With reference to the source and your own knowledge, what tensions exist between creating a codified constitution and retaining the principle of parliamentary sovereignty? - Edexcel - A-Level Politics - Question 1 - 2018 - Paper 2
Question 1
With reference to the source and your own knowledge, what tensions exist between creating a codified constitution and retaining the principle of parliamentary sovere... show full transcript
Worked Solution & Example Answer:With reference to the source and your own knowledge, what tensions exist between creating a codified constitution and retaining the principle of parliamentary sovereignty? - Edexcel - A-Level Politics - Question 1 - 2018 - Paper 2
Step 1
Political Instability
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Answer
Creating a codified constitution could lead to political instability. This is because constitutional changes often lead to debate and division among parliamentarians, potentially resulting in a loss of public confidence in the government.
Step 2
Parliamentary Binding
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A codified constitution suggests that no parliament can bind its successor with any legislation. This raises questions about the permanence and authority of parliamentary acts, creating a tension where the principle of parliamentary sovereignty might be viewed as undermined.
Step 3
Constitutional Arrangements
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There might be difficulties in creating constitutional arrangements that allow both a codified constitution and the principle of parliamentary sovereignty to coexist. This tension raises concerns about how legislative power would be distributed.
Step 4
Consensus Issues
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Achieving a consensus in parliament regarding the contents and scope of a codified constitution is unlikely. As a body characterized by differing opinions, parliament may struggle to agree, leading to challenges in enacting such a constitution.
Step 5
Judiciary's Role
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A shift to a codified constitution would necessitate a greater role for the judiciary in interpreting constitutional provisions, which may conflict with parliamentary sovereignty that emphasizes legislative supremacy.
Step 6
Flexibility vs Rigidity
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The introduction of a codified constitution may bring rigidity, whereas parliamentary sovereignty allows for adaptiveness. This could lead to tensions between maintaining flexibility in governance and adhering to a fixed constitutional framework.