Individuals assume that maintaining an order, a particular set of law must be followed and must be conveyed to the public, in other words, they must follow a certain constitution. However, the UK Constitution opposes such assumption in its uncodified constitution, which has seen to have favorable outcomes throughout the years. An uncodified constitution does not have a single source for principles although they are practiced in various places such as in the form of statute law; act of parliament or decisions of the higher courts. In this essay, the distinction between the UK Constitution’s advantages will outweigh the disadvantages by discussing the negative factors and then overturning them with the positive elements.
Critics may argue that the absence of an uncodified UK constitution, the rights of minorities and the public lack the protection by the Parliament. For instance, freedom of speech, freedom of expression or any forms of rights that must be granted to individuals is not necessarily written clearly in a particular document. Through media, individuals have recently been questioning the UK constitution and how they must have their own Bill of Rights. They believe that without a written constitution, their rights are at stake. Another issue with no codified constitution brings into the question problems of clarity and interpretation. For instance, the factors that remain unclear conventions on ministerial responsibly and whether or not a government has acted unconstitutionally.
Critics also argue that power is concentrated in the center, not adequately protecting the rule of law. When a government is extremely powerful, it can force legislations that could threaten civil liberties while weakening other institutions. Unlike the United States Constitution, the United Kingdom does not have a system of checks and balances and the powers are not necessarily separated; these factors will not introduce a government that could function properly. Although there is the system of referenda, however, they do not guarantee a certainty of law. For instance, a referendum is a way of manipulation of citizens that they are the ones who have a say in the law making process. However, government proposes a referendum only when there is a legal certainty that will guarantee the outcome upon demand.
The traditional constitution is perceived as outdated and undemocratic due to many principles and reasons. For instance, individuals note that the structure of the House of Lords is against the values of liberal democratic states. These liberties are perceived as undemocratic as they are appointed and gain their position due to the fact of legacy. Therefore, they are regarded as a misrepresentation of the public as well as unfit for a democratic system.
Supporters of the uncodified constitution in the UK provide different approaches on the substantial and beneficial part for the governing of the UK. For instance, the protection of people does not have to be written in one document in order to be followed or recognized. As UK constitution has served well in the past, why does it need to be edited or modified these days? It backs the idea of ‘if it isn’t broke, don’t fix it’. Additionally, not having a codified constitution does not mean that the UK has no official laws that protect the citizens’. On the contrary, there are certain regulations that are written such as the European Convention on Human Rights and the Human Rights Act. Those acts directly protect citizens and their rights and grant them their freedom additionally to limiting governmental power. For instance, in Abu Qatada case, in 2012, the government wanted to deport him back to his country, Jordan, however, the Human Rights Act prevented them from undergoing that process. The ECHR argued that it was unlawful to send him back due to torturous actions that might occur.
The UK constitution may not be written in one document. However, the laws are clear in separate documents such as the statute law, common law, conventions, authoritative work, and the European Union Law.
The statute law is created by Parliament by the approval of the House of Commons as well as the House of Lords and approved by the Royalty before being ratified. It is the most significant source of principles and regulations that make up the British Constitution due to parliamentary sovereignty. The statute law covers aspects such as the Great Reform Act (1832), extending the age of voters and the Parliament Act (1911) establishing the dominance of the House of Commons. Furthermore, there has been recent constitutional reforms creating a Scottish Parliament (Scotland Act – 1998) and setting fixed-term elections for Westminster (Fixed-term Parliaments Act – 2011).
On the other hand, The Common Law focuses on legal principles that the UK court has created and enforced. When there is no explicit statute law, the common law through the court encompasses the clarification and interpretation of laws. For instance, universal laws are based on decisions in particular cases in court. The rights of homeowners have been extended so that they have the right to attack intruders who enter their property. It is a case that made a new regulation because of a past case helping future lawmakers.
Conventions shall be defined as rules or norms that are mandatory and clear. By conventions, it does not only make the UK constitution flexible, but forces the monarch to agree to Acts of Parliament and has no choice to refuse. Seeing that critics argue that not having a written constitution gives the government too much power do not realize that even their lawmaking bodies have their policies that they follow, the Cabinet Manual. This composed manual in 2011 with eleven chapters discussing the role of the monarch, elections, and government formation as well as collective cabinet decision-making. It helps guiding the government and giving them clear interpretations of conventions.
Authoritative works include a number of legal and political texts that have been accepted in the UK Constitution. This type of work helps guide the functions of institutions and the political system as a whole. They are helpful in interpreting values that support the constitution and focuses more on constitutional practice. For instance, V. Dicey’s An introduction to the study of the Law of the Constitution (1884) distinguished between the law and the 19th century constitution that focused on the parliamentary sovereignty and the rule of law. It focused on how the parliament and the people were both sovereign in their way; legal sovereignty and political unity. In addition, the European Union Law consists of treaties and legislation that the UK constitution follows.
Moreover, the UK constitution allows for laws and regulations to be flexible; it is not entrenched. For instance, unlike the United States, it is a long process in order to change the constitution, so it fits the living standards of the modernized world. When the first US Constitution was ratified in 1788, it had certain regulations that did not provide the modern world today, for instance, slavery, dispute that no longer exists. On the contrary, having a flexible constitution allows for adjustments and reforms that can be made quickly if needed. Additionally, referenda play a significant role in justifying the constitution because when the public’s views are being approached and taken into consideration, it guides the policy makers into the most democratic path that will not only grant citizens their rights but it will also give them power into controlling their state.
Noting the diversity of British population, it is sure to say that the UK constitution is a perfect fit for all individuals who differ in age, gender, race, backgrounds as well as customs and traditions and religion. The absence of the codified constitution prevents the need to refer to every person and their particular background seeing that many have differentiating beliefs and cultures. Therefore, it is hard to categorize every individual. Therefore, the uncodified constitution supports the mixture of traditions and democratic principles as a whole.
Taking into consideration the advantages of the UK Constitution, one can draw a conclusion that an uncodified constitution is not only beneficial to the public but it also guarantees building a strong collaborative government. It is also meant to serve the public and their needs. Referring back the quote above, it sums up that individuals do not necessarily need one document that summarizes their needs, protection of rights, and their granted authorities. However, their hearts, minds, and daily habits know these factors.
