Should the UK codify its Constitution? Lydia Cumley
To codify our constitution would mean all of the laws integral to British society (notably laws which affect citizens’ rights and the distribution and limitation of power) would be collated into one authoritative document. Whilst codified constitutions are in place in many countries like France and America, there are debates on whether or not codifying our constitution is the right decision for the UK.
There are many reasons the UK may want to codify their constitution: to aid clarity; to limit the power of the government; to gain a neutral interpretation of our laws; to protect our rights; and to help the people’s political education.
For some, the ability to be able to learn and understand what is in our constitution is very important. However, due to the fact our constitution is found through Statute law, Judicial law, conventions, works of constitutional authority and EU laws and treaties it would become a very arduous task to fully understand what is part of our constitution. Consequently, many believe that if we codified our constitution it would provide clarity for the public as many think it is important to understand our rights. For example, it is very easy in America to buy a small handbook containing the entirety of their constitution, making it very easy for them to be able to understand their constitution
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For example, a major source of the UK constitution is the Human Rights Act of 1998. Although this statute law went a long way in protecting our rights, many of the laws passed in the Human Rights Act of often up to judicial interpretation, arguable meaning parts of our laws are decided by unelected bodies. On the other hand, if the HRA act was part of a codified constitution, it would make them harder to change, eradicating the need of judicial interpretation of