dimanche 21 février 2016

L2 Britain's UNCODIFIED Constitution


Reading Comprehension:

A written constitution for the UK is 'inevitable'
(Text 1, p. 24)

This document comments on Welsh First Minister Carwyn Jones’s calls for a codified constitution for the UK.
C. Jones contends that the need to protect local assemblies in Wales, Scotland and Northern Ireland demands / requires a written codified constitution. 
Under the current system, these assemblies may be repealed by Westminster at any time (like any other statute) without a vote by the people.

(NB: At a moment's notice)
(NB: To scrap = to repeal)

 If they were enshrined in a written constitution, it would be impossible for Westminster to scrap regional parliaments without putting the question to the people.

(NB: Should they be enshrined in a written constitution, it would be impossible...
 = If they were enshrined in a written constitution, it would be impossible)

Such a move would, without a doubt, put an end to the very principle of parliamentary sovereignty and would certainly officialise the fact that the UK is a looser entity with multiple centres of democratic accountability.

(NB: DO NOT CONFUSE: "lose / lost / lost (v.)" and "loose (adj.)" which is the opposite of "tight")

Yet, far from threatening its existence, a codified constitution would actually strengthen the UK as it could well convince Scotland to abandon its efforts to break away from the UK to become independent.



Scrapping the HRA
(p. 27)

According to the article, even though the Human Rights Act were repealed, UK courts would still apply principles enshrined in the ECHR.

Indeed, citizens could still take their case to the Court in Strasbourg and the precedents set by the court would apply in England, but citizens would not be able to bring an action in domestic courts first.

If a British Bill of Rights and Duties were adopted, convention rights would apply directly in UK courts again. However, the rights enshrined in this Bill of Rights may slightly differ from those of the Convention, so that while the right to vote might still be denied to prisoners, the right to education and to healthcare could be added. In that case the British Bill of Rights may not prove to be any less protective.


Nick Raynsford (MP: 1997-2015)
The Strengths and weaknesses of an Unwritten constitution:




Aucun commentaire:

Enregistrer un commentaire