1.
Clarity and Accessibility: Codification consolidates laws into a single document,
making legal provisions more accessible. For example, the UK Supreme Court in the
case of R (Nicklinson) v Ministry of Justice [2014] UKSC 38 emphasized the
importance of clarity and accessibility in legal frameworks, stating that clear and
accessible laws are essential for individuals to understand their rights and obligations.
Codification of the UK constitution, including the HRA 1998, can achieve this by
providing a clear reference point for human rights law.
2. Consistency and Certainty: Codification promotes consistency and certainty in legal
interpretation. In R (Unison) v Lord Chancellor [2017] UKSC 51, the Supreme Court
emphasized the need for legal certainty in interpreting human rights legislation.
Codification of the HRA 1998 would provide a clear framework for the consistent
application of human rights across different legal contexts.
3. Enhanced Accountability: Codification facilitates accountability by providing a
clear legal basis for challenging human rights violations. In R (Aguilar Quila) v
Secretary of State for the Home Department [2011] UKSC 45, the Supreme Court
emphasized the role of the HRA 1998 in holding public authorities accountable for
breaches of human rights. Codification strengthens accountability by making human
rights laws more accessible and enforceable.
4. Institutional Reform: Codification can prompt institutional reform to ensure
compliance with human rights standards. For example, in R (SG) v Secretary of State
for Work and Pensions [2015] UKSC 16, the Supreme Court highlighted the need for
reform in the administration of welfare benefits to ensure compliance with human
rights obligations. Codification of the HRA 1998 could prompt similar reforms to
enhance the administration of human rights.
5. Public Awareness and Participation: Codification promotes public awareness and
engagement with human rights issues. In R (Tigere) v Secretary of State for Business,
Innovation and Skills [2015] UKSC 57, the Supreme Court emphasized the
importance of public awareness in promoting human rights. Codification of the HRA
1998 would increase public awareness by providing a clear and accessible framework
for understanding human rights law.
6. International Reputation: Codification enhances the UK's international reputation as
a country committed to upholding human rights. In R (Al-Skeini) v Secretary of State
for Defence [2007] UKHL 26, the House of Lords emphasized the UK's obligations
under international human rights law. Codification of the HRA 1998 demonstrates the
UK's commitment to meeting these obligations, enhancing its international reputation.
In conclusion, codification of the UK constitution, particularly in relation to the
administration of the HRA 1998, can improve clarity, consistency, accountability, public
awareness, and international reputation in the protection and promotion of human rights. This
is evidenced by case law and legal principles emphasizing the importance of these factors in
the interpretation and application of human rights law.
