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In [[law]], '''codification''' is the process of collecting and restating the law of a [[jurisdiction]] in certain areas, usually by subject, forming a [[legal code]], i.e. a [[codex]] ([[book]]) of law. | In [[law]], '''codification''' is the process of collecting and restating the law of a [[jurisdiction]] in certain areas, usually by subject, forming a [[legal code]], i.e. a [[codex]] ([[book]]) of law. | ||
Codification is one of the [[Civil law (legal system)#Codification|defining features]] of [[civil law (legal system)|civil law]] jurisdictions.{{Contradict-inline|article=Civil law (legal system)|section=Differentiation from other major legal systems}} In [[common law]] systems, such as that of [[English law]], codification is the process of converting and consolidating [[judge-made law]] or uncodified statutes enacted by the [[legislature]] into [[statute law]].<ref>{{cite journal |first = Gunther A. | last=Weiss|year = 2000|volume = 25 |issue =2|url = http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1126&context=yjil |title = The Enchantment of Codification in the Common-Law World |journal = Yale Journal of International Law}}</ref><ref> [[Lord Scarman]] on codification [https://www.repository.law.indiana.edu/cgi/viewcontent.cgi?referer=https://www.google.co.uk/&httpsredir=1&article=2330&context=ilj]</ref><ref> | Codification is one of the [[Civil law (legal system)#Codification|defining features]] of [[civil law (legal system)|civil law]] jurisdictions.{{Contradict-inline|article=Civil law (legal system)|section=Differentiation from other major legal systems}} In [[common law]] systems, such as that of [[English law]], codification is the process of converting and consolidating [[judge-made law]] or uncodified statutes enacted by the [[legislature]] into [[statute law]].<ref>{{cite journal |first = Gunther A. | last=Weiss|year = 2000|volume = 25 |issue =2|url = http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1126&context=yjil |title = The Enchantment of Codification in the Common-Law World |journal = Yale Journal of International Law}}</ref><ref>[[Lord Scarman]] on codification [https://www.repository.law.indiana.edu/cgi/viewcontent.cgi?referer=https://www.google.co.uk/&httpsredir=1&article=2330&context=ilj]</ref><ref>[http://www.dwc.knaw.nl/DL/publications/PU00009908.pdf Sauveplanne article on codification]</ref> | ||
== History == | == History == | ||
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Most of England's [[criminal law]]s have been codified, partly because this enables precision and certainty in prosecution. However, large areas of the common law, such as the [[law of contract]] and the [[law of tort]] remain remarkably untouched. In the last 80 years there have been statutes that address immediate problems, such as the [[Law Reform (Frustrated Contracts) Act 1943]] (which, ''inter alia'', coped with contracts rendered void by war), and the [[Contracts (Rights of Third Parties) Act 1999]], which amended the [[Privity of contract|doctrine of privity]]. However, there has been no progress on the adoption of [[Harvey McGregor]]'s ''Contract Code'' (1993), even though the [[Law Commission]], together with the Scots Law Commission, asked him to produce a proposal for the comprehensive codification and unification of the contract law of England and Scotland. Similarly, codification in the law of tort has been at best piecemeal, a rare example of progress being the [[Law Reform (Contributory Negligence) Act 1945]]. | Most of England's [[criminal law]]s have been codified, partly because this enables precision and certainty in prosecution. However, large areas of the common law, such as the [[law of contract]] and the [[law of tort]] remain remarkably untouched. In the last 80 years there have been statutes that address immediate problems, such as the [[Law Reform (Frustrated Contracts) Act 1943]] (which, ''inter alia'', coped with contracts rendered void by war), and the [[Contracts (Rights of Third Parties) Act 1999]], which amended the [[Privity of contract|doctrine of privity]]. However, there has been no progress on the adoption of [[Harvey McGregor]]'s ''Contract Code'' (1993), even though the [[Law Commission]], together with the Scots Law Commission, asked him to produce a proposal for the comprehensive codification and unification of the contract law of England and Scotland. Similarly, codification in the law of tort has been at best piecemeal, a rare example of progress being the [[Law Reform (Contributory Negligence) Act 1945]]. | ||
[[Consolidation bill | [[Consolidation bill]]s are routinely passed to organize the law. | ||
===Ireland=== | ===Ireland=== | ||
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In 1930 the League of Nations held at the Hague a [[League of Nations Codification Conference, 1930|conference]] for the purpose of codification of rules on general matters, but very little progress was made. | In 1930 the League of Nations held at the Hague a [[League of Nations Codification Conference, 1930|conference]] for the purpose of codification of rules on general matters, but very little progress was made. | ||
Following the Second World War, the [[International Law Commission]] was established within the United Nations as a permanent body for the formulation of principles in international law.<ref>{{cite journal |last1=Meyer |first1=Timothy |title=Codifying Custom |journal=University of Pennsylvania Law Review |volume=160 | | Following the Second World War, the [[International Law Commission]] was established within the United Nations as a permanent body for the formulation of principles in international law.<ref>{{cite journal |last1=Meyer |first1=Timothy |title=Codifying Custom |journal=University of Pennsylvania Law Review |volume=160 |pages=995–1069 |url=https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=1053&context=penn_law_review}}</ref> | ||
==Canon law codification== | ==Canon law codification== | ||