Thursday, May 9, 2019

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

National Law being non-Codified but following commandment of discriminative precedent - Essay ExampleOn the other hand, uncodify constitutions, such as that of the UK permit large 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. 3Precedent in the judicial context tends to deprive the judicial process of flexibility. There is an inordinate dependency on past events, which evolving mixer and political conditions tend to render irrelevant to the present. Similarly, what is decided under a particular set of luck 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. 5From the above discussion it becomes very clear that any system found on precedent is not in touch with the contemporary situation. Society and politics are dynamic systems, which keep evolving continuously. Such severe 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.Blick A, (February 2011) Codifying or not codifying the UK constitution A Literature Review accessed 4 September

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