CODIFIED CONSTITUTION

Codified Constitution



Codified Constitution

Introduction

In case, the United Kingdom had a codified constitution, then there would have not been a need for the Cabinet Manual. The Cabinet Manual came into existence as part of Gordon Brown's plan to introduce a written constitution for the UK. This plan did not survive the changeover to the Coalition Government in May 2010. However, the handbook did. Subtitled 'A Guide to Laws, conventions, and rules on the operation of Government', the Cabinet Manual is certainly a wide range of document. Nonetheless, it is not a substitute for a codified constitution.

The manual falls short of being an entirely codified constitution - something it does not purport to be anyway for crucial for a number of good reasons.

In contrast to the U.S. Constitution, which, although it is pragmatic, but still controls the system, some fundamental constitutional relationship to the British constitution is characterized by an extremely fragmented. Its various sources regulate certain issues, and often do so only partially. Many important issues (the social system, political parties, socio-economic rights, etc.) in constitutional law not only settled, but not even mentioned. Under the Constitution, United Kingdom is a parliamentary monarchy and unitary state with a complex self-contained units and the special position of some of the historical regions (Scotland, etc.), the state with a democratic regime in terms of the two-party system.

Discussion

First of all, it only sets out to describe rules, conventions and Laws, not does not provide them with a legal status, beyond that which they might already possess. Second, it entrenches neither ITS content, protecting them against alteration, nor does it prescribe any procedure for amending them. Third, the way in the hand which has been, does not produce the kind of democratic fulfil that would be expected standards of a codified constitution. The initial drafting was carried out within the Whitehall and the only public involvement has been through a three-month period consultation on the draft text. There will be no Parliamentary vote on the manual, or no referendum. Fourth, is the issue of who owns the manual. A codified or written constitution would be a property of the society, the concept of invoking usually popular sovereignty through phrases such as “We the people” (Bogdanor 2001, Pp. 262-293). The handbook will be owned by the executive, and the draft text restates the existing doctrine of Parliamentary Sovereignty.

While it is not a written constitution, it is hoped that the Cabinet Manual stimulates a discussion of the current condition of UK arrangements, and whether it should be transformed into a written constitution. If the decision is taken to carry out this task and codify the constitution, then it would be possible to address a number of other matters. They include the absence of any reference in the draft document to what is the role of Parliament in decisions about entry into armed conflict. Many in Westminster hoped that the experience of Iraq in 2002-3 at least had a convention that helped to establish whenever possible ...