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

Cultural studies Essay Example | Topics and Well Written Essays - 500 words - 1

Cultural studies - Essay Example This is possible when the spirit is free from the influence of the universal will and instead it should be moved by the pure will or pure knowing. â€Å"Hegel believes that the idea of individual consciousness is closely connected with the Notion of Utility† (p.355). (G.W.F Hegel, 1977). It is this Notion of Utility which gives a new shape to the human consciousness-that of absolute freedom which Hegel considers as the ‘essence of all actuality’. Thus Spirit, in this absolute freedom, is aware of its own pure personality and of all spiritual reality which is a product of the general will of all individuals as such (p. 356). But there is a tendency for the consciousness to abolish all the ‘social groups or classes which are the spiritual spheres into which the whole is articulated’ (p. 357). Thus, it is necessary to bring about a balanced notion regarding the concept of absolute freedom and the way it creates difference between the individual and the universal consciousness. According to Hegel, the individual needs to respond to both the universal consciousness and his own personal consciousness . On the other hand he should also make sure that he doesn’t adhere himself to the dictates of the universal consciousness. The element of being is the key to nourish one’s self-consciousness. The self- consciousness should never be allowed to live in a world of illusion thinking that it is accomplishing a particular work while fulfilling the universal work itself. (p. 359). Hegel is of the opinion that the universal will represents only one actual will in a self whereas all other individual will are excluded from it. That is why he considers government as the ‘individuality of the universal will’ which represents only the ‘victorious faction’ (p. 360). Therefore, any attempt to bring together the universal will with that of the individual will is quite impossible and one should negate the very notion of â€Å"the individual as a being existing