Uncodified constitution
An uncodified constitution is a type of
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
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.
Current states
The following states can be considered to have uncodified constitutions.
| Uncodified constitutions | Form | States that have this form of constitution |
|---|---|---|
| Fully uncodified |  San Marino Israel Saudi Arabia
| |
| Partially codified (in few documents) |
Canada
Although there are Constitution Acts,[4] important aspects of the constitutional system are uncodified. The preamble to the Constitution of Canada declares it to be "similar in principle to that of the United Kingdom" (which is uncodified).[4]
This applies at the federal level and to the
China
Some Chinese academics including legal theorist Jiang Shigong have argued that China has both a written constitution and an unwritten constitution based on the comprehensive leadership of the Communist Party.[6]
Israel
The
New Zealand
New Zealand has no single constitutional document.[7][8] It is sometimes referred to as an "unwritten constitution", although the New Zealand constitution is in fact an amalgamation of written and unwritten sources.[9][10]
The
San Marino
San Marino has several documents that make up its constitution, including some lasting centuries. These documents include six books of The Statues of 1600 and the Declarations of Citizen's Rights. It is the oldest surviving constitution in the world.
Saudi Arabia
Saudi Arabia has no legally binding written constitution.
United Kingdom
In the United Kingdom, there is no defining document that can be termed "the constitution". Because the political system evolved over time, rather than being changed suddenly in an event such as a revolution, collapse of government or overthrow of monarchy, it is continuously being defined by acts of
Due to the United Kingdom having an uncodified constitution, many acts have been added to the collection of
Former examples
- The Constitution of the Roman Republic, made up of the Twelve Tables and other statutes.
- Hungary had an uncodified constitution prior to 1949.
- Sweden: What written and unwritten elements made up the Swedish constitution was the subject of much uncertainty and debate, until the Instrument of Government 1809 (1809 års regeringsform) made a point of expressly superseding “all more or less valid constitutions ... as well as ... any other such laws, acts, ordinances, statutes or decisions, however ancient or new, as have previously been included under the name of constitution”.[15] As of 2021, the Instrument of Government specifies at paragraph 3 that the constitution of Sweden (rikets grundlagar) consists of the Instrument of Government, the Freedom of the Press Act, the Fundamental Law on Freedom of Expression and the Act of Succession.
- Finland, in spite of the fact that that constitution largely dictated the relationship between Finland and the Russian Empirethroughout the Russian era in Finland.
- By the late 19th century leading Finnish intellectuals—liberals and nationalists, and later, socialists as well—had come to consider Finland as a constitutional state in its own right in a mere real union with Russia. This notion clashed with emerging Russian nationalism and with Russian calls for a unitary state for Slavs only, which eventually came into conflict with Finnish separatism and constitutionalism in the form of "russification policies", which restricted Finland's extensive autonomy from 1899 onwards, excluding a brief interruption between 1905 and 1908, all the way to the February Revolution in 1917.
- The RSFSRrecognized Finland's declaration of independence on New Year's Eve 1917.
- Andorra did not have a codified constitution until 1993 and until that date, there was no clear separation of powers. The two Andorran paréages of 1278 and 1288 were the basic laws of the country until the promulgation of the 1993 Constitution.[16]
- The Constitution of Queensland before 2001[clarification needed][citation needed]
- Oman prior to 1996[citation needed]
- Libya between 1969 and 1975
- Thailand prior to 1932 had Dharmaśāstra of Manu as an uncodified constitution.[dubious ]
References
- ^ a b c d Johari, 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
- ^ a b Constitution Acts, 1867 to 1982, being The Constitution Act, 1867 (UK), 30 & 31 Vict., c. 3, and The Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, c. 11.
- ^ Ontario (Attorney General) v. OPSEU, [1987] 2 S.C.R. 2, 1987 CanLII 71 (SCC), Retrieved 2019-11-07.
- ISBN 9781108417570.
- ^ ISBN 0408716266.
- ^ Joseph, Philip (1989). "Foundations of the Constitution" (PDF). Canterbury Law Review. p. 72.
- ^ ISBN 1877258938.
- ^ Palmer, Matthew (20 June 2012). "Constitution - What is a constitution?". Te Ara: The Encyclopedia of New Zealand. Retrieved 16 August 2019.
- ISBN 978-0-86473-579-9.
- ISBN 978-1-85065-668-5.
- ISBN 978-0-8160-6078-8.
- ^ King, A (2007). The British Constitution. Oxford: Oxford University Press. p. 6.
- ^ Bull, Thomas; Sterzel, Fredrik (2020). Regeringsformen: en kommentar (4th ed.). Lund: Studentlitteratur. p. 52.
- ^ Govern d'Andorra. "History". The Embassy of Andorra to the Benelux, Denmark and Slovenia. Archived from the original on 20 July 2007. Retrieved 14 December 2010.
