Perhaps. Unfortunately absolute enshrinement of anything and the inability to critically evaluate when to allow for common-sense deviation from such enshrinement is a bit of a progress-stopper.
The problem with common-sense as a guide for law is that it changes dramatically over time, and often over short periods. It also remains to be seen whether or not this will result in progress in the long term.
It's fortunate that we've been in one of the longest periods of relative peace in post dark age Western European history, but I don't generally count on that trend continuing forever. Making sure a government has significant enshrined limitations on its own power is important, not in the good times, but in the bad.
Common-sense deviations, a.k.a. an exceptions to the rules are often ill-conceived acts of emotional stupidity that don't age well. If it was so obvious, why wasn't it part of the rule in the first place?
