1.

Discuss the strength of the arguments for the UK keeping

its uncodified constitution.

1. Define what a constitution is.

A basic definition of a constitution, as provided in Le Suere, Sunkin and Murkens is
the set of most important rules of the structure and powers of government and of
people’s most basic freedoms and rights. Bradely A. and K. start their definition of
a constitution by stating that it is a document which has ‘special legal sanctity’.
Although, the UK constitution contains written sources such as statutes it is one of
the few in the world that has not been complied into one or a series of
documents. This is what we would call an uncodified constitution, which can be
contrasted with an ‘codified’ constitution, such as in the USA. This is due to the
absence of a moment in British history where a revolution or independence
precipitated reform to the extent of codifying the British constitution.

2. explain what UK’s codified constitution entails with a bit bout the
dispersed constitutional rulebook.
In contrast, the U.K. supreme court does not perform such a function. This is
because the important constitutional rules are not written down in one supreme,
codified legal document. The U.K. has what is called a dispersed constitutional
rulebook . The sources of this rulebook are certain acts of parliament, judicial
decisions, crown prerogatives constitutional conventions and international
treaties. Most of the rules are written down somewhere- the cabinet manual first
published in 2011, the various devolution acts, Human Rights Act 1988 and
common law cases such as R (Miller) v Secretary of State for Exiting the European
Union . Therefore, ‘uncodified’ is a better term for the nature of the U.K.
constitution.
 3. Flag your answer

4. Set out the arguments for codification :

i. The argument of flexibility
--strength of flexibility- ex. devolution acts
weaknesses with flexibility- lack of stability

ii. It gives the elected legislature the power instead of the unelected
judiciary
In support of the argument
Against the argument

iii. It is not a elected dictatorship it has checks and balances built into the
system/conventions
Strengths
Weaknesses

5. Practical difficulties around codifying

6. Conclusion which sets out that it should not be codified

Conclusion – keep it
Homework question: elaborated sketch on (2017 Zone B Q2)

Ascess the advantages and disadvantages