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

National Law being non-Codified but following principle of judicial precedent - Essay Example On the other hand, uncodified constitutions, such as that of the UK permit considerable flexibility and scope for amendment or abolition of their contents.2 It 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 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. Blick A, (February 2011) ‘Codifying – or not codifying – the UK constitution: A Literature Review’ accessed 4 September