Arguments For And Against A Codified Constitution Essay

Arguments For And Against A Codified Constitution Essay-88
Many people believe that having an uncodified constitution in the UK means that we have had a long history of democracy and changing to a codified constitution will jeopardise the democracy in the UK.

Many people believe that having an uncodified constitution in the UK means that we have had a long history of democracy and changing to a codified constitution will jeopardise the democracy in the UK.

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Also it would easily become outdated and fail to respond to the constantly changing political environment.

If the UK’s constitution became codified then there would be a risk of judicial tyranny.

The idea of deterrence aims to make potential offenders think about their actions and the likely consequences of them (Davies, Croall and Tyrer, 1998, p 240).

Therefore it could be seen that deterrence approaches show little concern with the severity of the crime committed, but more so with the prevention of the crime being committed again, and could therefore be seen by some as ignoring the problem of crime (Ashworth, p 1078).This therefore leads to the question why change the constitution when it’s worked so well in the past for the UK?In the UK having an uncodified constitution has been part of tradition for so long, and people don’t seem to question it, therefore there cannot be any real need to change to a codified constitution. A constitution is a set of rules which may be written or unwritten, establishes the distribution of power in a political system, the limits of government jurisdiction, the rights of citizens and the method of amending the constitution itself.An uncodified constitution is unwritten, or at least not written all in one document.Another reason against codifying the UK’s constitution is that the documents would become legalistic.This is an issue as it would only be understood by lawyers and judges and not by the public who have significantly less political knowledge.The constitution in the UK is found in a variety of sources which are mainly statute and common law, conventions and traditions, European law etc.There are arguments for the UK to both retain an uncodified constitution and to change this to a codified constitution like the USA.The idea of deterrence is to stop individuals committing further offences, known as individual deterrence but to also by deterring potential offenders within the community from committing a similar offence.Zimring and Hawkins (1973, p 40) suggest this to be known as general deterrence, and works on the basis that punishment such as prison sentences deters criminals due to the fear of the punishment (Davies, Croall and Tyrer, 1998, p 300).


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