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English Constitution, Should It Be Codified?

Essay by   •  July 17, 2011  •  385 Words (2 Pages)  •  1,156 Views

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English Constitution, should it be codified?

A countries national constitution defines the fundamental political principles, creating structure, procedures, powers and duties of a government as well rights and duties of it citizens. The word constitution comes from Latin word “constitutio” which refers to issuing a important law. The idea of constitution was spread around the world because of the Catholic Church which uses the term in the canon law. The English Constitution differs from other countries constitution because it is uncodified. The “organic” nature of the English Constitution receiving its directives from 6 major sources: The Royal prerogative, convention and customs, authoritative opinions, common law, statue law and since the membership in the European Union the some EU laws became part of the English Constitution. This style of constitution on today’s world, have made people make their selves if the Constitution should or not be codified.

Supporters of the uncodified English Constitution argue that a constitution would weaken the government, not only would by removing totally the parliament sovereignty but it would also challenge the whole monarch institution. The English government is known for its ability to “control” the legislature, by having a flexible legal system that with one new case the whole set of rules of are certain legal area may change due to that precedent. With the uncodified constitution the English government can change, create or end any body or law with out the long and exhausting constitutional amendments process.

The constitutions will obligate the judiciary to become the “constitution’s guardian” cause them to be more involved on solving constitutional disputes. These disputes are political because most of them concern the power of the government

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