Arguments For And Against A Codified Constitution Essay

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Judges are not the best people to enforce the constitution as they are unelected and socially unrepresentative.

If it became codified then it would be reflective of the values and preferences of senior judges not of the general public who the rules mainly affect.

Alternatively it can be said that a codified constitution protects and can better safeguard its citizen’s rights.

Disclaimer: This work has been submitted by a student.

The constitution in the UK is found in a variety of sources which are mainly statute and common law, conventions and traditions, European law etc.

There are arguments for the UK to both retain an uncodified constitution and to change this to a codified constitution like the USA.

Also it would easily become outdated and fail to respond to the constantly changing political environment.

If the UK’s constitution became codified then there would be a risk of judicial tyranny.

Punishment is hoped to achieve particular aims by implementing different theories of sentencing, depending on the sentencing policy will depend on the balance between six different theories.

Within deterrence theory, offenders and potential offenders must be evaluated, and it must be decided as to what will make an impact on them.

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