LA4014 Public Law Essay: Codified Constitution in the UK - Evaluation

This essay provides an in-depth analysis of the UK's constitution, evaluating the debate surrounding its uncodified nature and the potential benefits of a codified system. The essay begins by defining public law and its significance in the relationship between individuals and the government, highlighting the unequal power dynamics. It then explores the core principles and sources of the UK's constitution, including parliamentary acts, court precedents, and conventions. The main body of the essay discusses the arguments for and against a codified constitution, examining the flexibility of the unwritten constitution versus the clarity and certainty offered by a written one. It considers the potential risks of an unwritten constitution, such as the abuse of power and the uncertainty it creates for citizens' rights, particularly in light of historical examples. The essay also evaluates the advantages and disadvantages of a codified constitution, addressing concerns about rigidity and the need for amendments. Ultimately, it assesses whether a codified constitution is the best option for constitutional reform in the UK, considering factors such as the protection of individual rights, the accountability of the government, and the overall stability of the legal system.

Public Law

TABLE OF CONTENT
TABLE OF CONTENT...................................................................................................................2
INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................9

INTRODUCTION
Public law basically is the law that is related to the relationship that exist between the
individuals and the government of the country. The law basically comprises of all the laws that
relates to the administration of the country, criminal acts of the country and also the laws that are
related to the taxation. This law have very significant importance as there exist unequal
relationship between that of the government of the country with its individuals as more powers
are given to the government and only rights have been assigned to the individuals1. The
government of the country is authorised to make laws that helps in the governance of the nation
and the individuals have to abide by it. If any individual is not happy with any of the decision so
made by the government, they can always ask for judicial reviews.
The aim of this essay is to make an evaluation that whether the constitution which is
codified in the best option to make reform in the UK constitution or not.
MAIN BODY
The law of constitution mainly is the law that helps in defining the duties, responsibilities,
powers, position, structure, etc. of various different kind of entities that exist within the nation.
These entities may be judiciary, legislative authorities, administrative bodies, parliament, etc. in
the whole world there are many countries of which many of them have written constitution, like
United States (US), but few countries like United Kingdom (UK), do not have a written
constitution.
Even though the constitution of the UK is not written, it still have many other principles
which are followed by the nation. The supreme court of the UK recognises four such principles
and also the statutes that helps in giving the proper shape to the powers assigned to the political
parties. In UK there are three main sources which are considered i.e. the acts which are made by
the parliament, the decisions of the court which are commonly termed as “precedents” and lastly
the conventions. All these sources helps in the proper governance of the country2.
Many a times there has been a debate over the codified constitution. Many argued that UK
needs to have codified/written constitution. But, UK never really felt the need of it. The best part
1 Gordon M, 'Brexit: A Challenge For The UK Constitution, Of The UK Constitution?' (2016) 12 European
Constitutional Law Review
2 Harvey M, 'CHANGING THE CONSTITUTION: How Nationalist Parties In Regional Government Are
Bringing Change To The UK Constitution' (2019) 8 Federal Governance

of the unwritten constitution is that it do not need to go through many phases to change any law
or modify or even add any new law, like several other nations. The unwritten constitutions are
always flexible and they do not require lengthy debates or several permissions from various
authorities. Often there are cases seen in other countries where the trends change with the society
but still is not legally accepted due to the lengthy procedure of the making of the law by the
government. United kingdom on the other hand, if wants to add any law in the country follow a
simple process. The process start with the introduction of the bill in the house of common where
it is debated, discussed and later is modified if any changes are seen to be made. Once the bill is
accepted in the House of Commons, it is sent to the house of lord, where again the detailed
discussion takes place and the changes are made if seen necessary. Once the said bill proposed is
approved by both the houses, it is sent to the Queen for her royal accent. This is how the bill
comes into force in UK3.
But, just having an easy process of making laws does not proves anything. UK have good
image in the whole world and also the reputation of the politicians have been the reason it has
survived for these many years. Earlier the UK was part of the European Union but now it is no
more its part. There are various number of reasons due to which UK never really could make
their constitution in a written form. Constitution gives clarity to the country and its individual,
provides them with the rights and duties to which they are obliged to, given authority to the
parliament and also provides with the contravention punishments in case any government body is
involved in fraud or illegal acts. There are several reasons for which the constitution is treated as
a necessity to the country. The uncertainty in the UK many a times creates confusion and also
leads people to get trapped in those uncertainty4.
Individuals can never be trusted fully with the exclusive powers. Till date the government
was very good in the UK but what if in next election bad government come into force and they
start to abolish the House of Lords or all the future elections that will take place, or any other
such things that might affect the country severely. What will happen to the citizens and other
individuals’ living in the UK? It is time that UK start thinking of the future of the country and its
citizens. The unwritten constitution only is providing with the uncertainty and there is nothing
which any individual can do in future if any such situation arises. Need of a proper and
3 Harrison K, and Boyd T, The Changing Constitution (Edinburgh University Press 2017)
4 Fordham M, 'Secrecy, Security And Fair Trials: The UK Constitution In Transition' (2017) 17 Judicial
Review

systematic body of law is important for UK, so that the laws can help in the protection of
country’s people and their rights. Constitution law in UK will help the country with those who
have wrong eye upon the country or is not careful with the protocols or statutes of the country.
In Germany, long back when the country was rules by the Hitler, he misused his powers and
made almost everyone suffer in his time of rule. He was the person who found gap in the
constitution of the Germany and took advantage of it. He knew that the people are not aware of
the laws and therefore full advantage can be taken by him and abused his dominant position and
make citizens and all other individuals residing, suffer. The similar situation can also be of the
UK if the constitution is not soon written down. The people have uncertainty with their rights.
Once any vicious leaders enters the parliament and wins the election, the country will no more be
safe for any individual to live peacefully5.
Having a leader in a country is great but not defining and limiting their powers in written
form is dangerous. Even if the country have many statutory laws which are in written form but
compiling the rights of the individuals in UK and stating the powers given to the leaders is much
needed to provide certainty. Rules are made for the people and for their safety but there is not
such document which assures or gives the citizens of UK any guarantee that their rights are safe
and no one can take it away from them. The constitution also provides with certainty to
individuals that their rights which are fundamental cannot be changed or abolished in any
situation except in case of emergency.
Many experts also argued that the UK have written constitution in various different statute
passed by the parliament. Well, agreed that the statutes are in written form, but still it does not
prove that the uncertainty is not present. The parliament of the UK needs to compiles all the laws
together to form a constitution so that they have a codified constitutional law. In UK there are
only 2 principles which are majorly taken into consideration6. First is that the Queen has the
supreme authority and no individual can go beyond her decision, not even parliament. The
second is that the parliament of one state cannot bind the parliament of another state in UK. Even
the existence of the parliament is in danger. It can be changed at any minute if the queen thinks
fit. Parliament is also given with limited powers to which they too do not have full access to. But
5 Murkens J, 'Democracy As The Legitimating Condition In The UK Constitution' [2017] SSRN Electronic
Journal.
6 Ceil C, 'The Concept Of Separation Of Powers Is Not Well-Respected In The UK Constitution' [2018]
SSRN Electronic Journal

when it comes to individuals or citizens, parliament have more power than that of them. The
parliament can also misuse their powers if they want to. Constitution is that document that helps
in defining the country and its laws. When any research or study have to take place, generally the
constitution of various countries are taken into consideration. But when it comes to UK, an
individual have to widen their research and read all the statute to draw conclusions.
UK is always proud of its flexibility to make modifications and changes in the laws. But the
thing is that even if the codified constitution makes it rigid for the laws to be changed, it still
have provision in the law that the modifications and changes can be made through making
amendments to the laws7. The process may be lengthy or rigid, but the certainty prevails and the
security of the country is at the above. Along with the advantages of the written and codified
condition, there are various disadvantages to it as well. None of the things in the world are there
which only have advantages, every things in its own have pros and cons including written
constitution.
As in the framing in time it is been home so that UK has faced serious cultural and the legal
issues as in regard to constitutional area because of unwritten constitution. Imports out to
maintain the regional areas through which the Parliament can thereby be not bound and favoured
in its means. As UK provides changes to be served as it according to the rights and rule it made it
quite difficult for all the individuals to maintain a favourable condition regarding the loss as
there are always variable changes that are being made in all the constitutional system. It indicates
necessary areas through which the nature can be served and all the equality and promotional
activities can be attained. As when the binding of the rules and laws are being made by the
Parliament it make the individuals to be confident about their system in contraventions through
which they used to get their exclusive powers8. But on the other hand when this is being
embodied in UK it is being critical evaluated that all the nature and the framework is
maintainable as it provides the further nature to impart the cultural aspects. Government of UK
has not made a proper codified law which at the time affect all the individuals that are being
working over there and they feel fear of their rights and liabilities that can be raised.
As UK has also taken exit from the European Union after which all the dealings and the
trade laws practices are being served according to the regulations and the rules that are being
made by the government and all the organisations and the people are not aware about what kind
7 Young A, 'Populism And The UK Constitution' (2018) 71 Current Legal Problems
8 White S, 'Brexit And The Future Of The UK Constitution' [2021] International Political Science Review

of duties they are being imposed the taxes that they will be going to serve after the Brexit has
taken place. This maintained uncertainty in the environment of UK as they do not have any
written constitution which probably faced out to make the people trapped regarding all the issues
in the process of working. The Taxes and all the GDP that has been taken earlier as when being
friends with the european conventions and unions are all changed and now when the government
used to make the laws according to their own will it can at any time imparts a change which will
create a rigid form for all the people or working over there. Is has evaluated the work of change
and also nullify the rights and responsibilities that individuals are being getting9. Husband UK
was a part of European Union it has European Community‘s act 1972 which also to be a legal
partner and to frame the laws and rules that are important for all the trading practices with that
there are certain Parliamentary acts and representation of the People act which holds out
embodies all the rights of the individuals and the methods through which the law can be imposed
but on the several times due to their unwritten method it like Saudi opportunities and a legal
basis through which the liberties can be framed in all the succession. The government has not
able to make commitments towards law and all the written manner.
The Constitution thereby provides the basic principle and all the important areas through which
the punishment can have been made in order to break the law but as compare to those individuals
of other countries there has been served that all the documents are being in written form play
some major impact on role towards the individuality of the person but ice and written
constitution there has been made the separation of powers, rule of law and super messy in the
Parliament as an executive an important features which affects out as the individuals do not get
serve with a proper opportunities and ideas all the rules can be made by the Queens bench
through the passing of the bill and which implies to make and frame various rights and
responsibilities applied on the individual and it can be changed on a certain moment this is being
difficult for individuals to adapt as they were not being aware about the rights and
responsibilities they are holding and also not get a proper knowledge about the laws which are
being available in the country.
Thereby all the essential principles should be added on in the written constitution should be
framed in UK so that all the adults should know about their general rights and responsibilities
which are being served to them as a member of the country in order to maintain democracy and
9 Gordon M, Parliamentary Sovereignty In The UK Constitution (2016)

to provide the constitutional major changes are needed to be made by the lords and the members
in the house lakhs of common and house of lords should imply to make a written constitution
through which individuals should get a better serving about their ideas and knowledge about the
legal rights and duties which they used to hold. All the court are trying to use their powers
through arbitrary means which implies a duty that no person are being able to raise a voice and
about their rights or about the actions that are being taken against them.
Thus, serving of all such type rights in a written form affects the country and also the
individuality of the persons living over there so the country should try to frame a proper written
law through which the individuals are get aware about their rights and responsibilities and also
about the norms and culture city used to follow. As with the change the laws and coming of
Brexit all the trade practises in the income tax which are being so by the business will be
different and it will depend upon the change in the legislations as people are unaware about the
rights and responsibilities and the change in the laws it will be quite difficult for them to face all
such matters related to trade practises. Proper written laws and tax imposition integrations can be
made in order to frame it10.
By refreezing and also by maintaining a proper codification in the laws it will help out to
permit various nature of changes through which the laws can be embodied in the houses will feel
to give the individuals a right and clarity about the government and the practices that are being
holed by them it also so about the protocol for the status of the countries through which the
organisations and individuals will not suffer any ham and will know about the Leads and the
methods through which they should work. Constitutional remedies in the programmes through
which a loss can be written and codified Provides a satisfaction to all the individuals in relation
to the rights and when all the laws are being properly framed it helps out to know about the
better understanding in the legal viability through which a person can know and imparts about
the regulation status been imposed in it. It regularise all the natures and the aspects through
which work and we attain any proper functionality of the working environment can be made.
This imparts the regular activities through which the norms in the cultures with all the ethical and
legal values will provide the legislation to be very worked out in a proper manner. The frames
out individuality of the person and also make them proper liberal with their rights and the
commitment toward the laws and imparting them to be even serve in a favourable condition that
10 Payne S, 'The Supreme Court And The Miller Case: More Reasons Why The UK Needs A Written
Constitution' (2018) 107 The Round Table

are being made with exclusive power and rights11. It helps out UK to face major issues and
challenges regarding the legal aspects as if the individual news about their rights it will help
them to work in a favourable condition and also make them motivated if any of the illegal
activities taken place.
CONCLUSION
From this above essay it is concluded that, public law provides the relation of all the
individuals in the government in the country is it helps out to administer all the rights and
responsibilities that are being halted in the criminal acts and all the activities related to taxation.
Constitution plays an important role in all the countries and laws as it helps out to frame the laws
and with that serves out the rights and responsibilities with the power, structure and the positions
which are withdrawn for the individual is right. It covers various legislative, administrative and
judicial authorities. UK should try to impose a proper written and codified law through which the
individual should know about the proper legal rights and responsibilities that are being served to
them. As a codification of lawyers important for all the individual send the practises so that they
should get a proper knowledge about the several return and flexibility permissive to their
methods.
11 Smith R, 'Human Rights And The UK Constitution: Can Parliament Legislate “Irrespective Of The Human
Rights Act”?' (2018) 6 Legal Information Management

REFERENCES
Books and Journals
Ceil C, 'The Concept Of Separation Of Powers Is Not Well-Respected In The UK Constitution'
[2018] SSRN Electronic Journal
Fordham M, 'Secrecy, Security And Fair Trials: The UK Constitution In Transition' (2017) 17
Judicial Review
Gordon M, 'Brexit: A Challenge For The UK Constitution, Of The UK Constitution?' (2016) 12
European Constitutional Law Review
Gordon M, Parliamentary Sovereignty In The UK Constitution (2016)
Harrison K, and Boyd T, The Changing Constitution (Edinburgh University Press 2017)
Harvey M, 'CHANGING THE CONSTITUTION: How Nationalist Parties In Regional
Government Are Bringing Change To The UK Constitution' (2019) 8 Federal
Governance
Murkens J, 'Democracy As The Legitimating Condition In The UK Constitution' [2017] SSRN
Electronic Journal
Payne S, 'The Supreme Court And The Miller Case: More Reasons Why The UK Needs A
Written Constitution' (2018) 107 The Round Table
Smith R, 'Human Rights And The UK Constitution: Can Parliament Legislate “Irrespective Of
The Human Rights Act”?' (2018) 6 Legal Information Management
White S, 'Brexit And The Future Of The UK Constitution' [2021] International Political Science
Review
Young A, 'Populism And The UK Constitution' (2018) 71 Current Legal Problems