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3. Codified & Uncodified Constitutions


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3. Codified & Uncodified Constitutions

  1. 1. Codified & Uncodified
  2. 2. Codified and Uncodified • Codified Constitution - advantages - disadvantages • Uncodified Constitution - advantages - disadvantages
  3. 3. Definitions Define; a) A codified constitution b) An uncodified constitution Give an example of; a) A codified constitution b) An uncodified constitution
  4. 4. Codified Constitution DEFINITION A codified constitution is a constitution in which key constitutional provisions are collected within a single document, it is commonly known as a written constitution. EXAMPLES Afghanistan, Australia, Canada, France, Germany , India, Iran, Iraq, Italy, Ireland, North Korea, Russia, South Africa, USA, Vietnam
  5. 5. Uncodified Constitution DEFINITION An uncodified constitution is a constitution that is made up of rules that are found in a variety of sources, in the absence of a single legal document or written constitution. EXAMPLES Israel, New Zealand, Saudi Arabia, UK
  6. 6. Codified Constitutions 1. Authoritative The constitution is a ‘higher law’. The constitution binds all political institutions, including those that make ordinary law. 2. Entrenched This means that it is difficult to amend or abolish. 3. Judiciable Because the constitution is a ‘higher law’, the judiciary can declare whether a law or action is constitutional or unconstitutional.
  7. 7. Uncodified Constitutions 1. Not authoritative Constitutional laws enjoy the same status as ordinary laws. 2. Not entrenched The constitutions can be changed through the normal processes for enacting statue law. 3. Not Judiciable In the absence of a higher law, judges do not have a legal standard against which they can declare things constitutional or unconstitutional.
  8. 8. Debating… • Make a list of Advantages and Disadvantages of a Codified Constitution.
  9. 9. Opposites If codified is the opposite of uncodified… Advantage of codified constitution = Disadvantage of uncodified constitution Disadvantage of codified constitution = Advantage of uncodified constitution
  10. 10. Codified Constitution Advantages • Clear Rules • Limited Government • Neutral interpretation • Protecting rights • Education and citizenship Disadvantages • Rigidity • Judicial tyranny • Legalistic • Political bias • Unnecessary
  11. 11. EXAM FOCUS PREPARATION Should the UK’s constitution remain uncodified? 40 marks = 40 minutes
  12. 12. Class Discussion Should the UK adopt a codified constitution?
  13. 13. Homework 1. 2. 3. 4. What is a constitution? Outline two features of codified constitution. What is an uncodified constitution? Distinguish between a federal constitution and a unitary constitution. 5. In what sense is the UK constitution ‘unwritten’?