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A problem arises however, when deciding what is expected to deter others, Bentham (1789, p 1079) and more recently Walker (1991, p 1079) suggest that an appropriate action to be setting penalties to outweigh the benefits of committing an offence, however this relies on the premise that those who commit crime are rational thinkers and that are responsible for their actions.This premise however, causes conflict as to whether or not criminals are in fact rational within their actions or whether crime is in fact an act of impulse.
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Judges are not the best people to enforce the constitution as they are unelected and socially unrepresentative.
If it became codified then it would be reflective of the values and preferences of senior judges not of the general public who the rules mainly affect. A constitution is a set of rules which may be written or unwritten, establishes the distribution of power in a political system, the limits of government jurisdiction, the rights of citizens and the method of amending the constitution itself.An uncodified constitution is unwritten, or at least not written all in one document.The idea of deterrence is to stop individuals committing further offences, known as individual deterrence but to also by deterring potential offenders within the community from committing a similar offence.Zimring and Hawkins (1973, p 40) suggest this to be known as general deterrence, and works on the basis that punishment such as prison sentences deters criminals due to the fear of the punishment (Davies, Croall and Tyrer, 1998, p 300).It is a flexible constitution because it is not entrenched, the advantage of this is that it is up to date and relevant and it can adapt to changing political and social circumstances.If the UK’s constitution was to become codified then it would become more rigid because higher law is more difficult to change than statute law.The UK’s current democratic rule has been successful for a long period of time and changes in the constitution come about because of democratic pressure from the public.For example, the power of the House of Lords was reduced through the Parliament Acts.Any opinions, findings, conclusions or recommendations expressed in this material are those of the authors and do not necessarily reflect the views of UK Essays.The idea that punishment requires some sort of justification is because it is seen to involve some of infliction of suffering or pain (Bentham, 1789, p 45) and as a result can only truly be justified if its consequences are deemed to be beneficial (Bentham, 1789, p 45).