The advantages of a codified constitution now outweigh its disadvantages
‘The advantages of a codified constitution now outweigh its disadvantages.’ Discuss (40)
A codified constitution is a single document that sets out the laws, rules and principles on a how a state is to be governed, and the rights of the citizens; these are collected in one authoritative document. Its adversary is an uncodified constitution, where rules, laws and principles are not in one authoritative document, but are found in a variety of sources which may be written or unwritten. I will explore both the advantages and disadvantages of a codified constitution in this essay.
Some would say that, yes, there are more advantages of a codified constitution than disadvantages. One advantage of a codified constitution is the clarity of its meaning as it sets out the laws, rules and principles on a how a state is to be governed. Therefore, everyone who belongs to the constitution is fully aware of its meanings and obligations. This clarity of the codified constitution also makes the job easier for judges during the process of judicial review, as they pass the decision on whether new laws are constitutional or not, and by using the codified constitution, they can easily make their decision. The gathering of all the main principles and law in one authoritative document also gives the judicial system a convenient point of reference. As a result, this can protect the constitution from any new law which may endanger it. However, in countries such as the UK and New Zealand without codified constitutions the law is made up of conventions and works of authority which can slow down the judicial process as there are many different sources of the constitution’s law. Another advantage of a codified constitution is entrenchment which means that the fundamental principles of the constitution are protected, such as the right to trial before a jury. Therefore, high authority and special political powers are required to amend the codified constitution. Under entrenchment, there is a
A codified constitution is a single document that sets out the laws, rules and principles on a how a state is to be governed, and the rights of the citizens; these are collected in one authoritative document. Its adversary is an uncodified constitution, where rules, laws and principles are not in one authoritative document, but are found in a variety of sources which may be written or unwritten. I will explore both the advantages and disadvantages of a codified constitution in this essay.
Some would say that, yes, there are more advantages of a codified constitution than disadvantages. One advantage of a codified constitution is the clarity of its meaning as it sets out the laws, rules and principles on a how a state is to be governed. Therefore, everyone who belongs to the constitution is fully aware of its meanings and obligations. This clarity of the codified constitution also makes the job easier for judges during the process of judicial review, as they pass the decision on whether new laws are constitutional or not, and by using the codified constitution, they can easily make their decision. The gathering of all the main principles and law in one authoritative document also gives the judicial system a convenient point of reference. As a result, this can protect the constitution from any new law which may endanger it. However, in countries such as the UK and New Zealand without codified constitutions the law is made up of conventions and works of authority which can slow down the judicial process as there are many different sources of the constitution’s law. Another advantage of a codified constitution is entrenchment which means that the fundamental principles of the constitution are protected, such as the right to trial before a jury. Therefore, high authority and special political powers are required to amend the codified constitution. Under entrenchment, there is a