A-Level Edexcel Politics The Constitution: With reference to the source why

Question

With reference to the source why is codification seen as a difficult task?

The absence of a UK codified constitution is regarded by some to be of substantial significance and a major problem, but this position is not shared by all. There is disagreement about whether existing UK arrangements are desirable, or whether a codified constitution of some kind should be adopted. It is often held that establishing a codified UK constitution, where none already exists, would be a difficult task because of the antiquity and continuity of the UK constitution and its flexibility. It is also suggested that the lack of a critical moment in history provided by military defeat, colonial independence or revolution, helps explain why the UK does not have a codified constitution.

At the heart of the debate surrounding the reform of the UK’s constitution lie assessments of parliamentary sovereignty. This is a controversial subject, with disputes about both its nature and desirability. Many see the loss of parliamentary sovereignty as potentially establishing, for the first time, the idea that a Parliament can create a codified constitution, given the principle of parliamentary sovereignty itself, and the potential issues this raises. Additionally, who could or should supervise parliament could result in a codified constitution and how could that fit and please all political viewpoints?

The commonly held view is that there is, in practice, a direct choice between either the retention of parliamentary sovereignty or the establishment of a codified constitution. On the other hand some suggest that a codified constitution could be difficult to articulate in a uniform and supplementary sovereignty. According to this view, it is possible that the content of a codified UK settlement could include reference to parliamentary sovereignty. A text could bring together the fundamental principles, sometimes called conventions, of our constitutional arrangements the most important of which is that Parliament is sovereign.

With reference to the source why is codification seen as a difficult task? The absence of a UK codified constitution is regarded by some to be of substantial significance and a major problem, but this position is not shared by all - Edexcel - A-Level Politics - Question 1 - 2018 - Paper 2

The antiquity and continuity of the UK’s constitution

The flexibility of the UK’s constitution

No major ‘trigger’ event to create the demand for a codified constitution

Problems associated with parliamentary sovereignty

Difficulty in creating a codified constitution that pleases all shades of political opinion

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