The potential for creating uncertainty looms as a primary and ever-present problem in the codification process. A dominant concern is the fear the unintended statutory changes--or, worse still, the quandary of whether what appears to be such a change was truly intended--may result. The perplexing issues emanating from that quandary can considerably dissipate the benefits of progressive statutory codification. For purely illustrative purposes, attention might be called to the present plight of an historic precept in Georgia local government law. That precept unflinchingly condemns a local governing authority's efforts to commit its successors to a given course of governmental action. It enjoys a distinctive statutory presence. Buttressed by more than a century of judicial application, the principle, would appear, if anything is, of unshakeable status. That such status might nevertheless be currently colored by uncertainty provides telling confirmation of the described potential of statutory codification.
R. Perry Sentell Jr.,
Binding Contracts in Georgia Local Government Law: Configurations of Codification
Available at: http://digitalcommons.law.uga.edu/fac_artchop/143