A-Level Edexcel Politics Parliament: 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 seen 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 lies 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 politically destabilising for the country. There is debate over whether a Parliament can create a codified constitution, given the principle of parliamentary sovereignty that has existed in the UK for centuries. In addition, who would then supervise parliamentary control under a codified constitution and how could that satisfy 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 introduce more democracy and parliamentary sovereignty. According to this view, it is possible that the content of a codified UK set of laws 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 satisfies all political opinions

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