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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 explicit understanding of such a constitution can be developed through commentary by the judiciary , government committees or legal experts .
The Constitution of the United Kingdom is a notable example of an uncodified constitution; it is instead written in numerous fundamental acts of a legislature, court cases, and treaties. [2] Constitutions concern different levels of organizations, from sovereign countries to companies and unincorporated associations.
A codified constitution is a constitution that is contained in a single document, which is the single source of constitutional law in a state. An uncodified constitution is one that is not contained in a single document, but consists of several different sources, which may be written or unwritten.
American legal scholar Noah Feldman has written that the Ottoman codification of the sharia reduced the power of the religious scholarly class, upsetting the balance of powers and the traditional uncodified constitution of Islamic societies and leading to the rise of autocrats unconstrained by rule of law in the Muslim world. [6
The constitution of the United Kingdom comprises the written and unwritten arrangements that establish the United Kingdom of Great Britain and Northern Ireland as a political body. Unlike in most countries, no official attempt has been made to codify such arrangements into a single document, thus it is known as an uncodified constitution. This ...
A convention, also known as a constitutional convention, is an uncodified tradition that is followed by the institutions of a state. In some states, notably those Commonwealth states that follow the Westminster system and whose political systems derive from British constitutional law, most government functions are guided by constitutional convention rather than by a formal written constitution.
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The New Zealand constitution is uncodified and is to be found in formal legal documents, in decisions of the courts, and in practices (some of which are described as conventions). [ 18 ] [ 19 ] It establishes that New Zealand is a constitutional monarchy , that it has a parliamentary system of government, and that it is a representative ...