Constitution

Codified

• (where the constitution is contained within a single document)

• Our UNcodified constitution:

  • Multiple sources

    • Works of authority

      • Erskine May

        • used by Speaker Bercow to block May re-introducing her unchanged Brexit deal

      • The English Constitution (1867)

        • Explains relationship between monarchy, legislature + executive

      • 1997 Ministerial Code of Conduct

    • Treaties

      • 1993 Maastricht Treaty (established EU)

      • 1966 Geneva Convention

    • Statute Law

      • 1998 Human Rights Act (incorporated ECHR into UK law)

      • 2010 Equality Act (codified previous discrimination laws)

    • Common Law

      • 1670 Bushell’s case (established that the judge cannot lead/influence a jury)

      • 1991 R v R (established marital rape as a crime)

    • Conventions

      • Salisbury Convention (Lords won’t oppose 2nd or 3rd readings of manifesto pledges)

      • CMR

        • 2003 Robin Cook resigned over Iraq War

        • 2018 Boris Johnson resigned over May’s Brexit deal

      • PM should not be in Lords

        • 1963 - Alex Douglas Home resigned from Lords to become PM

• Arguments for a codified constitution:

  • Protect human rights

    • HRA resulted in HR cases increasing by …%

    • Example of benefits of codified rights

    • (Still weak since not entrenched)

  • Check on government power

    • Ensure that there are written checks and balances on executive’s power

    • Already there? - Miller 1 + Miller 2 cases ruled that gov was ultra vires

  • Clarity for citizens

• Arguments against a codified constitution:

Entrenched

• (where there is a special procedure to change the constitution)

Unitary

Bill of Rights