Debate over codification

What is an example for codification?- checking the executive

A codified constitution would mean that parliament could better check and constrain the executive- be easier to hold representatives more to account

provide a clearer separation of powers

What is an example of how codification would check the executive

House of Lords become elected and therefore be given greater powers

• would reform the outdated and undemocratic version of the constitution

• However this could be done without codification

What is an argument for codification- public

Increase public participation because they can hold government accountable against the constitution

Would bring Britain into line with other western democracy’s

Argument for codification- current constitution

Current constitution is too easy to amend and an statue law can be repealed by parliament

Example- The fixed term parliament act was only passed for short term reasons just because of the coalition

Argument for codification- rights

It would better protect key rights as they would be entrenched

Would keep a government such as conservative threatening the human rights act

Arguments against codification- flexibility

Allowed British system to evolve and devolve and adapt when necessary

Makes it more democratic

Made devolution happen

things like making house of lords elected could be done without codification

Arguments against codification- emergencies

It has allowed the government to deal with emergencies

eg- dealing with security measures during 9/11

Better able to deal with Covid-19

an also preparing for the coalition

Arguments against codification- governments

Uncodified constitution produces a strong government that can carry out legislation and policy without facing high level of checks

Public knows they can make their legislation happen because it is uncodified- unlike us where it is very difficult to pass legislation

Argument against codification- judges

Would increase power of unelected and unrepresentative judges to police constitution putting them into politics