Significance of Written Constitution in United Kingdom

Running head: ESSAY 0
public law
JULY 25, 2018

ESSAY 1
Introduction
The constitution is document, which represents the most significant laws. The
constitution defines the power of government and rights of citizens. It gives the
authority within the jurisdiction. There are many types of constitutions such as
codified constitution, uncodified constitution, unitary constitution, and federal
constitution. Some countries have written constitution and some countries do not
have written constitution. United Kingdom has no documented constitution. United
Kingdom has rules of constitution documented in regulations, laws, and judicial
judgement.
The lack of written constitution in the United Kingdom has significant attention over
the past times in respect of meeting the expectations of the British citizens by current
constitutional arrangements. This matter is contentious in the principle of British
constitutional law. There are many consequences of not having written constitution.
The United Kingdom has no bill of rights to give the security to the people from an
over strong state. The written constitution provides the security from the activists or
rebels. If any external elements use power and try to neglect the self-governing
processes, then written constitution provides the security against these elements.
In this essay, the significance of written constitution in United Kingdom is discussed
and critically examined with the help of cases and examples.
Codified and uncodified constitution
The constitution, in which main constitutional provisions are placed in an only
document, is called codified constitution. Generally, it is known as written
constitution. It sets the duties, authorities, roles, and functions of the government

ESSAY 2
system in the word of higher law. It is judiciable. There are three main features of the
codified constitution. The major significance of codified constitution is that in codified
constitution, document has authority to establish the higher law. The second feature
is that codified constitution binds the administrative or political organisations
involving the organisations, which create the common law. The other feature of the
codified constitution is that it is not easy to alter or amend the provisions of codified
constitution1.
In the absence of the written constitution or codified constitution, a constitution is
made up of rules is called an uncodified constitution. The uncodified constitution has
no authority to make higher law. In the absence of higher law, there are no legal
standards. In the absence of legal standard, it is not possible for the magistrates to
announce the actions of other bodies are unconstitutional or constitutional. The
provisions of uncodified constitution are amendable. The provisions of uncodified
constitution may abolish or amend easily. It is not judiciable2.
Why United Kingdom does not have a written constitution
Most of all self-governing nations in the world have a codified constitution regulating
the part of common organisations within states. However, the United Kingdom does
not have one constitutional document. The reason is that it has been developed from
the 17th century to present period without legal moment. Contradictorily, the majority
of codified constitutions were legislated for new starting in the logic that they had a
historical break such as revolution. The other reason is that the constitution of United
Kingdom is even since the position of the constitution of United Kingdom is not
greater to other statues. Because of new constitutional improvements in United
1 Micheal Allen, ‘constitutional and administrative law’ (Oxford University Press 2011)
2 Neel Willson Barber, ‘Law and constitutional conventions’ (Sweet & Maxwell limited 2011)

ESSAY 3
Kingdom, the parliamentary sovereignty has under burden in present time. The
Human Right Act3 and the Devolution Act impose the restrictions on the authorities
and powers of the parliament of United Kingdom4.
Significances for adopting written or codified constitution in United Kingdom
Many arguments are made to support the opinion that it is required to adopt codified
constitution or written constitution in United Kingdom. The codified constitution will
make significant affects in United Kingdom. If United Kingdom adopts the written
constitution, then it will significantly influence the authority of government, powers of
government system, multi-stage governance, connection between parliament and
administrative authority, rights of citizens, freedom of citizens and relationship
between the magistrates and leaders. In latest period, United Kingdom has seen a
move to unnecessary administrative power lying with prime minister of country. For
example, in year 2003 in the case of Iraq Tony Blair stretched royal privilege
authorities and performed in his best interest by approving to interfere in the
worldwide war on terror. By adopting a written constitution, it will give guarantee of a
solid separation of rights and powers by which statutory and judges are able to
restrict excessive administrative power5.
The other opinion to support the written constitution is that it will make the rules and
regulations clearer. These major constitutional rules are placed together in only a
document, these rules and regulations are clearly specified in comparison of
unwritten constitution. In an unwritten constitution, rules and regulations are placed
in various different documents. An Unwritten constitution creates the confusion about
the meaning and significance of constitution. On the other hand, a written
3 The Human Right Act
4 The Devolution Act
5 Anthony King, ‘The British Constitution’ (Oxford University Press 2007)