2012/11/06

Desire for a Written Constitution for the United Kingdom

An unwritten constitution is not an ephemeral set of ideas that change on a mundane basis and cannot quite be pinned down. Rather, an unwritten constitution if a set of documents, enacted laws, conventions, and case law that defines the framework within which the day by day activities of a nation and its people ar conducted (Berendt, 1997).

The constitution of the coupled land is an example of a so-called unwritten constitution. of import elements of the constitution of this country ar The Magna Carta, The Petition of Rights, The Bill of Rights, and The exploit of Settlement, all of which date to the early history of the nation. These ancient documents are joined by The Scotland twist of 1998, The Wales Act of 1998, and The Human Rights Act of 1998 as major elements of the unwritten constitution of the united solid ground (Barnett, 2002).

From the written-unwritten differentiation, other variances among national constitutions develop Constitutions are said to be either rigid or flexible. Written constitutions, on average, bunk to be less flexible (more rigid) than unwritten constitutions (Finer, Suchet, and Rudder, 1995). In existent practice, the differences are not that great. The rigid constitution in the get together States, as an example changes every time the domineering act reinterprets past rulings.

Constitutions also tend to be either federal or unitary in character. The Canadian constitution, a


Jeffery, C., and Mawson, J. (2002, October). "Introduction: Beyond the White Paper and the face Regions". Regional Studies, 36(7), 715-720.

essential reform of this type, however, might not modernise the results hopes for by proponents. The get together States is a good example. The Constitution of the United States grants the Congress the exclusive power to declare or ready war. This provision of the American constitution, however, has not stopped any chairwoman in the past 50 years from sending American military forces into combat whether or not the Congress approved. In most instances, the American Congress passed resolutions supporting the actions or granting the chairwoman discretionary authority to act on his (or her one day) volition.
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Mostly, these were congressional efforts to save face. The greatest impact of these actions has been the eroding of the constitutionally mandated insularism of powers.

Department for Constitutional Affairs. 2003, July. "Constitutional Reform: A Supreme Court for the United Kingdom". London: Department of Constitutional Affairs, Accessed on the Internet 2003-12-04: at http://www. ca.gov.uk/index.htmdca.gov.uk/index.htm

The judicial freshen issue appears to be a desirable constitutional reform. As the United Kingdom grows further integrated in the European Union, the need for independent judicial review will become more important. This reform can be accomplished, however, without developing and adopting a written constitution.

Another point of controversy for the forces in the United Kingdom demanding constitutional reform is the absence of a all independent judiciary that has the fight to review actions of the Parliament. Because of this situation, there are demands for the creation of a supreme court for the United Kingdom (Department of Constitutional Affairs, 2003). The creation of such a court would petition constitutional reform because it would be necessary to curtail some of the power of the P
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