How Codified Laws Can Be Amended And Altered

Codified laws can be changed, and the process of doing so is known as codification. This involves arranging laws, rules, or regulations into a systematic code. Codification can involve taking judicial decisions or legislative acts and turning them into codified law. This process does not always create new laws but arranges existing ones by subject into a code. Codified laws have a long history, with important codifications developed in the ancient Roman Empire and the first permanent system of codified laws found in imperial China. Today, codified laws continue to be changed, such as the recent attempts to codify Roe v. Wade into law to protect abortion rights in the United States.

The process of codification

Codification is the process of collecting and restating the laws of a jurisdiction, usually by subject, to form a legal code or a codex (book) of law. It involves taking judicial decisions or legislative acts and turning them into codified law. This process does not create new laws but arranges existing laws into a code, making the formulation of legal principles and rules more concise, clear, and thorough. The process of codification can be done through an act of Congress in the form of a federal law, or state legislatures can codify rights by enacting laws.

In common law systems, such as English law, codification is the process of converting and consolidating judge-made law or uncodified statutes enacted by the legislature into statute law. Most of England's criminal laws have been codified, enabling precision and certainty in prosecution. However, some areas of common law, such as the law of contract and the law of tort, remain uncodified.

The movement towards codification gained momentum during the Enlightenment and was implemented in several European countries during the late 18th century. It became widespread after the enactment of the French Napoleonic Code in 1804, which heavily influenced the legal systems of many other countries. The first permanent system of codified laws was the Tang Code, compiled in imperial China in AD 624, forming the basis of the Chinese criminal code. Other notable early examples include the Statutes of Lithuania from the 16th century and the Code of Ur-Nammu from ancient Sumer, compiled circa 2050–1230 BC.

Codifying Roe v. Wade

Despite some politicians expressing their desire to "codify Roe", Congress is not actively working to enshrine Roe v. Wade into law. This is because Roe v. Wade has not been in place since 1992 when the Supreme Court decided Planned Parenthood v. Casey, which upheld the ultimate holding in Roe but allowed for more state regulation of abortion.

In the absence of federal legislation, some liberal states like Massachusetts have passed laws that codify Roe v. Wade, and more are expected to follow suit. These states are also going a step further by protecting residents who help out-of-state women seeking abortions. On the other hand, states like Missouri are seeking to criminalize helping women who go out of state for abortions.

The midterm elections could change the makeup of Congress, which would impact the chances of passing any legislation protecting abortion rights. President Joe Biden has urged lawmakers to act over abortion rights following the Supreme Court's decision to overturn Roe v. Wade.

Congress's power to codify Roe

Codifying Roe v. Wade would mean passing a federal law that affirms a pregnant person's right to an abortion without undue interference from the government. This can be done through an act of Congress.

However, supporters of a national Roe law argue that Congress has the power to regulate interstate commerce, which has been defined very broadly by the Supreme Court. Congress could, therefore, keep states from preventing women from traveling for abortions. President Joe Biden has urged lawmakers to act over abortion rights following the Supreme Court's decision to overturn Roe v. Wade.

The most effective way to codify Roe would be for Congress to pass a law that would be binding for all states, such as the Women's Health Protection Act. This act was passed in the House but is considered unlikely to pass in the Senate due to the filibuster rule, which requires 60 votes to pass legislation. Republican senators Susan Collins and Lisa Murkowski introduced legislation that would codify Roe, but this bill also failed.

The midterm elections could change the makeup of Congress and impact the chances of pushing through legislation protecting abortion rights. If the Democrats lose the House or fail to gain seats in the Senate, the chances of passing such legislation would be slim.

Codification of canon law

Codified laws can be changed. For instance, the 1983 Code of Canon Law (CIC) was a revised version of the 1917 Code of Canon Law. The 1983 CIC, also called the Johanno-Pauline Code, is the "fundamental body of ecclesiastical laws for the Latin Church" within the Catholic Church. It was promulgated on 25 January 1983 by Pope John Paul II and took legal effect on 27 November 1983. The 1983 CIC is composed of laws called canons, which are organised into seven books.

Book I, titled 'General Norms', covers canons 1 to 203. Book II, 'The People of God', discusses the rights and obligations of laypeople and clergy, outlining the hierarchical organisation of the Church from canons 204 to 746. Book III, 'The Teaching Function of the Church', delves into Christian ministry, missionary activity, education, and social communication (Cannons 747-833).

Book IV of the 1983 CIC, named 'The Sanctifying Function of the Church', addresses sacraments and other acts of worship, designating regulations for places of worship, feast-days, and fast-days (Cannons 834-1253). Book V, 'The Temporal Goods of the Church', deals with ownership, contracts, and wills, akin to civil Business Law (Cannons 1254-1310).

Book VI, 'Sanctions in the Church', encompasses the canonical equivalent of secular criminal law. It establishes the necessity of violating a law and delineates the limits and requirements of penal law. This book also outlines various social cases, such as complicity, wilful default, and attempt, along with corresponding penalties, including censures and expiatory penalties (Cannons 1311-1399).

The final book, Book VII, 'Processes', covers procedural law, including trials and tribunals, special processes, penal procedures, and administrative procedures (Cannons 1400-1752).

Historical examples of codified law

Codified law is the process of arranging laws, rules, or regulations into a systematic code. It involves taking judicial decisions or legislative acts and turning them into codified law. Codified law exists in various domains, including commercial law, criminal law, and family law, and provides a structured approach to legal governance.

The Code of Hammurabi

The Code of Hammurabi, also known as the 282 rules, is one of the oldest and most comprehensive documented legal codes from antiquity. It originated in Mesopotamia and was authored on stone tablets between 2100 and 2050 BCE. The code is a Babylonian law document compiled between 1755 and 1750 BCE. It served as a model for securing justice in other societies and influenced Hebrew scribes' regulations, particularly those found in the Book of Exodus.

The Tang Code

The Tang Code was the first permanent system of codified laws, compiled in imperial China in AD 624. It formed the basis of the Chinese criminal code and was eventually replaced by the Great Qing Legal Code, which was abolished in 1912 following the Xinhai Revolution and the establishment of the Republic of China.

French Napoleonic Code

The French Napoleonic Code of 1804 was a very influential example in Europe. It heavily influenced the legal systems of many countries and became widespread after its enactment.

Iroquois Constitutional Wampum

Upon confederation, the Iroquois created constitutional wampum, with each component symbolizing one of the laws within the 117 articles. The union of the five original nations occurred in 1142, and its unification narrative served as the basis for Iroquois laws.

Statutes of Lithuania

The Statutes of Lithuania, dating back to the 16th century, are notable early examples of codified law.

English Common Law

In England, common law principles have been codified through acts such as the Bills of Exchange Act 1882, the Sale of Goods Act 1893 (repealed and re-enacted in 1979), and the Marine Insurance Act 1906. These acts provided precision and certainty in prosecution.

Law Reform Acts

In more recent times, statutes have addressed immediate problems, such as the Law Reform (Frustrated Contracts) Act 1943, which dealt with contracts rendered void by war, and the Contracts (Rights of Third Parties) Act 1999, amending the doctrine of privity.

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