This means that they are difficult to amend or abolish. As a codified constitution sets out the duties, powers and functions of government institutions of higher law it is judiciable. The other type of constitution is an uncodified constitution. An uncodified constitution is a constitution that is made up of rules that are found in a variety of sources, in the absence of a single legal document or written constitution. Unlike codified constitutions, the constitution is not authoritative.
What are the strengths and weaknesses of the UK constitution? The UK constitution is a set of rules relating to how the state is to be run and organised. These rules, which in the case of the UK constitution can be either written or unwritten due to the uncodified nature of the constitution, define the functions and powers of major institutions of government, the relationships between said institutions, and the relationship between the individual and the state (through individual rights). The primary function of a constitution is to provide legitimacy to those in power; however it also defines the limits of government power, protects freedom and distributes power within the political system. The UK constitution is somewhat unique in that it is one of only three states to have an uncodified constitution (the others being New Zealand and Israel).
Professor KC Wheare defines the constitution of a state as: “… the whole system of government of a country, the collection of rules which establish and regulate or govern the government.” The evolving nature of the UK constitution implies that it is somewhat straightforward for the government to alter the constitution and adapt it to ever changing times. The constitution of the UK is extremely distinct, as it is not set out in a specific document, which establishes the rules of the state, therefore it is often deemed uncodified. The fact that the full UK constitution cannot be found in one specific document, leads many to argue the flexibility and therefore, instability, of the UK constitution, as it is susceptible to change over time. In comparison, the constitution of the United States is codified and present in an easily obtainable document. In order to implement change in the US constitution, therefore, there is a much stricter protocol to follow.
To what extent is the UK Constitution no longer fit for purpose? The UK Constitution is not codified as it is in many countries. In the UK, we do not have a single codified and entrenched document to represent the UK position, but we have a general set of constitutional rules. A constitution is a set of principles that establishes the distribution of power in a political system, and defines the relationship between political institution and the limits of the government jurisdiction and the rights of citizens. Supporters would suggest that the constitution is fit for purpose.
The UK constitution is a set of unwritten rules which sets a framework within a country’s system of government. It establishes the rules which those who exercise power should have to obey. Though the constitution, there are many different sources. An important source is Works of Authority. These are parts of the constitution which are written down and have become very important , as they provide a major source of information and are very useful in interpretation.
Yet that chaos in not the same as now, therefore the constitution must be interpreted loosely in a way that it fits society nowadays. Loose construction is based on the idea that the Founding Fathers could not have foreseen what the world would be like in the 21st Century, and that the Constitution must be interpreted in light of historic and societal change. Loose construction allows the government to expand powers that are not specifically outlined in the Constitution as long as these powers are not specifically prohibited. Society changed from day to day and the country has to be ready for when changes are made. If powers are not outlined in the constitution, then it is up to the government (courts, judges, etc.)
A number of reasons explaining why a constitution is considered to be a living document include, the ideas of separation of power, checks and balances, judicial reviews and the process of amendment. In relation to the idea of separation of power a constitution is regarded to a living documents because this idea encompasses a model that defines who is in control of a state. This idea of separation of power emphasizes that several branches make up the state (Strauss 45). Each of the branches is unique and distinct from the other in terms of its responsibilities. Additionally, it exercises power independently to avoid conflicting with the other branches.
As well, when he is talking about interest, he is referring to whatever may empower or benefit the ruling party, such as laws that can be passed. Thrasymachus also claims that it is in the interest of the ruled to be just, and as a society we must subordinate ourselves to the interests of someone in authority. From this, we can gather that while the ruled must be just and promote the interest of another, the ruler must
A constitution is a set of rules that identifies the structure and relationship between the different parts of the government as well as the relationship between the government and the citizens. In some countries the constitution is the supreme law of the land and the source of legal power. The extent and nature of constitutional power is generally established and ceded to the executive, the legislature and the judiciary. Likewise, the constitution will usually define the rights and freedoms of citizens. A constitution then, confers power and provides legitimacy for the state’s use and limits of power.
His ideas were, however, idealized and not entirely accurate, since he did not appear to understand the exact roles of the various participants in the British constitutional set up. Modern day Critics of the doctrine, such as Sir Ivor Jennings and Geoffrey Marshall, have doubted whether the three functions of the UK constitution could be allocated separately among the branches of government. Barendt, on the other hand, points out that the primary purpose of the doctrine as to avoid tyranny arising from the over-concentration of power. Adam Tompkins has an alternative view that the separation of powers is bipolar. The crown and parliament.