Codification, Kinds of Codification, Merits and Demerits of Codes in legislation process

Introductory Remarks

During legislative process many terms we used in law sense like litigation, statue, ordinance, codification process and rules of interpretation of laws. In below we discussed about the terms codification and interpretation of laws in legislative terms and we define and elaborate these terms according to different jurists. English jurisprudence play vital role in codification and interpretation of laws in different sense.

Definition of Codification of Law

According to the Oxford Dictionary: " Code is a systematic collection of statutes, body of laws, so arranged as to avoid inconsistency and overlapping." This definition of codification is not exhaustive because it does not include common law and case law. In fact, codification is the systematic precess and reduction of the whole body of law into a code in the form of enacted law.

Codification implies collection, compilation, methodical arrangement and reduction to coherent form the whole body of law on any particular branch of it so as to present it in the form of a systematic, clear and precise statement of general principles and rules.

Certain condition are necessary for the codification of law. According to Roscoe Pound, the following important conditions lead to codification:

• The exhaustion for the time being of the possibilities of juristic development of existing legal materials, or where the legal institutions have become completely nature, or where the country has no juristic past, the non-existence of such material.
• The unwieldiness, uncertainty and archaic character of the existing law.
• The development of an efficient organ of legislation. 

The need for one uniform law in a political community whose several sub-divisions has developed or received divergent local laws.

 

 

 Learning Basic Knowledge and Principles of Legal Drafting Click Here

Types of Codification

we can divide codification process into following types:

• A creative code is that which makes a law for the first time without any reference to any other law. It is law-making by legislation. The IPC (Indian Penal Code) or PPC (Pakistan Penal Code) are belongs to this category.
• A consolidating code is that code which consolidates the whole law - statutory, customary and precedents on a particular subject and declares it. This is done for systematizing and simplifying the law. The Code of Justinian belongs to this category. The same is the case with the Indian Transfer of Property Act, 1882.
• A code may be both creative and consolidating. It may make new law as well as consolidate the existing law on a particular subject. The recent legislation in India on Hindu law and in Pakistan on Shariah court are the example of this kind.

Merits of Codification of Law

• The one great merit of codification is that law can be known with certainty. The law of contract in India as well as in Pakistan can be found by a reference to the Contract Act. Likewise, the rules of evidence in the country can be known by a study of the Evidence Act. Thee certainty of law avoids confusion in the public mind.
• Another advantage of codification is that the evils of judicial legislation can be avoided, According to Macaulay judge made law in a country where there is an absolute government and lax morality where there is no Bar and no public is a curse and scandal not to be endured. According to Sir James Stephen: " Well ! designed legislation is the only possible remedy against quibbles and chicanery. All the evils which are created from legal practitioners can be averted in this way and in no other. To try avert then by leaving the law undefined and by entrusting judges with a wide discretion, is to try to put out the fire by pouring oil upon it. Leave a judge with no rule or with one of those leaden rules which can be twisted in any direction, and you at once open to the advocate every sort of topic by which the discretion of the judge can be guided. Shut the lawyer's mouth and you fall into the evils of arbitrary government."
• Codification is necessary to preserve the customs which are suited to the people of a country. According to Rattigan: " To codify, on the other hand, the existing customs would perpetuate that system or retard its break-up. We should, therefore, not be hampering a healthy development but avoiding a disastrous tendency to disruption. We should not be introducing any novel or distasteful legislation but doing our best to maintain all that was healthy and good in a system which was suited to the people."
• The codification of law is necessary to bring about a sense of unity in the country.

Demerits of Codification of law

• Codification is not an unmixed blessing. It has its demerits also. Codification bring rigidity into the legal system. It cramps and impedes the free and natural growth of law. The law becomes petrified at the stage at which it is codified. According to Gardozo: The inn that shelters the traveler for the night is not the journey's end. The law, like the traveler must be ready for tomorrow. It must have a principle of growth.
• Codification results in the regimentation of the life of the people. A code gives a uniform law to the whole country. It does not bother about the differences in the sentiments,convictions, aspirations, customs and traditions of the people living in different parts of the country. Unfortunately, the various classes in society do not run on the same road at the same speed. The result is that liberty and individuality are sacrificed at the alter of uniformity.
• A code is the work of many persons and no wonder the provisions of a code are found to be incoherent. However if the work is done by competent persons, this defect can be avoided to a great extent,
• A code is likely to disturb the existing rights and duties of the people by creating new rights and duties in place of the old ones, It disturbs the fabric of legal order and create confusion and uncertainty.

Concluding Remarks

It is concluded that codification is an essential process of legislation having some advantages and also have some disadvantages, However it is the process which filter the laws from evils sides and makes it purified for the rights of the common peoples. The process of codification is also express the outcomes in the form of Interpretation and the way from which we interpret the legal documents.

Learning About Interpretation and Different Types of Interpretation Click Here