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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).
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.