p.p1 {margin: 0.0px 0.0px 0.0px 0.

0px; font: 12.0px Arial}p.p2 {margin: 0.0px 0.0px 0.0px 0.0px; font: 12.0px Arial; background-color: #f1f1f1}p.

p3 {margin: 0.0px 0.0px 0.

0px 0.0px; font: 12.0px Arial; background-color: #f1f1f1; min-height: 14.0px}span.s1 {font-kerning: none}span.s2 {font-kerning: none; background-color: #f1f1f1}span.s3 {background-color: #f1f1f1}Some people believe that a small c constitution is more adequate in today’s fast changing society due to its flexibility and ability to amend or repeal laws easier compared to a capital C constitution such as U.

S.A.constitution in which changes of the laws require more complicate provisions such as two thirds majority of the congress and three fourths of the states (2). This has been seen in the slow amendment of the act concerning the possession of guns which has not been amended since 18th century and has caused many moral panics and insecurities between U.

S citizens. However, as proved by the Indian constitution which had 123 amendments since has been enacted, a codified constitution does not necessarily have to be rigid, therefore by codifying UK small c constitution would not necessarily mean that it would lose its flexibility, this depending upon its exact terms. Moreover, a codified and authoritative constitution would ensure protection of citizens’ rights such as freedom of speech, meaning legislation cannot trample over these rights, and would perhaps abolish the Parlamentary soveregnity that gives the right to the parliament to change any piece of legislation even those concerning Human Rights, as seen in Cameron’s proposal to suspend the HRA to deport Abu Quatada. Ensuring the citizens that their rights are protected and entrenched , especially nowadays when Britain prepares to leave the European Union, would happen by adopting a capital C constitution and an entrenched law protecting human rights such as Bill of Rights these fears would be abolished.Another argument in favour of a codified constitution is the role of the judiciary which might become greater than it is now. (3) It would perhaps entrust the judiciary with powers that would be more extensive and legally more secure. However, this position would only actually obtain if the terms of the constitution so prescribed . For instance it would also be possible to adopt a US-style constitution that invested the courts with the power to strike down or refuse to apply unconstitutional legislation.

This would, in effect, enable courts to perform in relation to Acts of Parliament a role that they presently perform, through judicial review, in relation to executive action and devolved and secondary legislation. Thus, the system would change in one which relies more on the courts to uphold legal-constitutional values and rights, and which reposed less trust in the sort of voluntary restraint and mutual respect upon which the current system relies. Some would argue that an inevitable consequence would happen by bringing unelected judges into the political arena, which may lead to some people questioning the democratic rule in the UK. However, judges as citizens of the country that are also prescribed with such role for the legal system in the UK it would be too in their best interest to allow legislation which is compatible with the values and norms of that country. Another argument is also that adopting a capital C constitution may prevent the further drift towards excessive executive power (4). As shown above, a codified constitution would create entrenched rights and would also prescribe the functions of the Government and other institutions that no radical body can change unless there is a common consensus and a super majority – as seen in the US model-  that ask for that change. However perhaps the major argument agains this change is that is simply unachievable because of this fear of change and if a written constitution was to be brought about with extra taxes to pay for referendums and implementation of the document many people will oppose it.

  This however is a consequence that could happen once before adopting it and would never happen again.


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