Discuss the View That the Uk Constitution Has Become Too Flexible

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Discuss the view that the UK Constitution has become too flexible (30 marks) The key features of the UK constitution is that it’s uncodified, there’s not a single document stating the rules, its developed from various sources e.g. common law, statutory law, EU Law and relies on tradition as much as nay written documents. The main advantage of this is that it can easily be changed allowing us to evolve E.g. Regional Devolution (Scotland, Wales, and Northern Ireland). The UK has a unitary constitution, where all power and authority resides in Parliament. They can make or unmake any law but cannot bind future parliaments. Although the increased use of referendums and membership of the EU may lead people to argue that Parliamentary sovereignty is being diminished. The rule of law is also a key part of the UK constitution, it’s based on the principle that no one is above the law and no one can be punished without a trial. It underlies the UK constitutions and limits the government. The separation of powers in the UK constitution is blurred e.g. the 90 odd members of government are in both legislature and the executive and the lord chancellor sits in all three. It’s the lack of separation that allows us to make fasts decisions however it does also give individuals too much power. It can be argued that the UK constitution is too flexible. The lack of clearly defined roles (separation of powers) means that theoretically an electoral dictatorship could occur. For example in 1997 Tony Blaire’s government passed a series of laws without any difficulty. Devolution, human rights act and freedom of information were all acts set by the priminister and his cabinet (the executive) which went relatively unchecked by the opposition (legislative). This demonstrates how a lack of separation of powers/checks and balances would only come about from and uncodified/flexible constitution.
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