Advantages Of Codified Constitution In The United States

A constitution is defined as a ‘body of fundamental principles or established precedents according to which a state or other organization is acknowledged to be governed’. There are numerous types of different constitutions; unitary, federal, codified or uncodified, rigid or flexible. A codified constitution is one in which key constitutional provisions are provided within a single written document. To evaluate whether or not a codified constitution is indeed the best way to organise a system it is important to look at the system of government in countries who have codified constitutions such as the United States of America and compare them to countries who do not, such as New Zealand or the United Kingdom.

The most commonly used example of a codified constitution is that of the United States of America, which was brought into effect in 1787. The US constitution has several advantages in terms of creating a system of government that works. The first and potentially most important of these is that it ensures a separation of powers. Taking inspiration from Montesquieu in his work ‘The Spirit of Laws’, the founding fathers of America created a constitution which divides the federal government into three branches to ensure a central government in which no individual or group gains too much control. These branches are the Legislative, Executive and

It is one thing to say that the Bill of Rights serves as a basis for courts, it is also a document which is heavily acted upon through the interpretation of the courts. This was highlighted in 2015 by Senator Ted Crus when he stated that the nation’s highest court had “crossed the line” with its recent decision in favour of the Affordable Care act and same sex marriage. After which he called for a need to reign in ‘judicial