
  • Example of this is new labours gov in 1997 to 2010
• Strength

  • Accountability: The gov is accountable to parliament for its duration.
  • Given the supremacy of the HOL - representatives of the electorate parliament scrutinises gov actions through questions and committees.
  • The gov is accountable to the electorate, so if they act against the interests of the people, they will lose out on the polls
• Weaknesses

  • Outdated and undemocratic: Seen as historical baggage and it's only here because it always has been
  • The royal perogative gives the monarch a number of powers, although it's been restricted over time
  • The HOL is an unelected chamber with hereditary peers, bishops and those appointed by gov
• Weaknesses

  • Concentration of power: Power is vastly controlled by the PM through a party political system. This effectively gives the PM unlimited power with few restrictions
  • PM can also create legislation
  • Local governments have little constitutional status due to a lack of a codified constitution
• Weaknesses

  • Lack of clarity: Due to it's uncodified nature of the constitution, it's difficult to pinpoint where the government acted on.
  • Example: the gov tried to trigger article 50 without alerting parliament for the Brexit Process
  • Example: 2010 hung parliament where Gordon Brown remained in power and the government didn't know what to do
• Thoughts on this

  • The system has lasted so long because it's been the best way to govern
  • There's room for improvement but it should be limited
  • The system is outdated and needs significant and constant reform to stay relevant
• For a codified constitution

  • Provides clarity: a codified constitution would make it clear and what is and isn't constitutional
  • This makes it easier to scrutinise the government and allows for problems regarding them to be solved quickly
• For a codified constitution

  • Protection of rights: under a codified constitution the rights of the citizens would be enshrined
• For a codified constitution

  • Limiting power: by codifying the constitution, proper checks can be done to make sure the executive isn't abusing it's power.
  • Also local gov would have protection as they couldn't be removed
• Against a codified constitution

  • Rigidity a codified constitution would make it harder for it to be altered
  • This removes the flexibility of it which is a parliamentary Sovereignty.
  • A codified constitution represents the time they were written
• Against a codified constitution

  • Increasing judicial power: under a codified constitution, the judges can strike down gov legalisation since they have a source to pick from.
  • This means the judges can block any law and cannot be held accountable as they are unelected
• Against a codified constitution

  • Parliamentary Sovereignty: A codified constitution is incompatible with the doctrine if parliamentary Sovereignty as parliamentary Sovereignty holds power over all bodies
  • Also a codified constitution could be removed by a piece of legislation.
• Attempts of a codified constitution

  • There was hope that labour would do this building on their HOL in 1999 and the HRA in 1998 but they didn't
  • Both labour and the liberals put forward a codified constitution in the 2010 general election however the conservatives showed no interest