Codified & Uncodified

Codified and Uncodified

• Codified Constitution- advantages- disadvantages

• Uncodified Constitution- advantages- disadvantages

Definitions

Define;a) A codified constitutionb) An uncodified constitution

Give an example of;a) A codified constitutionb) An uncodified constitution

Codified Constitution

DEFINITIONA codified constitution is a constitution in which key constitutional provisions are collected within a single document, it is commonly known as a written constitution.EXAMPLESAfghanistan, Australia, Canada, France, Germany, India, Iran, Iraq, Italy, Ireland, North Korea, Russia, South Africa, USA, Vietnam

Uncodified Constitution

DEFINITIONAn 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.EXAMPLESIsrael, New Zealand, Saudi Arabia, UK

Codified Constitutions

1. AuthoritativeThe constitution is a ‘higher law’. The constitution binds all political institutions, including those that make ordinary law.

2. EntrenchedThis means that it is difficult to amend or abolish.

3. JudiciableBecause the constitution is a ‘higher law’, the judiciary can declare whether a law or action is constitutional or unconstitutional.

Uncodified Constitutions

1. Not authoritativeConstitutional laws enjoy the same status as ordinary laws.

2. Not entrenchedThe constitutions can be changed through the normal processes for enacting statue law.

3. Not JudiciableIn the absence of a higher law, judges do not have a legal standard against which they can declare things constitutional or unconstitutional.

Debating…

• Make a list of Advantages and Disadvantages of a Codified Constitution.

Opposites

If codified is the opposite of uncodified…

Advantage of codified constitution =

Disadvantage of uncodified constitution

Disadvantage of codified constitution =

Advantage of uncodified constitution

Codified Constitution

Advantages• Clear Rules• Limited Government• Neutral interpretation• Protecting rights• Education and citizenship

Disadvantages• Rigidity• Judicial tyranny• Legalistic• Political bias• Unnecessary

EXAM FOCUS PREPARATION

Should the UK’s constitution remain uncodified?

40 marks = 40 minutes

Class Discussion

Should the UK adopt a codified constitution?

Homework

1. What is a constitution?2. Outline two features of codified constitution.3. What is an uncodified constitution?4. Distinguish between a federal constitution

and a unitary constitution.5. In what sense is the UK constitution

‘unwritten’?