The UK is currently one of the few democracies in the world with an uncodified constitution and there has been debate on whether it should become codified. This essay argues that although having a codified constitution increases clarity for the population and limits government power, it is too rigid and unnecessary, and also contradicts the fundamental principles and values of the current constitution.
One of the most important reasons for the codification of the constitution is clarity for the citizens of the UK. It is argued that the current uncodified constitution is far too complex and therefore, the public have little insight and awareness of how the state is government and how it operates. Being able to access the country’s fundamental
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If a codified constitution requires 2/3 majority in both houses for an amendment, devolution would never have been passed by the Parliament, but we can see its benefits. How can we possibly know that what may be best for our current aims will still be best for us after a hundred years? Although people argue that adopting a codified constitution would prevent corruption in the Parliament, the people should be happy to leave policy decisions to their elected representatives and their judgement as they are more informed and educated about politics. They should trust them to govern the country as they wish because it was the people’s decision to elect them in order to do so. Democracy is regarded as the rule of the people, and therefore the executive branch should be able to create the laws and policies that the public have elected them to make in order to satisfy their wishes. An uncodified constitution is able to achieve this much more efficiently. Conversely, it can also be argued that democracy can never truly be ‘rule of the people’ because it is only the rule of the majority. For example, the EU referendum had a result of 51.9% voting to leave to 48.1% to remain. Even though the results were very narrow, Brexit is constantly regarded as “what the people want”. In this case, the “people” only applies to approximately half the population of the UK, excluding the 13 million that chose not to vote. “The will of the people” is a false construction that is used to delegitimise the opposition and shut down
A majority, held in restraint by constitutional checks and limitations, and always changing easily with deliberate changes of popular opinions and sentiments, is the only true sovereign of a free people. Whoever rejects it, does, of necessity, fly to anarchy or to despotism” (Basler,
The United States should adopt the Constitution to replace the Articles of Confederation. The new Constitution provides many advantages and new opportunities. First, the Constitution gives more power to the national government in many ways. For example, under the Articles the national government had to ask the states for money, but under the Constitution the government is provided with money and the power to tax. In addition, the Articles allowed states to regulate trade causing each state to tax one another's products.
It can do this by giving the us citizens the opportunity to voice their opinion to political officials through email, phone, fax and letter even. A full on democracy tries to make everything set and stone. With a representative, we as people, even in the minority, can still have the power to influence the representative to have our desires heard, which is fairly significant. 51% majority rule can absolutely be detrimental to someone of the lowest minority. With majority rule there can be power over the lowest class.
The constitution of the United States was a document created to fix the major problems the Confederation government had following its creation. The meetings in which the document was created founded the style of government that has lasted to this day. It created the Executive, legislative, and judicial branches of government, it created our bill of rights, and it separated powers between the states and the newly formed federal government. Negotiations started as very difficult between the representatives of the separate states.
Brettschneider argues that judicial review can often enhance democracy by protecting the rights of minorities and ensuring that the majority does not overstep its bounds. He notes that democracy is not just about majority rule, but also about protecting the rights of individuals and minorities. Judicial review, he says, can help to ensure that these rights are not violated by the majority, and can help to prevent the tyranny of the majority that was feared by many of the framers of the US Constitution. Brettschneider also argues that judicial review can be seen as an extension of the principle of popular sovereignty, since it allows the people to hold their elected officials accountable by giving them the power to strike down laws that are deemed
For every part of your government, we know what needs to be done. The main part of the government is the constitution, which includes the laws and rules of the land. A constitution is extremely important for the start
Democracy is a system where the majority rules. Peter Singer writes, ““It has long been recognized that there is a danger of injustice in democracy because the democratic system takes no account of the intensity with which views are held, so that a majority which does not care very much about an issue can out-vote a minority for which the issue is of vital concern. By civil disobedience the minority can represent the intensity of its feelings to the
The new constitution, a document granting the framework for a new democratic government, replacing the Articles of the Confederation. This new document gained approval from some of the citizens, but also raised questions and concerns from others. There was a constant back and forth between the two groups on whether or not the constitution should be ratified. This editorial provides historical background on the issue and expresses my opinion on which side I would’ve chosen.
Even our founding fathers didn 't want a democracy, because they thought it would cause disarray and issues. The United States of America is not truly a democracy for those
The Articles of Confederation was the first constitution of a newly formed country. Congress ratified the Articles in 1881. The Articles of Confederation gave the states significant power, but defined a weak central government. For example, the central government could not impose taxes. They could only collect revenue when states made donations.
After the Revolutionary War had come to an end, there were many challenges the thirteen colonies had to face. There were many economic, poverty, and social problems within the country. American citizens had a difficult time to adjust to the new national problems. It severely impacted them. These problems arose with a weak government established by the Articles of Confederation.
Which was something that the Framer's found unappealing because if they chose a democracy it opened the door to unlimited Tyranny-by-Majority. This why they condemned the "excesses of democracy" and abuses under any Democracy
Federalist 51 is a primary source from the time of the creation of the constitution. It was written by James Madison on February 8, 1788. It is an essay describing the Constitution 's usage of checks and balances system and why it was needed. At the time, the constitution was newly written. So, under the pseudonym of Publius; James Madison, Alexander Hamilton, and James Jay: three federalists (people who supported the constitution and favored a strong central government with power shared between states), wrote the Federalist Papers.
“The purpose of the United States Constitution is to limit the power of the federal government not the American people.” – The Federalist Papers. Our government is not the exact same way it was from the very beginning of its creation. It has changed dramatically over the course of about two-hundred years, as said in the video, “The Constitution must change for challenges in the future.” Truthfully, it has been changed and adapted to meet the ever changing needs of our society.
“Democracy is beautiful in theory; in practice it is a fallacy,” said Benito Mussolini. By the time one enters the third grade they become aware of concept of democracy. Specifically in America, one is taught that they live in a democratic society. When asking what is democracy, the answer is never truly defiente. The answers given may be; a society where everyone votes, or by dictionary definition “a system of government by the whole population or all the eligible members of the state; typically through elected representation.”