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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.
An uncodified constitution is one where not all elements are written into law. Typically some elements, such as constitutional conventions , are not written into law. Such elements are almost always written down somewhere (perhaps across multiple documents and/or publications), however written in documents that are not enforceable in law.
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.
Constitutional history is the area of historical study covering both written constitutions and uncodified constitutions, and became an academic discipline during the 19th century. The Oxford Companion to Law (1980) defined it as the study of the "origins, evolution and historical development" of the constitution of a community. [1]
A basic law is either a codified constitution, or in countries with uncodified constitutions, a law designed to have the effect of a constitution. The term basic law is used in some places as an alternative to "constitution" and may be intended as a temporary but necessary measure, until the formal enactment of a constitution. "Basic law" is ...
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The constitution of the United Kingdom is an uncodified constitution. There are two chambers of the UK parliament: the House of Commons and House of Lords. The UK has various overseas territories and crown dependencies, and is composed of three legal jurisdictions.