100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
UO Barber; Against a Written Constitution summary £9.76
Add to cart

Summary

UO Barber; Against a Written Constitution summary

 0 purchase

This is a comprehensive and detailed summary on Barber ;Against a Written Constitution summary for Constitutional Law. Essential!!

Preview 1 out of 1  pages

  • July 29, 2024
  • 1
  • 2019/2020
  • Summary
All documents for this subject (6)
avatar-seller
anyiamgeorge19
Barber, ‘Against a Written Constitution’ (2008)
Main idea: The UK has a constitution that works well despite its unwritten character and has
produced a stable government; codifying the constitution for no apparent reason carries
more risks than any advantages and thus is unnecessary.

Risks forcing through reforms that don’t carry public approval or are concealed
 Any reform to the constitution would likely be contained in a package deal, risking
unpopular reforms being passed on the back of other reforms
 People responsible for formulating constitutional conventions into writing could pass
their own judgment/evaluation onto the legal content, resulting in concealed reforms;
“hidden change effected without proper debate”
Risks shifting the power from democratic institutions to the judiciary
 Two positions
o Judges should prevent the state from infringing on individuals’ rights, uphold
obligations between & within institutions VS
o Political power can only be legitimately exercised through democratic
institutions
 To what extent will judges be required to enforce the content of the new constitution?
o “elected dictatorship”? would giving the judiciary more power shift the balance
to be more even?
o There already have been severe restrictions imposed on the govt (HRA, EU,
devolution) that granted judges more power; the rebalancing has already
occurred
 Many of the conventions would be difficult to enforce due to their informal/vague
character;
o Ministerial responsibility – already partially codified; how would a judge decide
what is a satisfactory answer to a parliamentary question without imposing
own personal judgment? What remedy would be available and to whom?
 Conventions shape and are shaped by a political relationship between the Parliament
and the government, which changes over time depending on the strength of each
institution; courts stepping in would lead to changing these conventions

Risks provoking a constitutional crisis
 Some of the issues, such as the relationship between EU and English law, would
have to be explicitly clarified
 This could provoke a constitutional crisis re: who is authorised to make these
decisions regarding the relationship? etc.
 It could be good because people are entitled to clarity on legal matters that concern
them; this would be a good opportunity to resolve the problem of allocation of power
within the system

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller anyiamgeorge19. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for £9.76. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

65309 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy revision notes and other study material for 15 years now

Start selling
£9.76
  • (0)
Add to cart
Added