Turn on thread page Beta
    • Thread Starter
    Offline

    0
    ReputationRep:
    anyone know of a good website discussion the topic? can not find anything really. help is much appreciated!

    Mario
    Offline

    0
    ReputationRep:
    Do I know of a good website for the discussion, for and against, of the topic of a codified constitution?! Of course I do, silly!
    • Thread Starter
    Offline

    0
    ReputationRep:
    (Original post by Snobpence17)
    Do I know of a good website for the discussion, for and against, of the topic of a codified constitution?! Of course I do, silly!
    f*ck off!
    Offline

    19
    ReputationRep:
    This is the kind of thing you should the journal search on Westlaw for... be sure to sort by relevance
    • Thread Starter
    Offline

    0
    ReputationRep:
    (Original post by jacketpotato)
    This is the kind of thing you should the journal search on Westlaw for... be sure to sort by relevance
    thank you!!
    Offline

    0
    ReputationRep:
    English law (common law) is based on the usage and never varies. Codified law (civil law) is based on voted laws by the Parliament. In civil law, judicial interpretations are based primarily on this system of codified written law, rather than on the rule of precedent that is emphasized in the common law. The law of evidence, so important in common-law countries, have no counterpart in the civil law. Examining the ‘Napoleonic code’ which was a codified system of law is considered the first successful codification and strongly influenced the law of many other countries. The Code, with its stress on clearly written and accessible law, was a major step in establishing the rule of law. Historians have called it "one of the few documents which have influenced the whole world." And on the other hand examining Sir Edward Coke’s definition of murder (which is when a man unlawfully kills another man and as a result becomes injured and subsequently dies after 101 days, can find said person guilty of murder) which is Common law, had been a definitive legal text for over one hundred and fifty years. The Napoleonic Code was abolished to make way for other ‘codes’ yet it had a massive influence on ‘future’ codifications. Cokes definition had an important role to play in English law, yet subsequently instead of being abolished, had just been amended. In R v R [1992] 1 AC 599 statute law (part of the codified civil law) found that a man could not illegally commit rape on his wife, as it would simply not be construed as rape. The House of Lords over-ruled this decision in 1991 during R v R and it set precedent in Common law. The argument is that Common law evolves by precedent, whereas Civil law is basically set in stone and is quite out-dated at times. Therefore I believe the system we have at the moment, is more fair and democratic then an overall codified system.

    Hope that helps somehow - this is what I wrote at college.
    • Thread Starter
    Offline

    0
    ReputationRep:
    That's very helpful! Thanks for sharing!
    Offline

    0
    ReputationRep:
    Some ideas:

    For: legal certainty, helps guard and enshrine basic rights and liberties, limits executive dominance

    Against: undermines parliamentary sovereignty and invests too much power in the hands of judges, removes flexibility of being uncodified, practically difficult to implement and condense given multiple sources of law etc (common law being especially difficult to codify).
    • Thread Starter
    Offline

    0
    ReputationRep:
    (Original post by statics)
    Some ideas:

    For: legal certainty, helps guard and enshrine basic rights and liberties, limits executive dominance

    Against: undermines parliamentary sovereignty and invests too much power in the hands of judges, removes flexibility of being uncodified, practically difficult to implement and condense given multiple sources of law etc (common law being especially difficult to codify).
    Cheers
    Offline

    0
    ReputationRep:
    Professor Michael Zander examines the academic arguments for and against the issue of codification in the current sixth edition of The Law Making Process at pages 484 - 507 available from your library.
    • Thread Starter
    Offline

    0
    ReputationRep:
    Great book!
 
 
 
Reply
Submit reply
Turn on thread page Beta
Updated: July 30, 2009

University open days

  1. University of Bradford
    University-wide Postgraduate
    Wed, 25 Jul '18
  2. University of Buckingham
    Psychology Taster Tutorial Undergraduate
    Wed, 25 Jul '18
  3. Bournemouth University
    Clearing Campus Visit Undergraduate
    Wed, 1 Aug '18
Poll
How are you feeling in the run-up to Results Day 2018?

The Student Room, Get Revising and Marked by Teachers are trading names of The Student Room Group Ltd.

Register Number: 04666380 (England and Wales), VAT No. 806 8067 22 Registered Office: International House, Queens Road, Brighton, BN1 3XE

Write a reply...
Reply
Hide
Reputation gems: You get these gems as you gain rep from other members for making good contributions and giving helpful advice.