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Two merits and demerits of codified and uncodified constitution
Pros and cons of codified vs uncodified constitution
Pros and cons of codified vs uncodified constitution
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The Arguments For and Against a Codified Constitution
A constitution is a set of rules that seek to establish the duties,
powers and functions of the various institutions of government,
regulate the relationships between them, and define the relationship
between the state and the individual. The most common way of
classifying constitutions is to distinguish between codified and
uncodified. The UK has an uncodified constitution.
A written constitution is precisely a charter that has been codified,
in that the rules and regulations that citizens / individuals must
abide by are stated in a single document format. Although elements of
the UK constitution are written e.g. the statute law, sections of it
are not. It must be noted that America follow a written constitution
called the ‘Bill of Rights’, and by contrast the UK at present do not
adhere to a formal written constitution. Therefore, one must consider
the arguments for and against a codified constitution to establish a
judgement on whether the introduction of a codified constitution in
the UK is a beneficial concept to acquire.
There are many arguments for adopting a codified constitution in the
UK, and there are many pressure groups, political figures and ordinary
people who believe that the UK should have one. Our uncodified
constitution is old fashioned, and there is not even an agreement
about what it actually contains as it is made up of various
conventions and statute laws etc. Constitutions are supposed to be
the fundamental social compacts by which authority and order are
maintained, and so the UK having a written codified constitution would
not only provide a rigid...
... middle of paper ...
... the UK does not need a complicated
procedure to change it unlike the USA which has a codified
constitution. Parliament can change our constitution when the
electorate votes for change.
Overall, there are valid reasons for and against written
constitutions, in that a written constitution would bring many
economical, social and political benefits, and be a worthwhile move
for the future of the UK, and will protect against arbitrary
government. However by contrast there are also a great number of
arguments against a codified constitution, which would pose the
country a lot of problems if Parliament decided to introduce one. A
valid point is that there may not be many negative consequences of
introducing a codified constitution, but as the present one works
efficiently, I think there is simply no necessity for one.
After the Revolution, the country was left in an economic crisis and struggling for a cohesive path moving forward. The remaining financial obligations left some Founding Fathers searching for ways to create a stronger more centralized government to address concerns on a national level. The thought was that with a more centralized, concentrated governing body, the more efficient tensions and fiscal responsibilities could be addressed. With a central government manning these responsibilities, instead of the individual colonies, they would obtain consistent governing policies. However, as with many things in life, it was a difficult path with a lot of conflicting ideas and opponents. Much of the population was divided choosing either the
There could be arguments supporting it and arguments going against it. As a result, the citizens of the UK saw a codified constitution as a necessity at that moment. However, there are many advantages of an uncodified constitution. The biggest advantage is the idea of flexibility. As societies are changing, and societal norms take new forms, it is very important for the constitution of countries to adapt to that quickly, as a country’s constitution should be in the best interest for its citizens.
The Articles of Confederation was America’s first constitution. The Articles of Confederation failed to create a strong central government, however. With the demise of the states in sight, the need for a stronger and more structured central government became apparent. An invitation was sent to all thirteen states in February 1787 by the Confederation Congress to resolve the matter. The events that took place over the next several months would create the United States Constitution. Going down in history as a revolutionary form of government, the U.S. Constitution would give life to a country that is still running strong over 200 years later.
The Articles of Confederation were approved by Congress on November 15, 1777 and ratified by the states on March 1, 1781. It was a modest attempt by a new country to unite itself and form a national government. The Articles set up a Confederation that gave most of the power to the states. Many problems arose and so a new Constitution was written in 1787 in Independence Hall. The new Constitution called for a much more unified government with a lot more power. Let us now examine the changes that were undertaken.
The constitution was a document that embodies the fundamental laws and principles by which the U.S is governed. The constitution states basic rights for its citizens. Delegates signed the constitution on September 17, 1787. There is a total of 27 constitutional amendments. The reasoning for writing it was for a stronger federal government - legislative, executive and judicial. The constitution was a break with a past of ‘unfair’ taxes, wars and ‘unfair’ treatment.
At the present time, there is nothing wrong with the constitution, and if there was anything wrong with it, it could be changed by referendum, once again proving that becoming a republic is pointless. Currently, we are not tied down at all by the monarchy, and although the Queen does have the power to intervene in the running of our country, she doesn't out of tradition, and therefore, probably never will, bound by the tradition. If we become a republic, we would lose valuable ties with England and perhaps part of our heritage that goes with it. England can support us through many unfortunate events that we may face and England, being on the other side of the world may not, putting them in a position to offer us financial, military or other support.
The. A constitution is the system of fundamental principles according to which a nation is governed. Our founding fathers created the US Constitution to set specific standards for our country. We must ask ourselves why our founding fathers created the Constitution in the first place. America revolted against the British due to their monarchy form of government.
Constitution is a necessary feature as it defines how power is disseminated within the government and establishes the rights of the citizens and the laws and rules for the country. In order to be successful, a country’s should reflect and satisfy every citizen’s needs and interests.
By the late eighteenth century, America found itself independent from England; which was a welcomed change, but also brought with it, its own set of challenges. The newly formed National Government was acting under the Articles of Confederation, which established a “firm league of friendship” between the states, but did not give adequate power to run the country. To ensure the young nation could continue independently, Congress called for a Federal Convention to convene in Philadelphia to address the deficiencies in the Articles of Confederation. While the Congress only authorized the convention to revise and amend the Articles the delegates quickly set out to develop a whole new Constitution for the country. Unlike the Articles of Confederation, the new Constitution called for a national Executive, which was strongly debated by the delegates. There were forces on both sides of the issue trying to shape the office to meet their ideology. The Federalists, who sought a strong central government, favored a strong National Executive which they believed would ensure the country’s safety from both internal and external threats. The Anti Federalists preferred to have more power in the hands of the states, and therefore tried to weaken the national Executive. Throughout the convention and even after, during the ratification debates, there was a fear, by some, that the newly created office of the president would be too powerful and lean too much toward monarchy.
Upon the opening words of the Constitution, "We the People do ordain and establish this Constitution for the United States of America," one must ask, who are these people? While the American Constitution provided its citizens with individual rights, many members were excluded. Elite framers manipulated the idea of a constitution in order to protect their economic interests and the interests of their fellow white land and slave owning men' by restricting the voices of women, slaves, indentured servants and others. Therefore, the Constitution cannot truly be considered a "democratic document." However, because it is a live document, malleable and controllably changeable according to the interest of congress, it has enabled us to make reforms overtime. Such reforms that have greatly impacted America, making us the free, independent nation that we are today.
The U.S. Constitution has a unique history. Facing drafts and ratifications it was finally created under the founding fathers in 1787. The constitution is the foundation for the government we have today and influences almost every decision that government officials make. However, before the constitution was influencing, it was influenced. The political, economic, and diplomatic crises of the 1780s not only helped shape America, but also the provisions found the constitution.
The importance of Constitution, both in its content and its status, is little appreciated by the general public.
On further analysis, most of the issues within the document were due to vast cultural, racial, and economic lifestyles that our country did and will continue to support, as unintentional as it may be. This document lessened some of those issues and attempted to accommodate the requests of all states. However, Elitist framers manipulated the idea of a constitution in order to protect their economic interests and the interests of their fellow white land and slave owning men' by restricting the voices of women, slaves, indentured servants and others.
The legislative, executive, and judicial branches represent the constitutional infrastructure foreseen by the Founding Fathers for our nation 's governing body. Together, they work to maintain a system of lawmaking and administration based on checks and balances, and separation of powers intended to make certain that no individual or embodiment of government ever becomes too controlling. America is governed by a democratic government or a democracy which is a government by the people, in which the power is established in the people themselves. The people then elect representatives who carry out their power in a free electoral system. The United States government’s basic claim is to serve the people and only through a combined effort can we
The word ‘constitution’ is commonly used to describe a written legal document that embodies a set of rules and principles that ‘establish and regulate or govern the government’ of a country. The United Kingdom, however, does not have such a document.