Can an unwritten constitution still be effective in today's political climate?

Question

Unwritten constitutions are uncodified.The UK does not have a written constitution, but the rules which shape and determie the formal legal nature of functioning of gov't are contained in a centuries old collection of historic documents, acts of parliament, Common Law, constitutional customs & traditions, and long- standing political usages , or practices.

Answer 1

I'd have to argue "no," for a few reasons.

Even though Britain is signatory to many international human rights treaties, Britain still has nothing like a real Bill of Rights outlining the claims of citizens against the state. The reason for this, is because if such a bill were enacted it would require an independent judiciary to enforce it.

Under the current (unwritten) constitution, every act of Parliament is by definition constitutional. Were Britain to enact a written constitution, they would have to also accept the division of powers argument, and the idea that Parliament can be overruled.

That Parliament should necessarily have the last say on matters is not a very effective safeguard against encroachments on Civil Liberties. After all, politicians are subject to mood swings on the part of the nation, and basic rights should not be subject to popularity. The only way around this is to have a written constitution, and an independent judicial system to enforce the basic law.

Answer 2

The Constitution was an attempt at combining the best of the ideas contained in these documents. Unfortunately, even a written constitution can be subverted by the whims of politics.

"Centuries old traditions" , I believe, is the key to why it works for Britain. I doubt that you could take, say, an African nation without centuries of written law, and govern it with an unwritten constitution, using someone else's legal traditions.

Answer 3

Unwritten law is lawful if it encompass all accepted practices and traditions in the administration of justice.

Answer 4

I don't exactly know how the system is in the UK. sorry