Constitutional reform Essay Example | Topics and Well Written Essays - 2250 words

Constitutional reform - Essay Example The rules that are provided in the constitution include the territories of the country, the language of the country and also the country’s religion (Turpin et al., 2007:41). With this in mind, there are various types of constitution varying from codified constitution to uncodified constitution, unitary to the federal constitution and also they are seen as either rigid or flexible. However, there is a common way of classifying the various types of constitutions in that the constitution is either codified or uncodified. A good example of an uncodified constitution is the British constitution while another example of a codified constitution is the constitution of U.S.A (Beatson, 1998:45). A codified constitution is one type of constitution where the important constitutional provisions are kept in a single document; thus, it is normally referred to as a written constitution. In a codified constitution, there are three main characteristics; the document placed in the constitution h as an authoritative power that it may constitute higher law, also it creates a binding effect between all political institution including those who make the ordinary law and finally the feature provided by the codified constitution are said to be entrenched. An uncodified constitution occurs on opposite sides with the codified constitution. The uncodified constitution is a type of constitution that has no legal document or well known as a written document. It consists of several rules that are provided by various types of sources in the absence of a written document. One of the characteristics of an uncodified constitution is that it has no authoritative power in that the government can amend and change the laws any time. Back to the main objective of giving an argument between codifying or uncodifying a constitution, there are several facts supporting the idea of codifying the constitution in the country. Yes, a codified constitution is needed though it is not flexible, and it is r igid. Referring to the discussions above which state the main purposes of the constitution of governing and regulating the government, it clears show that a codified constitution is needed. If a legal document lacks in the country, then how will the power of the government be determined? This means that without a codified constitution then the government of the country will have superior powers hence it will manipulate most of the issues in the country. This fact gives a clear understanding that a codified constitution so that clear and defined rules are set to prevent power abuse and overexploitation of the powers provided to the government (Heywood, 2011:10). When such act is implemented that is if a codified constitution is implemented then the citizens of the country will benefit a lot since their rights will be protected and clearly projected thus giving them the needed protection against the state. This will reduce certain case like that of Burmah Oil v Lord Advocate in case t he codified constitution is implemented due to the reasons of similarity in government’s legislative power (Chrimes 1967:42). When a referral is done to the problems seen in regard to the implementation of the codified constitution then there are suggested solutions to such problems. It seems to be a nightmare if one implemented a