National Law being non-Codified but following principle of judicial precedent - Essay Example

The National Law and Judicial Precedent The UK labours under an enormous amount of legislation that addresses constitutional matters. However, the greater portion of these laws have not been codified. The consequence is the absence of a formal and clear cut way of isolating such legislation.1 A constitution, per se, comprises of a set of tenets that are aimed at establishing functions, duties and powers of the governmental institutions. In a codified constitution, the entire constitutional provisions are to be found in a single place.

However, such constitutions admit of very little amendment. On the other hand, uncodified constitutions, such as that of the UK permit considerable flexibility and scope for amendment or abolition of their contents.2It has been contended by some scholars that the UK could not entertain a codified constitution, principally due to the doctrine of parliamentary sovereignty. However, this stance has been challenged by other scholars, who are firmly convinced that parliamentary sovereignty and a codified constitution can coexist.

3 Nevertheless, there are serious consequences of not having a codified constitution. The courts regularly resort to judicial precedent, while deciding cases, at the time of interpreting statute law. 4 Precedent in the judicial context tends to deprive the judicial process of flexibility. There is an inordinate dependency on past events, which evolving social and political conditions tend to render irrelevant to the present. Similarly, what is decided under a particular set of circumstances today, would have to be complied with in the future, if a similar set of circumstances were to prevail.

This is patently unjust and unreasonable. 5 From the above discussion it becomes very clear that any system based on precedent is not in touch with the contemporary situation. Society and politics are dynamic systems, which keep evolving continuously. Such inexorable and persistent evolution necessitates a flexible approach, which is signally absent in any system based on precedent. This makes a strong case for adopting and implementing a codified constitution in the UK. BibliographyBlick A, (February 2011) ‘Codifying – or not codifying – the UK constitution: A Literature Review’ accessed 4 September 2012.

Duxubury N, The Nature and Authority Precedent (Cambridge University Press 2008).Elliott M and Thomas R, Public Law (Oxford University Press 2011).Jahku RS, National Regulation of Space Activities (Springer 2010).Winrow M, ‘Discuss and analyse the arguments for and against adopting a codified constitution in the UK’ accessed 4 September 2012.