Huzaifa Muqadam Denning Law School Public Law Codification of UK Constitution Sample Question ‘Although the case for reforming particular aspects of the United Kingdom constitution is strong, the radical reform that would be signalled by the adoption of a codified constitution is both unnecessary and unjustifiable.’ Discuss. Introduction - UK is one of the very few modern countries which have not yet adopted a codified Constitution The UK constitution is a unique blend of residual monarchical elements as well as republican elements The debate of codification is long standing in UK, however, it does not have a very clear answer. Connecting Statement Concept of Constitutionalism – Modern Constitutions - Rule of law (few lines explaining its importance) Separation of powers (few lines explaining its importance) Accountability (few lines explaining its importance) Protection of Human Rights (few lines explaining its importance) UK Constitutional Structure - Constitution is a product of historical events and incidents, each of it contributing towards the development of certain element of the constitution Variety of sources – legal sources as well as non-legal sources (importance of conventions) From monarchical supremacy to PS How UK achieves Constitutionalism - How RoL is achieved How SOP is achieved How Accountability is achieved How HR protection is achieved Room for reform - Better protection of HR? Huzaifa Muqadam Denning Law School Public Law - Limiting RPs / Abolishing monarchy? Codification of IMR + CMR? Move towards a Codified Constitution - Why UK should move towards CC o Clarity + Certainty o Rigidity (Constitutional principles cannot be changed at the whim of the elected government. For example, the current government is considering to repeal FTPA 2011) o League of modern countries o Strong HR Protection - Why it should not move towards CC o Flexibility of UK Constitution will be lost o PS will be lost o Monarchy will be abolished (symbolic monarchy has a lot of sentimental value) o Already achieving all aims of constitutionalism o HR protection is already there o CC is a result of revolution. UK has not experienced any revolution. Conclusion Your opinion Major part of the UK Constitution is already written in Constitutional statutes. The UK Constitution has certain level of certainty and rigidity, which is evident from the fact that various conventions have developed showing limitation to PS. A move towards entrenched constitution, is hence not necessary.
