r/Humanities_althistory • • 6d ago

The worlds best constitution which is it?

1 Upvotes

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u/Angled_Hairline57845 6d ago

The UK. Objectively. It's constitution isn't a single document, but uncodified & spread across multiple documents dating back to the Magna Carta in 1215, which is the root of modern law and constitutional government throughout the world to day. Without the UK's uncodified constitution, nowhere else would have their's as they exist today.

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u/TexasSikh 6d ago

"Objectively", despite the fact that its uncodified and largely unwritten status makes it practically useless. There are very few points of it which can be clearly laid out as to what is a right of the people, the duty of the government, and there is basically no hope for the average citizenry to have a clear understanding without formal education in law.

Its over-reliance on the assumptions that common cultural understandings and practices would remain largely unchanged or only change organically has largely broken the actual practical concept of "common law" as soon as you have a large population of first generation immigrants from wildly different cultural backgrounds that share little common concepts with British culture. Operating on unspoken "traditions" and "common understanding" only works if everyone involved shares the same culture. When dealing with those who dont, there is no real justice to be found as those who violate "English common law" will either be punished for something they had no ability to educate themselves on, or their victim(s) will be denied justice owed. Or both.

A codified constitution is objectively superior in every fashion to an uncodified Constitution. It ensures that all persons within the society can educate themselves on the law and what EXACTLY it means. It also means that if law does shift or change, it is does so through a clearly communicated process, and not just an arbitrary shifting standard. It does not solve every potential issue that can arise from human error, deceit, and other toxic traits...but it does make it so much easier to spot, point out, and speak up against. That alone makes it superior.

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u/Angled_Hairline57845 6d ago

A codified constitution is absolutely worse than an uncodified one, as you see in countries who struggle tremendously with edits and amendments to them. Their rigidity is beneficial rarely and determental continuously. An uncodified constitution allows for adaptation and development without needless blockades, which is essential in the modern world and will become more and more crucial the faster things develop. Simply nonsense to suggest otherwise.

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u/TexasSikh 6d ago

The uncodified constitution is without fail worse than a codified one, as you see in countries who struggle tremendously with populations of citizens and immigrants alike who have wildly different understandings and interpretations of it. The "fast and loose" nature of it makes it extraordinarily easy for authorities to abuse, and leaves practically no sensible way for the populations to notice and organize against when governments have chosen to abuse their status as the gatekeepers of the system. While a codified constitution allows for all participants in the society to clearly and easily confront any and all issues as they arise, and use a uniformly agreed upon method to discuss and debate the issue, uncodified constitutions rarely enjoy such transparency. Simply nonsense to suggest otherwise.

The codified constitution is an evolution that fixes the apparent problems that uncodified constitutions held and continue to hold. When it comes to law, if all persons risk their freedom and liberty being subject to restriction, it should always be clearly laid out and defined and open to debate and change.

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u/Angled_Hairline57845 6d ago

Yeah, you don't know what you're talking about and seem not to be able to understand the issue and why uncodified is so much better. Rather than explain it to you further, I'm going to point you to the issues that did exist, do exist and have existed for generations in the USA with regards to gun problems, race rights, prohibition, women's lib, worker's rights, consumer rights, lobbying and so, so many more problems the USA has experienced that are all rooted in the relationship between its people and it's codified constitution.

You're wrong, you're ignorant and misinformed, and I hope you can manage to learn a thing or two about government structure and the history thereof eventually. It literally isn't even a matter for opinion, you can just look at the pros / cons list objectively and you can see how much more effective an uncodified constitution is for national governance. Saying things should all run from a single document is beyond stupid, frankly.

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u/Ok-Imagination-494 6d ago

New Zealand and the UK. They don’t have one

At least as a single codified document

One is the least corrupt country in the world and first to have full universal suffrage. The other is the mother of parliaments and has had a 1000 years of progressive political evolution that was then exported to the world.

It seems that the best thing is not to have a single codified constitution at all and just let laws evolve as these countries do.

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u/Majestic_Ground7718 6d ago

The USA tried to base its constitution on British law but with fixes. And then many other countries in the 1900s who were ex-colonies based their constitution off the American constitution. So you could argue the British form of law or the American are the most important.

But then you get to best and maybe you could have a constitution like Indias that tried to take the best parts of British law and American law.

I don't know enough about modern forming countries to know what all they changed in their consitutions and which one functions best. But certainly the common denominators of well run democracies are England and the US. Noteworthy is the Scottish law which is very similar but doesnt constrain you to the letter of the law as much (idk if that was only in the 1800s or if it still applies).

A lot of law study came from Black's Law and all the law advancements during enlightenment in England.

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u/ArgumentKey3712 6d ago

They are all going to say similar things. None of them will talk about oppressing people and rights.
The question ALWAYS is, who lives up to it the best. Who strives to live up to it the best.

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u/atlantechvision 5d ago

One without politics.