> "Why do these things? Because we've always done them!"
Literally how is that any different to ‘Why do these things? Because it says so on this piece of paper!’
And as has been said a few times - precedence and literally ‘written down’ are not mutually exclusive - you’re after a red herring by obsessing on the ‘unwritten’ part.
Most legal systems use precedence - the US uses judicial precedence to interpret the constitution - because the written one isn’t usable without it!
If as you say there's no difference, then why not write it down? If there is a difference, why is that? (I'm asking these questions to point out that your statement raises them - I'll have a go at answering them below.)
More correctly, I believe 'unwritten' is not accurate, since as you point out precedent can be set e.g. in the courts or parliament, and these precendents are written in judgements and Acts. So a more accurate term would be uncodified rather than unwritten, meaning there is no single constitution but an ever-changing collection of precedents. (This isn't to accuse you of inaccuracy - everyone in this thread has used the same inaccurate terms, including me.)
There are pros and cons to a codified constitution. We see some cons in the USA, where the Constitution has become sacred, and changes to it are extremely difficult to achieve. That's a shame, and an artefact of its importance within the partisan politics of the USA. Most other nations have a codified constitution and don't seem to have this issue - at least, not to such a paralysing degree.
Another con is so-called wiki-constitutionalism [0] i.e. the attrition of the utility of the constitution by continually amending it to strengthen and expand the role of government.
One pro of a codified constitution would be to clarify the customs surrounding existing precendents, especially the consequences attendent with flouting them. See proroguement [1]
> > "Why do these things? Because we've always done them!"
> Literally how is that any different to ‘Why do these things? Because it says so on this piece of paper!’
My larger point was about admitting the possibility of change. If an authority figure says "we do X because we've always done it" then we need a way to challenge that. Personally, I'd prefer that to be written and codified, and open to change. You're quite right to point out that legal precedent provides a way to do this in law, and democracy ostensibly enables that. The thread was about protestors being arrested at ceremonial events; my concern was about silencing the questioning of the status quo and authority, and the deferential manner in which public representatives and protectors have fallen in line. Protest is central to change. Arresting protestors at the recent events is a bad look - it smacks of protecting incumbent power. Quelling protest is something that has historically been done on the say-so of authority figures. I'd prefer that to be consigned to the past.
My smaller (?) point was about monarchic ceremony. Personally I find it extremely distasteful for people [2] in archaic uniform to march into cities across the Commonwealth at the behest of tradition. It's not mere "cosplay" (as someone else here described it), it's emblematic of incumbent power, and a harking back to more authoritarian times.
As for my 'obsessing', I didn't introduce the 'written down' bit, and it feels to me that you're the one obsessing over the status quo. Perhaps we're looking past each other. I see no reason to continue with a non-codified constitution. Apparently you do. We've tried to explain to each other, but clearly we're not getting through. Oh well, we tried!
Literally how is that any different to ‘Why do these things? Because it says so on this piece of paper!’
And as has been said a few times - precedence and literally ‘written down’ are not mutually exclusive - you’re after a red herring by obsessing on the ‘unwritten’ part.
Most legal systems use precedence - the US uses judicial precedence to interpret the constitution - because the written one isn’t usable without it!