S ECTION 2
APWP – D ISCUSSION ESSAY
E SSAY QUESTION ( WORD GUIDANCE : 750 WORDS )
U SE THE APWP SYSTEM TO WRITE AN ESSAY TO ADDRESS THE FOLLOWING ESSAY
TITLE :
1. U NLIKE MOST MODERN STATES , THE UK DOES NOT HAVE A CODIFIED
CONSTITUTION . I NSTEAD , IT HAS AN UNCODIFIED ONE IN THE FORM OF A CTS OF
P ARLIAMENT , COURT JUDGMENTS AND CONVENTIONS . D ISCUSS WHETHER IT IS
TIME FOR THE UK TO ADOPT A WRITTEN CONSTITUTION ?
IN ANSWERING THIS QUESTION , YOU MAY CHOOSE TO :
- E XPLAIN THE DIFFERENT TYPES OF CONSTITUTION THAT EXIST ;
- I DENTIFY ADVANTAGES AND DISADVANTAGES OF A CODIFIED CONSTITUTION
- A NALYSE WHETHER IT IS AN APPROPRIATE TIME FOR THE UK TO ADOPT A
CODIFIED CONSTITUTION .
, A written constitution is an official document that codifies the rights of individuals and
governments, defines the political system’s laws, and describes the nature of the
constitutional settlement1. As such, the UK does not have a written constitution 2. The UK’s
constitution is composed of partially written and unwritten sources, such as codified customs,
authoritative texts, parliamentary acts, common law and EU legislation 3. First is the 1215
Magna Carta, which establishes some crucial principles limiting the monarch’s arbitrary
authority4. It is important for establishing citizen rights and restricting legislative authority
even if it is no longer relevant. A written constitution offers clarity and certainty. It
establishes protection of rights as well as limits government power. Conversely, a written
constitution raises concerns on its lack of flexibility. It has the potential for judicial activism
and may not adequately address social and economic justice issues.
A primary rationale for the UK to establish a written constitution is that clarity and certainty
would be provided by explicitly defining the rights and people’s obligations as well as the
government. The late Lord Chief Justice, Lord Bingham, said of the UK that “constitutionally
speaking, we now find ourselves in a trackless desert without map or compass” 5. When
comparing, with other countries’ constitutions, several subjects are not adequately covered
under the UK law. Such as in times of uncertainty and crisis, having a clear constitutional
framework is crucial, as the COVID-19 crisis has shown. The absence of clear instructions
and constraints on government authority has been criticised as the government has imposed
emergency protocols and limitations in reaction to the pandemic.6
1
Alexander Hamilton, James Madison and John Jay, The Federalist Papers: Alexander Hamilton, James
Madison, John Jay (Signet Book 1961) 84 > accessed March 18, 2024
2
Martin Loughlin, The British Constitution: A Very Short Introduction (2nd edn, Oxford University Press 2024)
>accessed March 18, 2024
3
Constitution” (UK Parliament) <https://www.parliament.uk/site-information/glossary/constitution/>
accessed March 19, 2024
4
“Magnacarta” (UK Parliament) <https://www.parliament.uk/magnacarta/> accessed March 18, 2024.
5
Tom Bingham, The Rule of Law (Penguin UK 2011) 198 > accessed March 19, 2024
6
Andrew Blick Dr, “The Constitution after Coronavirus: A Discussion Paper” (King’s College London 2020)
<https://consoc.org.uk/wp-content/uploads/2020/04/The-Constitution-after-Coronavirus.FINAL_.pdf>
accessed March 19, 2024.
APWP – D ISCUSSION ESSAY
E SSAY QUESTION ( WORD GUIDANCE : 750 WORDS )
U SE THE APWP SYSTEM TO WRITE AN ESSAY TO ADDRESS THE FOLLOWING ESSAY
TITLE :
1. U NLIKE MOST MODERN STATES , THE UK DOES NOT HAVE A CODIFIED
CONSTITUTION . I NSTEAD , IT HAS AN UNCODIFIED ONE IN THE FORM OF A CTS OF
P ARLIAMENT , COURT JUDGMENTS AND CONVENTIONS . D ISCUSS WHETHER IT IS
TIME FOR THE UK TO ADOPT A WRITTEN CONSTITUTION ?
IN ANSWERING THIS QUESTION , YOU MAY CHOOSE TO :
- E XPLAIN THE DIFFERENT TYPES OF CONSTITUTION THAT EXIST ;
- I DENTIFY ADVANTAGES AND DISADVANTAGES OF A CODIFIED CONSTITUTION
- A NALYSE WHETHER IT IS AN APPROPRIATE TIME FOR THE UK TO ADOPT A
CODIFIED CONSTITUTION .
, A written constitution is an official document that codifies the rights of individuals and
governments, defines the political system’s laws, and describes the nature of the
constitutional settlement1. As such, the UK does not have a written constitution 2. The UK’s
constitution is composed of partially written and unwritten sources, such as codified customs,
authoritative texts, parliamentary acts, common law and EU legislation 3. First is the 1215
Magna Carta, which establishes some crucial principles limiting the monarch’s arbitrary
authority4. It is important for establishing citizen rights and restricting legislative authority
even if it is no longer relevant. A written constitution offers clarity and certainty. It
establishes protection of rights as well as limits government power. Conversely, a written
constitution raises concerns on its lack of flexibility. It has the potential for judicial activism
and may not adequately address social and economic justice issues.
A primary rationale for the UK to establish a written constitution is that clarity and certainty
would be provided by explicitly defining the rights and people’s obligations as well as the
government. The late Lord Chief Justice, Lord Bingham, said of the UK that “constitutionally
speaking, we now find ourselves in a trackless desert without map or compass” 5. When
comparing, with other countries’ constitutions, several subjects are not adequately covered
under the UK law. Such as in times of uncertainty and crisis, having a clear constitutional
framework is crucial, as the COVID-19 crisis has shown. The absence of clear instructions
and constraints on government authority has been criticised as the government has imposed
emergency protocols and limitations in reaction to the pandemic.6
1
Alexander Hamilton, James Madison and John Jay, The Federalist Papers: Alexander Hamilton, James
Madison, John Jay (Signet Book 1961) 84 > accessed March 18, 2024
2
Martin Loughlin, The British Constitution: A Very Short Introduction (2nd edn, Oxford University Press 2024)
>accessed March 18, 2024
3
Constitution” (UK Parliament) <https://www.parliament.uk/site-information/glossary/constitution/>
accessed March 19, 2024
4
“Magnacarta” (UK Parliament) <https://www.parliament.uk/magnacarta/> accessed March 18, 2024.
5
Tom Bingham, The Rule of Law (Penguin UK 2011) 198 > accessed March 19, 2024
6
Andrew Blick Dr, “The Constitution after Coronavirus: A Discussion Paper” (King’s College London 2020)
<https://consoc.org.uk/wp-content/uploads/2020/04/The-Constitution-after-Coronavirus.FINAL_.pdf>
accessed March 19, 2024.
