Codified & Uncodified

Learning Objectives

• To examine the advantages and disadvantages of codified constitutions

• To debate whether the UK should adopt a written constitution

Traffic Light Question Challenge

Define;a) A codified constitutionb) An uncodified constitution

Give an example of;a) A codified constitution (not USA)b) An uncodified constitution (not UK)

How many countries in the world have a codified constitution?

ROOKIE

NOVICE

EXPERT

Codified Constitution

DEFINITIONA codified constitution is a constitution in which key constitutional provisions are collected within a single document, it is commonly known as a written constitution.EXAMPLESAfghanistan, Australia, France, Germany, India, Ireland, North Korea, Russia, South Africa, USA, Vietnam

Uncodified Constitution

DEFINITIONAn uncodified constitution is a constitution that is made up of rules that are found in a variety of sources, in the absence of a single legal document or written constitution.EXAMPLESIsrael, New Zealand, Saudi Arabia, UK, Canada, San Marino

Codified and Uncodified Constitutions

1. AuthoritativeThe constitution is a ‘higher law’. The constitution binds all political institutions, including those that make ordinary law.

2. EntrenchedThis means that it is difficult to amend or abolish.

3. JudiciableBecause the constitution is a ‘higher law’, the judiciary can declare whether a law or action is constitutional or unconstitutional.

Codified Constitutions

Codified and Uncodified Constitutions

1. Not authoritativeConstitutional laws enjoy the same status as ordinary laws.

2. Not entrenchedThe constitutions can be changed through the normal processes for enacting statue law.

3. Not JudiciableIn the absence of a higher law, judges do not have a legal standard against which they can declare things constitutional or unconstitutional.

Uncodified Constitutions

Advantages and Disadvantages

• Read p186-189 (Essentials of UK Politics)• Make a list of Advantages and Disadvantages of a Codified

Constitution and an Uncodified Constitution

Codified Constitution Uncodified Constitution

Codified Constitution

Advantages• Clear Rules• Limited Government• Neutral interpretation• Protecting rights• Education and

citizenship

Disadvantages• Rigidity• Judicial tyranny• Legalistic• Political bias• Unnecessary

Let’s DebateTHE MOTION:

This House would adopt a written constitution for the UK.

(British Parliamentary Style Debating)

PROPOSITION OPPOSITION1st Speaker2nd Speaker3rd Speaker4th Speaker

30 seconds – 1 minute – 30 seconds = 2 minutes total

YES! The UK should adopt a written constitution. Nowhere can easily be seen as from so many sources. Would remove uncertainty about specific roles e.g. of the monarch. Some say it is outdated, inefficient and undemocratic with most conventions dating

back to a pre-modern era. The House of Lords reflects a pre-democratic era with the idea of hereditary power.

Tendency for executive dominance (power of executive). E.g. Blair removed session of question time, changed electoral system and composition of Lords. A constitution would constrain their power.

No separation of powers – executive exercises great control over legislative process and local/subnational government.

Would protect the independence of the judiciary. Would provide up-to-date statement of rights of people which is more relevant that

European Convention. Key laws would be entrenched (i.e firmly established and difficult to amend) Would be easier for the courts to interpret what is lawful behaviour and uphold the

constitution. At the moment judicial review is limited as no definitive criteria for determining what is unconstitutional.

Would set out clearer values and structure of the political system. Would prevent any constitutional crises (e.g. over hung parliament in 2010 where

no single part had an overall majority).

NO! The UK should not adopt a written constitution. Traditional constitution known as the ‘Westminster model’ – claims this is how it is

supposed to operate. System has worked well for several hundred years and has provided liberty and

stability. Reflects the history and enduring values of the British people Provides for strong and effective government. Includes doctrine of parliamentary

sovereignty with power centralised in cabinet. There is no widespread demand for or interest in change. Flexibility allows adjustments to meet new demands when required i.e. ‘new wine

in old bottles’. Peoples rights have been protected and a written constitution does not guarantee

these rights (e.g. in US, Zimbabwe and Russia). Would be hard to devise a constitution which pleases everyone.

Homework