ABSTRACT

It is an illusion that a code can be complete in itself. It is argued that a code creates gaps in the law and ossifies it.5 This makes it difficult to develop the law. It is felt that the common law is more malleable since the courts can distinguish between cases and set right faulty judgments. However, it is submitted that the latter point will not hold true where the code is drafted upon principles and a certain amount of discretion is left to the judges. A codifying Act cannot bring law to the layman. Lawyers and academics have to relearn the law in some cases.6