Explain Why The Uk Does Not Have A Codified Constitution

A constitution provides a framework of principles, according to which a society must function. By describing the functions of different departments of the government and limiting the extent to which elected officials can exercise their powers, a constitution is superior to all other laws and governing bodies. The absence of a written constitution in the United Kingdom (UK) has sparked ample debate in the last few years. “It is suggested that the lack of a critical moment at some point in history provided by military defeat, colonial independence or revolution, helps explain why the UK does not have a codified constitution” (Blick, 2011). With the changing dynamics of the country, such as the decision to leave the European Union (EU), scholars feel it is imperative, more than ever, that Britain codifies its constitution. Britain’s constitution exists in written form and can be found in the form of statutes such as The Bill of Rights 1689, The Reform Act 1832, The Parliament Acts 1911 and

Since Britain’s constitution is not codified, there is still confusion about how the UK would go about this massive change. The Act of Parliament “which had granted permission for the referendum, made no provision for what would occur should the country vote to leave,” and how to enact the Article 50 of the Treaty on European Union (Mackie). While other members of the EU have codified constitutions that explicitly state how to go about withdrawing from the EU, UK’s uncodified constitution “has no obvious ‘constitutional requirements,’ as referred to in article 50(1)” (Mackie). The Brexit vote caused massive confusion in the UK as no one in the government knew who held the authority to invoke Article 50. This uncertainty, caused at a time when the UK needed well-constructed guidelines the most, has furthered the argument for a codified