Codified & Uncodified
Codified & Uncodified
Codified and Uncodified
• Codified Constitution (e.g. USA)- advantages- disadvantages
• Uncodified Constitution (e.g. UK)- advantages- disadvantages
Codified and Uncodified
Define:a) A codified constitutionb) An uncodified constitution
Definitions
Codified• Codified constitutions are largely written, centred
around a single document incorporating key constitutional provisions that are binding on all political institutions.
• They are usually 'entrenched', enjoying the protection of a higher or supreme court, and can only be repealed or amended by special provisions, beyond the ordinary legislative process.
Definitions
Uncodified• An informal of rules not recorded in a single
document but found in a number of sources - written and unwritten (conventions) i.e. the UK constitution.
• It has the status of ordinary law.• It is not entrenched and can be changed easily.
The courts will find it difficult to determine if something is unconstitutional.
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 v Uncodified
The US ConstitutionAdvantages
Disadvantages
The UK ConstitutionAdvantages
Disadvantages
Chapter 10Codified and Uncodified Constitutions
p20-251
Codified v Uncodified
The US ConstitutionAdvantages• Defines people’s liberties • Safeguard against tyrannical
government • Public can access and
understand easier. Disadvantages• Hard to agree on • Inflexible (hard to change) • Too much power to judges (new
interpretations)
The UK ConstitutionAdvantages• Flexible – easily changed (no
amendment process)• Modern – constantly evolving• Democracies can function without
codified e.g. UK, NZ, IsraelDisadvantages• Dangerous govt can exploit it • Hard for public to understand • Allows civil liberties to be
overridden
What should a constitution be?
Design-a-Constitution
In small groups you are going to come up with a list of things (e.g. rules, institutions, powers, rights) that you would include if you were going to write a constitution for the new free state of Lordswoodonia.
The only thing you have to guide you is that Lordswoodonia MUST be a “democracy”.