[1]A Parliament”. This power is known as ‘Henry VIII

1A constitution is a set of rules
which governs the organizations and functions of an association of people. It
has been acknowledged that the UK does not have a codified constitution. The UK
constitution can be found from various of written and unwritten sources. The
question is whether a codified UK constitution would enable it to meet
contemporary challenges. A codified constitution is where the basic or
fundamental laws establishing the system of government are written down, roles
and powers of the institutions of government and the duties and rights of
individuals are codified. For most of the last 800 years, the UK constitution
has evolved gradually in which 2may
influence some institutions within the constitutional framework to a
significant degree. The

One of the
contemporary challenge in the UK is Brexit. The UK has voted to leave European
Union. There is a significant legislation, which known as the EU Withdrawal
Bill, aims to ensure the European law will no longer apply in the UK after
Brexit. The bill will repeal the European Communities Act 1972 and remove the supremacy
of European Union institutions to legislate for the UK and the rulings made by
UK courts. The principle of supremacy of European law will no longer be
followed by the laws made by Parliament during post-Brexit. In order to provide
legal certainty in the domestic legal system, the European law will be
integrated into the UK law. The Bill provides for a complete mixture legal
continuity and constitutional change. 3The
Bill also gives the Government Ministers authority to change ‘retained EU law’,
which is the laws that converts into national laws by the Bill, if the certain
conditions are met. The power given can be used to amend primary legislation
and secondary legislation that is not ‘retained EU law’ as to resolved any
deficiency of ‘retained EU law’. However, whatever issues may arise in relation
to the Bill as the absence of a codified constitution in the UK gives unclear
rules for how such matter to be identified. Over the last 40 or so years, the
UK has depended on the European Union in making laws, 4plainly
transposing all European law into UK legislation will not be enough and
challenging. Therefore, some powers granted by the Bill to the government
allows to 5″make
any provision that could be made by an Act of Parliament”. This power is known
as ‘Henry VIII Power’ which will allow Government Ministers to amend or repeal
other Acts of Parliament. However, the Henry VIII Clauses provides an
unprecedented power to the executive, and hardly any limitations applied upon
them. Thus, it could be argued that a codified constitution provides a strong
check and balance on the executive power and limits the over-powerful
government as a result of the Henry VIII power. In a codified constitution, the
document itself is authoritative in the sense that it constitutes ‘higher’ law.
It would be possible to prevent the government from interfering the
constitution due to the existence of ‘higher law’ which provides a safeguard to
the UK constitution.

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There is a
major constitutional case which influenced the development of Brexit which is
the case of R (Miller) v State of Secretary for Exiting the European Union. As
a matter of UK constitutional law, the issue before the court is whether the
Government is entitled to give notice regarding the decision to leave the
European Union under Article 50 of the Treaty on European Union without prior
authorization by an Act of Parliament. The claimant in the Miller case argued
that the Government does not have the power under the Crown’s prerogative to do
so. The claimant also stated that the EU law rights under the European
Communities Act 1972 applied in the UK is granted by the Parliament, and so
could not be interfered by the Government. This illustrates that how lacking a
codified constitution leaves in the UK, and many important of the mechanisms
uphold it, open to the interpretation by the Government of the day.  Given the application of Article 50, a treaty
provision which has not implemented yet, 6the
actual mechanics of invoking Article 50 are ambiguous due to the lack of
precedence. The uncodified constitutional conventions in the UK have more often
been a source of confusion rather than a clarification. The fundamental
constitutional questions will become more pressing or even critical during the
process of leaving the European Union. Thus, a codified constitution would
clarify the law and makes it clearer. The major constitutional rules are
collected within a single document which helps to create less confusion about
the meaning of constitutional rules provides a greater certainty. By having a
codified constitution, it would protect the civil rights and liberties of the
citizen because it would define the relationships between the state and the citizens.
The rights could be defined through the Bill of Rights in the codified
constitution which would protect the people from executive dominants.

Major
changes and challenges were made to the UK constitution, yet how could a codified
constitution make a change. In order to have a satisfactory result in the
arrangements for governing the UK constitution, a clear rationale is necessary
as to when it is appropriate to involve demamding procedures such as a referendum
before a constitutional change is to be brought about, and when simple legislative
procedures are proposed. A major constitutional change includes the introduction
of fixed term parliament under the Fixed-term Parliament Act 2011 did not
involve a referendum. In addition, the present devolution scheme exhibited two of
the features including messiness and informality.

1  Mason – Lloyd L., Legal Framework of the
Constitution, The legal framework series

2 Neil
Parpworth

3 Mark
Elliot, ‘The EU (Withdrawal) Bill’ 2017

4’EU
Withdrawal Bill: A guide to the Brexit repeal legislation’ 13 Nov 2017

5 Ibid n3

6 Ashley
Cowburn , ‘Article 50: Everything you need to know once the Brexit process is
triggered’ 27 March 2017