An uncodified constitution is a type of constitution where the fundamental rules often take the form of customs, usage, precedent and a variety of statutes and legal instruments.[1] An understanding of the Constitution is obtained through reading commentary by the judiciary, government committees or legal experts. In such a constitutional system, all these elements may be (or may not be) recognized by courts, legislators and the bureaucracy as binding upon government and limiting its powers. Such a framework is sometimes imprecisely called an "unwritten constitution"; however, all the elements of an uncodified constitution are typically written down in a variety of official documents, though not codified in a single document. However, there may be truly "unwritten" constitutional conventions which while not usually legally enforceable may hold just as much sway as the letter of the law.
An uncodified constitution has the advantages of elasticity, adaptability and resilience, A. V. Dicey described the uncodified constitution as "the most flexible polity in existence."[2] A significant disadvantage, however, is that controversies may arise due to different understandings of the usages and customs that form the fundamental provisions of the constitution.[1]
A new condition or situation of government may be resolved by precedent or passing legislation.[1] Unlike a codified constitution, there are no special procedures for making a constitutional law and it will not be inherently superior to other legislation. A country with an uncodified constitution lacks a specific moment where the principles of its government were deliberately decided. Instead, these are allowed to evolve according to the political and social forces arising throughout its history.[3]
When viewed as a whole system, the difference between a codified and uncodified constitution is one of degree. Any codified constitution will be overlaid with supplementary legislation and customary practice after a period of time.[1] Conversely, customs and practices that have been observed for long periods in an uncodified manner may be added to the written constitution at various junctures, such as in the case of the two-term limit for presidents of the United States. This custom was observed for nearly a century and a half, unbroken, without any enforcement mechanism until it was ignored by Franklin Roosevelt, after which it was added to the written Constitution as mandatory de jure.
^ abcdJohari, J. C. (2006) New Comparative Government, Lotus Press, New Delhi, p. 167–169
^A. V. Dicey, Introduction to the Study of the Law of the Constitution (page 39)
^Prabir Kumar De (2011) Comparative Politics, Dorling Kindersley, p. 59
and 29 Related for: Uncodified constitution information
An uncodifiedconstitution is a type of constitution where the fundamental rules often take the form of customs, usage, precedent and a variety of statutes...
example of an uncodifiedconstitution; it is instead written in numerous fundamental Acts of a legislature, court cases, or treaties. Constitutions concern...
which is the single source of constitutional law in a state. An uncodifiedconstitution is one that is not contained in a single document, but consists...
modern), uncodified traditions and conventions. Canada is one of the oldest constitutional monarchies in the world. The Canadian constitution includes...
formal statutes. The State of Israel has an uncodifiedconstitution. Instead of a formal written constitution, and in accordance with the Harari Decision...
into a single document, thus it is known as an uncodifiedconstitution. This enables the constitution to be easily changed as no provisions are formally...
Constitutional legal doctrine Uncodifiedconstitution – Legal doctrine source of rigid constitution James Bryce, "Flexible and Rigid Constitution", Studies in History...
is the area of historical study covering both written constitutions and uncodifiedconstitutions, and became an academic discipline during the 19th century...
government is based on an uncodifiedconstitution, meaning that it is not set out in any single document. The British constitution consists of many documents...
either a codified constitution, or in countries with uncodifiedconstitutions, a law designed to have the effect of a constitution. The term basic law...
document. It is an uncodifiedconstitution, sometimes referred to as an "unwritten constitution", although the New Zealand constitution is in fact an amalgamation...
the best instance of constitutionalism in a country that has an uncodifiedconstitution. A variety of developments in 17th century England, including the...
include Germany, India and Japan. The United Kingdom, as it has an uncodifiedconstitution, does not have a constitutional bill of rights, although the Human...
is sometimes seen as having a special role of safeguarding the uncodifiedConstitution of the United Kingdom and important civil liberties against ill-considered...
The Constitution of the Republic of San Marino (also called the Constitution of the Most Serene Republic of San Marino) is distributed over a number of...
Basic Laws of a country that does not use the term "constitution" or has an uncodifiedconstitution Any of the fundamental physical laws of the universe...
The constitution of the Roman Republic was a set of uncodified norms and customs which, together with various written laws, guided the procedural governance...
The United Kingdom has an uncodifiedconstitution. The constitution consists of legislation, common law, Crown prerogative and constitutional conventions...
an England-wide or regional devolution. The constitution of the United Kingdom is an uncodifiedconstitution. There are two chambers of the UK parliament:...
regulate the Swedish political system, acting in a similar manner to the constitutions of most countries. These four laws are: the Instrument of Government...
July 1875 which established the Third French Republic.[page needed] The constitution laws could be roughly divided into three laws: The Act of 24 February...
The constitution of the United Kingdom is an uncodifiedconstitution made up of various statutes, judicial precedents, convention, treaties and other sources...
president's fundamental role within the machinery of Israel's uncodifiedconstitution is to "...stand at the head of the State", representing the state...
statute of the Parliament of New Zealand part of New Zealand's uncodifiedconstitution that sets out the rights and fundamental freedoms of anyone subject...
"sacred text", Magna Carta is generally considered part of the uncodifiedconstitution of the United Kingdom; in a 2005 speech, the Lord Chief Justice...
of the Jewish people". The Basic Laws of Israel function as an uncodifiedconstitution. In its Basic Laws, Israel defines itself as a Jewish and democratic...
Crown Dependencies and the British Overseas Territories. In the uncodifiedConstitution of the United Kingdom, the monarch (exclusively referred to in...
is a constitution-like charter divided into nine chapters, consisting of 83 articles. The Basic Law (in Article One) states that the constitution of Saudi...
Global Information