Advantages of uncodified constitution
Uncodified constitution is a constitution where the elements maybe written but no single document is available to outline the state’s constitution. Among the few countries that have an uncodified constitution is Britain. The United Kingdom, unlike the United States has uncodified constitution. The laws in Britain as well as the codes and policies are developed through common law, convention, statues and more recently the European Union law.
There are several advantages associated with an uncodified constitution. This type of constitution is extremely flexible and adaptable. Because it is unwritten, this also means that it can be changed with great ease so it can deal with arising situations. Unlike in the case of a codified constitution, no special procedures are required. All that is needed in order for the practices to be a change is that parliament agrees change is a necessity. What is more, constitutional practices that are old are not ‘millstones’ that are difficult to handle in the case of uncodified constitution.
With uncodified constitution, there is also a suitable entrenchment given democratic consensus and which can be modified easily compared to a codified constitution. As long as there is a democratic process that is in place and the judiciary and Parliament act are selected as the guardians, then in more than one way, an uncodified constitution is the most fitted one in reflecting a world that is changing as well as changing circumstances.
Another benefit of an uncodified constitution is the fact that parliament is considered sovereign while the judiciary interprets and applies laws made by parliament. Unlike codified constitutions, uncodified ones aren’t set in stone. There are instances when what was deemed appropriate in the past becomes outmoded, inappropriate and anachronistic. Yet, the fact that it is written in a formal document might hinder or at times, prevent rational or timely change thus setting a country back. It is precisely because of reasons such as these that uncodified constitution is considered advantageous. Changes can be made to adapt to current day and meet the needs of the people at that particular moment. This flexibility is by far what makes an uncodified constitution impressive.
With uncodified constitution, it also means that parliament’s sovereignty cannot be usurped by any court hence there can be no resulting legal arguments or creation of unnecessary disharmony and dysfunction within the political institutions. An uncodified constitution can serve a country well compared to a codified one.
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