The UK Now Needs a Written Constitution Essay Example | Topics and Well Written Essays - 1000 words

The UK Now Needs a Written Constitution - Essay ExampleA concise just broadly-worded reputation can help to achieve more political objectives and flexibility, but it cannot avoid conflicts between legislature and judiciary. Moreover, Britains integration in the European nitty-gritty calls for clearer and codified legal arrangements for the country. Hence, there is the general feeling today that the UK now needs a fully written constitution.Arguments against a Written ConstitutionAs early as the 1970s, Lord Halisham asserted that the UK required a written constitution to protect the country from a possible takeover by the communists especially at the level of lawmaking and policy manipulation. In the view of the worldwide agenda of Soviet expansionism and ideological intrusion inside the British intelligentsia, such a possibility could not be ruled out too. However, situation changed dramatically in the 1990s, and today the communist threat does not appear to be freelance(a) any m ore. Further, the renowned legal expert Barber comments that The United Kingdom is in the unusual position of having an unwritten constitution that works passably healthfulsufficiently well, at least, to allow us to consider whether we want a new constitution. Critics of a written constitution for the UK hold that such an arrangement whitethorn lead to serious disruption of the functionality of legislature and judiciary both alike.... power to decide or enforce fix tenure parliaments5 or command how a minister should behave overriding the directives of the already existing Ministerial Code.6 7 Britains integration in the European Union is another important termination in this sphere. Presently, Britain has a highly undefined relationship with the EU, since the unwritten constitution provides it with an opportunity of not codifying the fundamental tenets of its foreign policy. In the case R. v depositary of State for Transport Ex. p. Factortame (No. 2)8, the House of Lords did not effectively clarify the legal dimensions of the relationship between the British and EU legal practices. With relation to this case, the position of the UK merchant shipping legislation framework9 has been left largely unclear vis-a-vis the EU specifications. Similarly, there are certain points of conflict and confusion regarding the human rights laws10, effectiveness of European laws inside the UK11, etc. Some legal experts consider these sorts of vagueness actually provide enough flexibility even inside the orbit of European influence and slide by the risk of forced political choices.12 13 14 Reasons to have a Written Constitution A written constitution would not only read codification of the existing rules and conventions but also provide with an opportunity to reform the constitutional framework of the country as a whole. A written constitution would curb the excessive powers of the Parliament and safeguard the popular interests in front of aggressive political constitutional ism. Contextually, The realisation that parliamentarians had the power to fix their own remuneration and their pellucid incompetence in managing their expenses gave substance to the view that a fundamental review of our constitutional