Why Is Uk Uncodified

The UK’s constitution, once revered as the matchless constitution , has come under scrutiny in regards to whether the recent constitutional system that it holds is the best way to govern a country. The definition of a constitution can be stated as a “whole system of government of a country, the collection of rules which establish and regulate or govern the government” .

The UK’s constitution is identified as an unwritten constitution, though not to be taken literally as the constitutional laws of UK can be found actually written but not necessarily all in the same place therefore a better description is stated as being “partly written and wholly uncodified” . It is said that the UK lacks codification compared to fellow countries like USA which do have a written constitution where the most important rules of their state can be found codified within a single document . What differentiates the UK constitution is that countries with written constitutions created them after conflicts

These can be statutes made by Acts of Parliament like the Magna Carta where parts of the statute still hold great importance such as the famous declaration that every free citizen has a right to a trial by jury . At the same time it is worth highlighting that only 3 of the 37 clauses of the Magna Carta is of relevance to the English Law today . If parts of the act are no longer required or is too antiquated to be applicable to today’s legal system the UK constitution allows amendments and new law to be made. Dicey theory is that there is generally no law which parliament cannot change which is far more flexible in comparison to written constitutions and it has been suggested that the very flexibility of the UK constitution is argued to be the reason for avoiding the problems which other countries faced which somewhat forced them into forming a constitution as an inevitability