In Progress
Lesson 1, Topic 77
In Progress

In favour of a codified constitution

While many of the developed jurisdictions around the World share the same legal fundamentals, not all of these have a codified constitution. Many academic scholars argue that the best way to protect these important legal principles is to have a clearly defined document that sets out the freedoms and rights of a country’s citizens and is more powerful than any government of the day. Some say that a strong codified constitution better protects against an extreme and tyrannous government determined to strip back the longstanding values of a nation. A codified constitution could help to ensure that no matter who is in power, the rights and freedoms of all people will be protected and asserted.

In a keynote speech, Lord Neuberger said in 2014 that, in support of a codified constitution: “We are in a new world whose increasing complexity appears to require virtually every activity and organisation to have formal rules as to how it is to be run and to work, and there is no obvious reason why that should not apply to the most important organisation of the lot.”

However, there are no guarantees that these principles won’t be changed. Amendments to a constitution are possible if supported by the legislative chamber. In the US at least, these are exceptionally rare though; there has been only 27 amendments ratified since the constitution was enacted in 1789 and only eight in the last 100 years.