UK Constitution: Should it be Codified

Abstract

A Constitution is a vital part of a State, as it encompasses the fundamental principles and rules upon which a state exists. Considering the Constitution of the United Kingdom (UK) and the Constitution of Sri Lanka, there is an apparent difference: Sri Lanka operates upon the powers derived from a Codified Constitution, whereas the UK does not have a Codified Constitution but rather an array of legislation, judge-made laws and regulations. The system of laws and regulations within the UK has been encompassed in an Uncodified Constitution. Several academics and organizations have advocated for the codification of the British Constitution based on a balance of the power of the executive, stability, and clarity hoping to provide a clearer and more straightforward arrangement of the fundamental rules and principles according to which the state is established and governed. However, other scholars have contested it on the basis that it would make the Constitution conservative and anti-rationalist, and that it would be a rather disruptive process. The EU referendum in 2016, the EU withdrawal and other reforms have further added to this debate. Within this article, we closely observe and dissect the ongoing debate on the codification of the UK Constitution.