UK Unwritten Consitution

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Advantages and

disadvantages of United
Kingdom Unwritten
constitution
Content

Constitution......................................................................................................................................3

Advantages of United Kingdom Unwritten constitution.................................................................3

Disadvantages of United Kingdom unwritten constitution.............................................................4

Conclusion.......................................................................................................................................4

References:......................................................................................................................................5
1. Constitution
A Constitution is a legislative framework and principles governing a country or state. A non-
written not contained in a single document but based primarily upon the tradition and precedent
of statutes and court rulings. The US Constitution is probably the most popular. Ratified in 1788,
27 modifications are easily available online in this document. The United Kingdom, however,
appears to have a constitution that is not written. However, the constitution of the UK is
technically not unwritten. This prevalent misperception originates from the lack of a single legal
document including the laws and concepts in it. The UK Constitution is unmodified in order to
clarify it more precisely. The constitution of the UK includes agreements such as Prime
Minister's Office, treaties, precedents, bodies such as the House of Commons, Parliamentary acts
such as the European Community Act of 1972, and basic principles. The Constitution contains
the rule of law as the principal principle of the Constitution of the United Kingdom.[1]

2. Advantages of United Kingdom Unwritten constitution

As a result of history and a continuously evolving principle and legislation, the UK


Constitution is unwritten. Contrary to other countries, where the codification of the
constitution is a priority, this was never the case in the United Kingdom. Parliamentary
norms include unwritten primary documents of the UK Constitution. Indeed, the principal
concept supports Parliament's greatest authority. The UK Parliament is therefore obliged to
develop new legislative provisions or to change them as a final source. Besides this
foundation, the UK Constitution is uniform and covers countries. However, they are
legislative, their powers are based on legislation and legislation drafted by Parliament.
Royal prerogatives are like constitutional monarchy enforcement, for example, ratification
of the Treaty, passport issuance, and appointment and removal of ministries.[2]

[1] Anon, 2021. The Pros and Cons of an 'Unwritten' Constitution. The Lawyer Portal. Available at: https://www.thelawyerportal.com/blog/the-
pros-and-cons-of-having-an-unwritten-constitution/

[2] Anon, Advantages of the Unwritten Constitution. Law Teacher. Available at:
https://www.lawteacher.net/free-law-essays/administrative-law/the-advantage-of-unwritten-constitution-administrative-law-essay.php
However, the sovereign shall be consulted with others before using these rights. In
particular, it has evident benefits for strengthening democracy, accountability, openness,
and mandates, in the unwritten UK Constitution. Parliament, which is responsible for all
constitutional matters from House of Commons, the main members, the House of Lords
and other members.The Government must therefore be accountable to the parliament and
be responsible. The unwritten Constitution guides the constitutional conduct of
conventions leading to legislative acts that require government to resign if it loses its right
of vote in parliament 'without trust. It can ensure democratic legitimacy with control and
continuous restrictions and government monitoring. Moreover, common law grants a type
of authority in the constitution to ensure respect for civil liberties. As such, courts must
rule matters without prejudice and direction. [3] These features develop only over time and
hence offer an important contribution to the common law which enables judges, without
overlapping the correct or wrong written text, to issue constitutional decisions. Instead,
they can draw on basic standards that arise from established and precedent procedures. The
UK Constitution is a highly flexible and unwritten constitution that may evolve and adjust
quickly to changing circumstances. Modern times require legislative changes to fit news
trends, views and opinions. It is recognized that instead, it is subject to change to match
new realities. This is integrity, as democratic processes have been developed and the
constitution is preserved by the judiciary and parliament, the best way to reflect a
continuously changing reality is to reflect. The written constitution is highly stiff and hard
to change, unlike the unwritten constitution. [4]

[3] C.anno, 2016. The unwritten British constitution: in need of a written one? Le petit juriste. Available at: https://www.lepetitjuriste.fr/the-
unwritten-british-constitution-in-need-of-a-written-one/ [Accessed July 21, 2021].

[4] Anon, Advantages and disadvantages of the UK constitution. Advantages and disadvantages table in A Level and IB Government & Politics.
Available at: https://getrevising.co.uk/grids/advantages-and-disadvantages-of-the-uk [Accessed July 21, 2021].
The US Constitution, in fact, showed the misery of trying to amend the law in the light of
such a constitutional framework. Besides this flexibility, the non-written constitution reacts
greatly to social changes in norms and court rulings. In their judgments, judicial judges can
reflect on the adjustments they make in specific cases, allowing for the unrestricted
expansion of any bounds of the judicial system.[4]

3. Disadvantages of United Kingdom unwritten constitution


The supremacy remains restricted, despite the benefits of the unqualified constitution. There is
no written document in the British with a higher status on other legislation and standards. This
makes United Kingdom constitution less accessible, visible, and understandable. The British
Constitution is thus composed of several sources. There is also no clearly defined authority in the
executive, legal, and justice sectors to create ambiguity, uncertainty, and possible clashes
amongst the government's three pillars. In particular, the Executive and the Judge have taken
opposing interpretations of the right to prorogue, i.e. suspend the House. The unwritten aspects
of the constitution may promote the possibility of its politicization. The ultimate law is a political
reality, and judicial tribunals are the single governor of the parliament. The lack of a defined
constitution underpins the judiciary's unprotected nature. [5] Moreover, unwritten constitutional
flexibility raises risks. Because there is no legal status, to whimsical modifications by parliament
or government. Moreover, because of the absence of a fully enforceable legal framework, the
erosion of individual human rights is easy. The unwritten constitution also lacked clarity. This is
contrary to a written constitution that addresses specific legislative and government limits. This
facilitates regular access and promotes the openness of the court at the same time.

[4] Anon, Advantages and disadvantages of the UK constitution. Advantages and disadvantages table in A Level and IB Government & Politics.
Available at: https://getrevising.co.uk/grids/advantages-and-disadvantages-of-the-uk [Accessed July 21, 2021].

[5] Dennett, A., 3. The features and sources of the UK constitution. Law Trove. Available at:
https://www.oxfordlawtrove.com/view/10.1093/he/9780198807315.001.0001/he-9780198807315-chapter-3 [Accessed July 21, 2021].
4. Conclusion
It is written or not completely codified in writing. Such a constitution is not written in most
states, and it is only written in 3 countries. This type of constitution is established. As a flexible
body, the UK Constitution can readily be modified to the continuing social developments. This
has enabled legislative conventions and even courts to respond, as legislation is relevant, to these
revisions. The problems in the UK have been avoided and are usually followed by formal
constitutional revisions. The UK Constitution can also regulate and oversee the government with
the help of the sovereign parliament. There is minimal government, duties are promoted and
democracy is supported. Finally, a complicated separation of responsibilities has been discussed
in the drafting of the British Constitution. But the argument cited above stressed the unwritten
characteristics of the Constitution of the United Kingdom and illustrated its countless benefits
throughout time. The UK Constitution, which is based primarily on parliamentary supremacy, is
guided by numerous ideas. This feature creates benefits such as democracy promotion,
accountability and transparency and flexibility that may be adjusted when required. While in the
United Kingdom the unwritten constitution has worked and some modifications are expected, the
codified constitution remains considerably more practical.
5. References:
[1] Anon, 2021. The Pros and Cons of an 'Unwritten' Constitution. The Lawyer Portal. Available at: https://www.thelawyerportal.com/blog/the-
pros-and-cons-of-having-an-unwritten-constitution/ [Accessed July 21, 2021].

[2]Anon, Advantages of the Unwritten Constitution. Law Teacher. Available at:


https://www.lawteacher.net/free-law-essays/administrative-law/the-advantage-of-unwritten-constitution-administrative-law-essay.php
[Accessed July 21, 2021].

[3]C.anno, 2016. The unwritten British constitution: in need of a written one? Le petit juriste. Available at: https://www.lepetitjuriste.fr/the-
unwritten-british-constitution-in-need-of-a-written-one/ [Accessed July 21, 2021].

[4] Anon, Advantages and disadvantages of the UK constitution. Advantages and disadvantages table in A Level and IB Government & Politics.
Available at: https://getrevising.co.uk/grids/advantages-and-disadvantages-of-the-uk [Accessed July 21, 2021].

s[5] Dennett, A., 3. The features and sources of the UK constitution. Law Trove. Available at:
https://www.oxfordlawtrove.com/view/10.1093/he/9780198807315.001.0001/he-9780198807315-chapter-3 [Accessed July 21, 2021].

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