Arguments For And Against A Codified Constitution Essay

Arguments For And Against A Codified Constitution Essay-53
A problem arises however, when deciding what is expected to deter others, Bentham (1789, p 1079) and more recently Walker (1991, p 1079) suggest that an appropriate action to be setting penalties to outweigh the benefits of committing an offence, however this relies on the premise that those who commit crime are rational thinkers and that are responsible for their actions.This premise however, causes conflict as to whether or not criminals are in fact rational within their actions or whether crime is in fact an act of impulse.The idea of deterrence aims to make potential offenders think about their actions and the likely consequences of them (Davies, Croall and Tyrer, 1998, p 240).

Tags: Parts To A Business PlanPhd Research Proposal SamplePersuasive Essay On Raising The Driving Age To 18Best Thesis Editing ServicesGreenpeace EssayThe Most Cherished Childhood Experience Essay

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.

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.

This therefore leads to the question why change the constitution when it’s worked so well in the past for the UK?

In the UK having an uncodified constitution has been part of tradition for so long, and people don’t seem to question it, therefore there cannot be any real need to change to a codified constitution.

Any opinions, findings, conclusions or recommendations expressed in this material are those of the authors and do not necessarily reflect the views of UK Essays.

The idea that punishment requires some sort of justification is because it is seen to involve some of infliction of suffering or pain (Bentham, 1789, p 45) and as a result can only truly be justified if its consequences are deemed to be beneficial (Bentham, 1789, p 45).

Many people believe that having an uncodified constitution in the UK means that we have had a long history of democracy and changing to a codified constitution will jeopardise the democracy in the UK.

This therefore means that changing to a codified constitution may turn out to undo a long history of work on democracy in the UK which is in fact completely unnecessary.

SHOW COMMENTS

Comments Arguments For And Against A Codified Constitution Essay

  • Arguments For And Against A Deterrence Justification
    Reply

    Any opinions, findings, conclusions or recommendations expressed in this material are those of the authors and do not necessarily reflect the views of UK Essays. The idea that punishment requires some sort of justification is because it is seen to involve some of infliction of suffering or pain Bentham.…

  • Codified Constituion Essay - 1088 Words Major Tests
    Reply

    This essay plans to illustrate the pros and cons of a codified constitution and answers the original question; should Britain adopt a codified constitution? The main argument against a written constitution is that Britain has survived very well without one and that the strength of an unwritten.…

  • Politics Write an Argument Against the Adoption of a.
    Reply

    Essay Topic The constitution of UK is not unwritten, it is written but un- codified. Give your arguments for and against this statement.40 The codification of a constitution is the process of setting out a constitution in an organised way in a single document meaning it has a single source.…

  • Arguments for and against a codified constitution
    Reply

    Arguments against a codified constitution. - Less responsive + adaptable than an uncodified one, since 1997 there have been several changes not possible in a codified constitution - US constitution protects rights but did not stop the lynching of African-Americans - Govt. power is constrained by.…

  • Should the Uk Retain Its Uncodified Constitution - 1373
    Reply

    Free Essay Should the UKs constitution remain uncodified? A constitution is a set of rules which may be written or unwritten, establishes theThere are many arguments for and against codifying the UK’s constitution. Arguments in favour of codification include the increased stability this would.…

  • The UK and a codified constitution Politics tutor2u
    Reply

    Arguments for the UK having a codified constitution are that it would clarify the law, help to limit our over-powerful government and help to decentralise power. Arguments against include that, as the USA experience shows, a written constitution doesn’t always clarify the law, it gives too much power.…

  • Assess the arguments for and against introducing a
    Reply

    Should the UK have a codified constitution? R&P - arguments for or against censorship in music?Why make any real arguments against evolution when it's easier to knock down strawmen? Arguments for and against the UK continuing with its unwritten constitution.…

  • Should Britain have a codified constitution? - Advantages
    Reply

    If codified, constitutional changes would be difficult and time-consuming. It can also respond quickly to a changing political climate. Britain should have a codified constitution because it will ensure the people's political rights and it will limit the powers that come with Parliamentary Sovereignty.…

The Latest from strahuemvseh.ru ©