Codified Constitution Essay

Introduction

The objective of this essay is to examine if codified constitutions hinder effective decision-making and may undermine democratic processes. Based on analysis regarding the role of codified constitution in a democratic polity, it can be argued that a codified constitution does not hinder effective decision-making but may undermine democratic processes. Before it is possible to work effectively with the given statement it is necessary to isolate and define important terms. Thus, this essay will firstly define what codified constitutions, effective decision-making and democratic processes are. The definition of effective decision-making will have a major impact on the final assessment of the relationship between codified constitutions

First of all a definition of a codified constitution is needed. A constitution is in its broadest definition a framework for the political system and intends to bring stability, predictability and order to the actions of government. (Heywood, Andrew, p.332). Constitutions and constitutionalism stresses the status of relationship between the people and the government, in other words it protects the people from government tyranny, by giving unlimited sovereignty to the people and limits the government. (Waluchow, Wil, Ch. 2) A codified constitution is based on a single authoritative document, thus the document in itself is authoritative to all political institutions and statute laws, and therefore it serves as a higher law. The status of the codified constitution is secured through different entrenchment procedures, which makes it hard for the political institutions to amend or abolish it. At last if a codified constitution is authoritative, then it requires someone to enforce and police it, so that political bodies is subject to its authority. This is where supreme courts or constitutional courts become interesting, as they play this guardian factor in a democratic

This paragraph will proceed to the clarification of what decision-making is. Decision-making is one of the ‘faces’ of power in a democratic polity. In politics it is often thought that decision-making or law making is solely based in the legislative branch, but the executive branch is increasingly involved in policy-making through their cabinets, thus they complement the legislative branch in law making. (Heywood, Andrew, p.287) Some political scientist argues that as Supreme Court judges do their interpretation of the constitution in a given case, they are actually involved in law making as well, as their “output” could have decisive consequences. A few examples worth mentioning is Brown vs. Broad of education (1954) and Griswold vs. Connecticut (1965). Another theory in this regard is that no law has one single meaning, and therefore judges impose meaning on them, thus all laws are judge made laws. (Heywood, Andrew p.347) Decision-making is therefore a product of the law making process, which all three branches takes part in. So how do we determine effective decision-making? The following paragraph will try to answer