Analysis of the UK Constitution: Judiciary and Codified Constitution

This report provides a detailed analysis of the UK constitution, exploring the roles of the independent judiciary and the arguments for and against a codified constitution. It begins by examining the concept of an independent judiciary within the UK's unwritten constitution, highlighting its crucial role in protecting human rights from legislative interference. The report delves into the impact of the European Court of Human Rights and the Human Rights Act 1998. The second part of the report focuses on the codified constitution, outlining its key principles, advantages (such as protection of rights and limited government), and disadvantages (like rigidity). The report concludes by summarizing the key arguments and implications of the UK's constitutional framework.

CONSTITUTIONAL

Table of Contents
INTRODUCTION....................................................................................................................................................3
TASK 1 ....................................................................................................................................................................3
Independent Judiciary protecting the human rights............................................................................................3
TASK 2 ....................................................................................................................................................................5
Role played by conventions of UK there is argument in favour of codified constitution..................................5
CONCLUSION........................................................................................................................................................6
REFERENCES.........................................................................................................................................................7

INTRODUCTION
Constitution distribute and regulate the stated various power. Some rules and
regulation are stated in this which are able to protect the rights and also safeguard the interest
of citizen. Britain has unwritten constitution there is no single document which define the
fundamental laws. The independent Judiciary is able to protect human rights from
interference by the legislation (Mason and Stephenson, 2015). The codified constitution
stated that key constitutional provision which are provided with in the written single written
document.
TASK 1
Independent Judiciary protecting the human rights.
The Constitution of UK is an unwritten form which define various types of rules and
regulation and have to be follow by all the citizen. Judicial independent is the main concept
which is kept different from other branches of government of UK. This can play an important
role in the separation of power. In this concept judges are able to take effective decision
which are helpful in deciding the cases. This law concept is able to develop the international
human right. Independent judiciary is able to take effective decision which are in the interest
of citizen as well as country. They are able to protect human right which is mentioned in the
constitution. Human rights are related with the right of people through which they are freely
live and spend life easily. The European Court of Human Right is having impact on the
Judicial independence. This court is able to hearing the cases of UK and try to solve them in a
well and efficient manner (Kommers and Miller, 2012). This can develop the international
human right which is helpful for citizens to maintain their standard of living and raise the
same as well. According to the Human rights act 1998, every person having right to speech,
move anywhere in UK etc. Most of the constitutional theories require that Judiciary is the
different from other branches of government. The doctrine of separation of power is stated
that separate the power among executive, legislature and Judiciary. The Human rights act
1998, is framed by the act of parliament and mentioned various types of rules and regulation
which are able to protect the right of people and improve their standard of living as well.
Through which citizen can able to get all type of right and maintain their performance as
well. European court can solve the cease which are related with the rights of people. At

present most of law and policies has been already framed but in most of sectors human rights
are not even protected (Goldberg, 2011). There is a growing concern that, in most of sectors
of UK women harassment and child labour is increase day by day. For the same reason
government have to take corrective actions against them and imposed strict punishment to
them which is mentioned under the law. Punishment can be in the form of imprisonment or
penalty of specific amount or both.
According to the article 3 of human right act 1998, is stated that court interpret
primary as well as subordinate legislation through this they are compatible with the European
conventions of these rights. The interpretation of these type of rules and regulation is goes
beyond the normal statutory interpretation. The discrimination cannot be possible on the basis
of age, caste, rage, religion, and place of birth (Sundquist, 2011). These discrimination have
to avoid and follow various laws and regulation which are framed specially for to protect
human right.
There are some key principals of independent judiciary:
Rules of law- As they are able to some rules and regulation which are have to follow
by all the members. They are able to take decision which are in the interest of people and try
to remove corruption as well. The law must be clear and understandable which cannot be
constantly changing. With the help of court people can resolve their problems and try to get
best possible solution as well.
Separation of powers- There are three main branches of state such as government,
parliament and Judiciary. These all three are independent from each other. All are able to take
take their own decision and framed various types of rules and regulation which in the interest
of people. Powers must be separated on the basis of their rights and ability to take decision as
well.
An independent Judiciary must take corrective actions and try to protect the rights and
safeguarding the interest of people. In some sectors international human rights are not
protected through this women harassment and child labour are increase day by day which can
completely spoil the growth of country (Kearney and et. al, 2011). Every citizen having a
rights to file case if their rights has been ceased. If any person ceased or not provide the right
to people then members having rights file case against that person. Various types of
principals are stated in the case in the constitution which have to be fulfil by all the members.

Every person has to get updated themselves from current rules and policies which are framed
by the government.
TASK 2
Role played by conventions of UK there is argument in favour of codified constitution.
The codified constitution is stated in which key constitutional provisions which are
present in the written document (Bellemans, Colyn, Vandenneucker and Victor, 2012). In
this concept various types of principles are included which are beneficial for the entire
country. There are key principals of codified constitution which are as aligned below:
Authoritative- The constitution of UK can be stated higher law then the standard
legislation. This part of constitution is is able to create legislation.
Entrenched- The codified constitution is related with the entrenched which means
difficult or complicated to amend. If Judiciary try to amend then they have to face various
complexities.
Judiciable- it allows other laws to take judgement against it, whether they are
constitutional law or not. So type of activities are performed by judiciary.
As this is the government which is beneficial for them it has some disadvantages as
well which are as defined below:
Advantages of codified constitution-
Protection of rights- This concept is able to protect the rights of people and try to
safeguard as well. Basic such as freedom to speech, expression, freely moved from one place
to another etc. It means legislation is not able to cannot able to cease these rights of citizens.
Some important types of rules and regulation has been framed for protection of human right
(Halbrook, 2013).
Limited government- The rules which are framed by the government are becomes
clear. This concept is beneficial for the entire country.
Clear rules which are imposed on political procedure- The codified constitution is
able to allow for removal of precedent which is the part of procedure (Schwartz, 2013).
Through this step things are more clearly out which is help for country as well as citizens.
Disadvantages of codified constitution-

Rigidity- The constitution is difficult to amend as if government amend them they
have to face some complexities (Fisher, 2014). The constitution of UK has been amend only
27 times from 1787.
In the codifies constitution basic and effective rules and regulation has been framed. In which
define major duties, powers and activities of government which are imposed on them and
human rights and duties are stated under that. This is defined from various written and
unwritten sources. This must be defined by the act of parliament which is amended by them
as well. They are responsible to for for mentioned rules and regulation in the interest of local
people. The written constitution is not always clearly mention rules and policies. According
to laws judges are able to solve the cases (Jackson, 2013). If dispute arise among members in
which two or more parties are comes in the contractual relationship with each other. These
case are can be resolve by the judge only having a power to resolve them. These can include
some conventions which include acts of parliament, works of authority and much more.
CONCLUSION
On the basis of above report it has been concluded that, constitution of UK is
unwritten formate which define various types of rules and policies in the interest people as
well as for the entire country. The independent Judiciary is different from government which
are able to protect or safeguard international Human rights through which people can easily
spend their life in free environment. According to Human right act 1998, every person having
a right to freedom, expression, liberty and much more. Women harassment and child labour
are also increase day by day in most of sector of UK, as they are not follow those rules and
regulation.

REFERENCES
Books and Journals
Bellemans, J., Colyn, W., Vandenneucker, H. and Victor, J., 2012. The Chitranjan Ranawat
Award: is neutral mechanical alignment normal for all patients?: the concept of
constitutional varus. Clinical Orthopaedics and Related Research®. 470(1). pp.45-
53.
Fisher, L., 2014. Constitutional dialogues: Interpretation as political process. Princeton
University Press.
Goldberg, J.C., 2011. The constitutional status of tort law: Due process and the right to a law
for the redress of wrongs.
Halbrook, S.P., 2013. That every man be armed: The evolution of a constitutional right.
UNM Press.
Jackson, V., 2013. Constitutional engagement in a transnational era. Oxford University
Press.
Kearney, H.M., and et. al, 2011. American College of Medical Genetics standards and
guidelines for interpretation and reporting of postnatal constitutional copy number
variants. Genetics in Medicine. 13(7). pp.680-685.
Kommers, D.P. and Miller, R.A., 2012. The Constitutional Jurisprudence of the Federal
Republic of Germany: Revised and Expanded. Duke University Press.
Mason, A.T. and Stephenson, G., 2015. American constitutional law: introductory essays and
selected cases. Routledge.
Schwartz, B., 2013. American constitutional law. Cambridge University Press.
Sundquist, J., 2011. Constitutional reform and effective government. Brookings Institution
Press.
Online
constitutional, 2017. [Online]. Available
through:<https://www.merriam-webster.com/dictionary/constitutional>. [Accessed
on 29th April 2017].