Unwritten Constitution Importance

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SHOULD THE UK ADOPT WRITTEN CONSTITUTION? What is a constitution? What is an unwritten constitution? What is a written constitution? Constitution are codes of rules which aspire to regulate the allocation of functions, powers and duties amongst the various agencies and officers of the government and to define the relationship between these and the public. The agencies and the officers of government are the three organs of government; Executive (executers of the law), Legislative (makers of the law), and Judiciary (interpreters of the law). In layman terms, a ‘constitution’ is laid principles which tell how a country should be run and their interaction between the citizens of their member state. One can draw the significance and the importance…show more content…
Although the Magna Carta does not hold any legal stand now, this crucial document is an important part of British history. It has a symbolic value on the guarantee of the citizen’s right and the concept that there should be limited legislation. Following the Glorious Revolution the bill of right 1689, which is a major significance in modern day democracy , was enacted by the parliament. It became a source of inspiration for the United States first ten Amendments, added to their Constitution in 1791. It is a landmark for the protection of the rights of individuals and the limitation of the parliament’s authority on judicial decision. Other statutes include the Petition of rights 1628, Habeas corpus act 1679, and Parliamentary act 1911. All this act illustrate the fact that, while the U.K operates on an uncodefied or an unwritten constitution, the rights of individual are actually afforded to…show more content…
For example, in the United States of America although the written constitution are rigid and inflexible, the judicial system is given a huge authority to strike down laws on the basis that it is ‘unconstitutional’. In Comparison,the Human Rights act enacted in the year 1998 is a significant constitutional importance as it had stroked a compromise in the affording of rights to the people and the sovereignty of parliament. Furthermore, it had incorporated the European Convention on Human Rights, which meant that the rights of individual was recognised in the national laws and they were entitled to it. The Human Rights acts 1998 had given the judges a more specific, legal basis on which to measure the balance of the authority of the parliament to and the rights of the individual. Due to Parliamentary Sovereignty, there is no ability for a judicial review to occur at the primary stage; when a bill is been passed through the Two House of parliament. However the judicial branch can make a ‘Declaration of Incompatibility’ as allowed by the Human Rights act 1998 which gives this legal basis and individuals whose right has been infringed can seek redress and compensation. The Sovereignty of the Parliament is also retained as they can choose to review the laws called out by the court as incompatible. The whole system of constitutional principle
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