Why Is It Important To Have A Written Constitution

The United Kingdom, unlike many other states, does not have a codified or written constitution. Instead, its constitution is formed by Acts of Parliament, court judgments, and conventions. However, there are growing concerns that the current system is struggling under the pressure of the Brexit process, leading to political deadlock. In this article, we will examine the pros and cons of having a written, codified constitution.

Yes – Elliot Bulmer

A written constitution is considered a supreme and fundamental law. It serves as a guide for the functioning of a democratic state by defining its basic principles, protecting the rights of citizens, establishing governing institutions, and regulating their relationships. In contrast, an unwritten constitution consists of a collection of laws, institutions, traditions, customs, and practices that govern how a country is governed. While parts of the unwritten constitution may be written down, it lacks the supreme and fundamental law status that a written constitution possesses.

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A written constitution ensures that the government operates according to known and enforceable rules and principles that cannot be unilaterally changed by those in power. Without a written constitution, the governance of a country becomes arbitrary and chaotic, relying on ordinary statutes, conventions, and traditions that can be easily changed by a government with a majority in Parliament. An unwritten constitution lacks clarity, enforceability, and protection against destructive changes.

Comments: The lack of a written constitution in the United Kingdom poses challenges to the stability and accountability of its government. By having a written constitution that clearly outlines the rules and principles of governance, the country can ensure a more transparent and effective political system.

No – Paul Bickley

The idea that a written constitution is the only solution to our present difficulties is an exaggeration. All countries have a constitutional order, whether including a single written text or not. The key question is whether our current constitutional order effectively supports civil and political rights, stable institutions, and public confidence and participation.

While there may be a need to review and clarify certain aspects of our constitution, such as the competencies of devolved institutions and the use of referendums, a single entrenched statute is not the only solution. Our liberties have survived and evolved over time without a written constitution. The chief check on government power lies in the democratic accountability of Parliament to the voting public.

Comments: While a written constitution may provide stability and clearer rules, it may not necessarily address the deeper issues the United Kingdom faces. The focus should be on improving the effectiveness of existing institutions and decision-making processes, rather than solely relying on a codified constitution.

Yes

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The current crisis surrounding Brexit is just one manifestation of a wider crisis of legitimacy and identity in the United Kingdom. The lack of a written constitution means that the authority and legitimacy of the state are not sufficiently protected and augmented. A written constitution would not only restrain the government but also enhance the authority and legitimacy of the state.

Recent Supreme Court decisions have highlighted the weaknesses of the unwritten system and the lack of higher constitutional law. In an unwritten system, nothing is fixed or stable, and everything is subject to a simple majority vote in Parliament. By adopting a written constitution, the United Kingdom can establish a stable platform for parliamentary democracy and protect against the abuse of power.

Comments: The absence of a written constitution contributes to the crisis of legitimacy and identity in the United Kingdom. A written constitution would provide a solid foundation for the state, ensuring that the government operates within the boundaries of the law and protects the rights and interests of all citizens.

No

While it is acknowledged that some constitutional tidying up may be necessary, a complete overhaul through a written constitution is not the solution. The challenges we face are not unique to our constitutional order and are more a result of political decision-making and lack of foresight.

Constitutional change is a complex process that should be approached cautiously, especially in the current political climate. Introducing a written constitution amidst the ongoing Brexit process could be seen as an intervention that undermines the principle of parliamentary sovereignty. It is important to consider our specific context and institutions when discussing constitutional change.

Comments: While there may be a need for adjustments and improvements, a complete shift to a written constitution may not be the most practical solution. It is crucial to address the specific challenges within our existing constitutional order before considering drastic changes.

Yes

The current difficulties faced by the United Kingdom demonstrate the need for a written constitution to protect the institutions and processes of parliamentary democracy. A written constitution would prevent abuses of power and ensure that democratic rights are not dependent solely on the goodwill and self-restraint of those in government.

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Looking at other countries that have gained independence from the British Empire, it is evident that a written constitution provides a stable framework for governance. Drawing from established examples, the United Kingdom can implement a written constitution that safeguards democratic principles and upholds the common good.

Comments: A written constitution would provide a necessary safeguard against the misuse of power and enhance the stability of parliamentary democracy. By adopting a written constitution, the United Kingdom can strengthen its institutions and protect the rights of its citizens.

In conclusion, the debate around having a written constitution in the United Kingdom is a complex one. While a written constitution may offer clearer rules and enhance stability, it is not a cure-all solution for the country’s challenges. There are valid arguments on both sides, and any decision should carefully consider the unique context and needs of the United Kingdom. Ultimately, the goal should be to ensure effective governance, protection of rights, and the preservation of democratic principles.

Additional Content:

• The lack of a written constitution has often been criticized for leading to ambiguity and confusion in the governance of the United Kingdom. Without clear and enforceable rules, there is a risk of decisions being made arbitrarily, without proper accountability.

• One potential advantage of a written constitution is that it can provide a sense of shared national identity and purpose. By clearly defining the principles and values that underpin the country, a written constitution can help foster unity and common understanding among citizens.

• On the other hand, opponents argue that a written constitution may limit the flexibility and adaptability of the legal system. They argue that an unwritten constitution allows for a more organic and responsive approach to governance, as it can evolve and adapt to changing circumstances without the need for lengthy and cumbersome amendment processes.

• Ultimately, the decision of whether to adopt a written constitution is a complex and multifaceted one. It requires careful consideration of the advantages and disadvantages, as well as an assessment of the unique needs and circumstances of the United Kingdom.

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Category: WHY