1.2 Should the UK adopt a codified constitution?

What is the public education justification for codification? (House of Commons, 2014)

Everyone would know what the rules and institutions were. Currently, the sprawling mass of cases, conventions and treaties is incomprehensible (House of Commons, 2014).

How did Bogdanor 2009 distinguish between members and incomers to a club?

People know the rules of the club and an outline of the institution. It also amounts to an offer made to incomers who want to join. (Bogdanor, 2009)

Why is the flexibility of the constitution dangerous? (House of Commons, 2014)

It has become too easy for governments to implement constitutional reforms for political convenience (House of Commons, 2014).

What was King’s 2013 national pride argument?

Constitutions become visions of what the state aspires to become (King, 2013).

How can King’s 2013 national pride argument be critiqued?

It assumes that states actually know and understand their aspirations.

Why is codification unnecessary? (House of Commons, 2014)

The fact that the UK government has never been reduced to a single document shows the success of the Westminster system (HoC, 2014). The UK has been stable, unlike countries which create constitutions after revolution.

Why is the constitution’s flexibility a strength? (House of Commons, 2014)

The constitution is evolutionary and allows for problems to be resolved as they arise (House of Commons, 2014)

Why is the critique of flexibility overstated? (House of Commons, 2014)

There are already loads of checks and balances on ministers seeking to create constitutional change. (House of Commons, 2014)

What would the impact of codification be on the judiciary? (House of Commons, 2014)

A written constitution would politicise the judiciary and require them to pass judgment on the validity of legislation (House of Commons, 2014)

What did Law and Versteeg 2013 argue about the clarity of codified constitutions?

• There is a split between constitutions as texts and constitutions in practice.

• Where the Chinese Constitution is celebrated, its practical functioning is much different.

• Constitutions can be as misleading as they are informing

Laws and Versteeg, 2013

Why is the uncodified constitution inclusive?

The UK constitution allows for different visions of the state to coexist. For example, it allows both devolution and unitarism. The vagueness allows for inclusion.

What were the 3 reforms proposed by the House of Commons in 2014?

1. Constitutional Code – a document sanctioned by Parliament but without statutory authority.

2. Constitutional Consolidation Act – a consolidation of existing sources of UK Constitution in statute.

3. A written constitution.