should the UK introduce a codified constitution

Cards (5)

  • Executive power
    • YES - may prevent excessive executive power, enhances the authority of SC to declare acts of government unconstitutional
    • NO - a lack of constitutionalism allows executive government to be strong and effective
  • Flexibility/structure
    • YES - would clarify the nature of the political system
    • NO - uncodifed + unentrenched means it is easily adaptable e.g. post 9/11 anti-terrorism measures were quickly put into place
  • Rights
    • YES - would entrench and protect rights, Parliament is sovereign and can easily bypass HRA rulings e.g. 2023 Sunak over Rwanda
    • NO - rights well protected by HRA and FOI e.g. 2010 Private Smith case
  • Judiciary
    • YES - would help them protect rights, judges already in the political arena e.g. 2016 Gina Miller case
    • NO - would give too much power to an unelected and unaccountable body, and allow them into the political arena
  • Necessity
    • YES - would bring the UK in line with other democracies
    • NO - Conservatives employ pragmatism ie the UK has enjoyed stable political success already, and it would be difficult to translate the UK legal system into a written constitution