UK codified Constitution?

Cards (4)

  • Codifying the constitution would clarify the law, making it more accessible to citizens. It would thereby reduce the role of the unelected Supreme Court, enhancing the democracy of British politics. However the opposite may also be said, following countries like the US where the constitution is sovereign, giving the Supreme Court quasi-legislative powers, further politicising them
  • Codifying the constitution would ensure a stronger protection of rights, embedded into the constitution. Statute law is the most protected rights can currently be, however it is a weak protection of rights as Parliament is sovereign, meaning laws like the HRA 1998 and Equality Act 2010 can be repealed should they wish. The ECHR does provide a double lock on rights currently, however the UK would be able to pull out, and this was considered by Rishi Sunak's government over the Rwanda Bill after the Supreme Court deemed it to be incompatible with the HRA and ECHR
  • Codifying the constitution would undermine the principle of Parliamentary sovereignty, and therefore put a lot of traditions and conventions into contention. It may end up that traditions and conventions may be lost when codifying the constitution, even if they may be considered necessary for Parliament to be able to function. Removing the Salisbury Convention would make legislative gridlock much worse, and there would be more Parliamentary ping pong
  • Several aspects to British politics would have to be reconsidered when codifying the constitution. Reforming the House of Lords would be one of these considerations due to growing criticisms of the composition of the upper chamber. Any decision made would lead to severe criticism, either from the Lords or the public. Having an appointed House would be considered incredibly undemocratic, and would require modernisation. Having an entirely elected House may end up being impractical, having two legitimate chambers, and may compromise the ability of the Lords to act without being influenced by party interests. It would significantly complicate the role of legislators trying to codify the constitution