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Asked by Ihsan

What are the advantages and disadvantages of having a UK codified constitution?

Advantages : - it would be considered ‘entrenched’, meaning that that it would be more difficult to change, which is a plus in some situations. - it is authoritative, meaning that parliamentary sovereignty would be high, which is what UK parliament particularly want to achieve - limited government - protection of rights - clear rules for political procedure Disadvantages : - British constitution has more flexibility - difficulty to transfer into a written form - would bring unelected judiciary into areas - difficult to change can be bad in some cases

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Saffron Law
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Advantages: Codified constitutions tend to be more difficult to amend and therefore better protect individual rights. Currently, British constitution allows constitutional amendment by simple majority in Parliament. Codified constitutions make rights and powers clearer for citizens and legislators. The British constitution is complex and not designed we now have many layers of government on a national and devolved level and dependence on conventions. This can lead to instability and confusion - see the Brexit process. Disadvantages: The British constitution allows for flexibility. It can be amended easily to reflect changing social values or to deal with crises such as civil disorder or war. Historically, Britain has also enjoyed a comparatively high degree of individual freedoms without a rigid constitution. The uncodified constitution is perhaps more democratic. Who would determine an entrenched codified constitution? How would be passed? Our constitution is based on parliamentary sovereignty which ultimately is based on the democratic will of the people as expressed via elections.

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Michael Comba
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