Uncodified constitution
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An uncodified or unwritten constitution is a constitution in which no single, formal document delineates the powers of a government, and the limits thereof. Instead, an unwritten constitution comprises the body of a country's laws, enacted over time, coupled with an emphasis on political precedent and enshrined parliamentary procedure, to create a framework in which a limited government operates. Although these principles are not codified in a single law, they are still recognized by courts, legislators, and executives as binding upon government, limiting its powers. Thus, a court might cite "the constitution" in forbidding an exercise of power, even though no document actually exists.
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[edit] Current examples
The following states can be considered to have an unwritten constitution:
- United Kingdom of Great Britain and Northern Ireland: no official constitution was ever written down, because the political system evolved over time, rather than being changed suddenly in an event such as a revolution. It is continuously being defined by acts of Parliament and decisions of the Law Courts. See Constitution of the United Kingdom.
- New Zealand: see Constitution of New Zealand.
- Israel: the declaration of independence promised a constitution by 2 October 1948, but due to irreconcilable differences in the Knesset, no complete constitution has been written yet. There are several Basic Laws, however.
- San Marino: see Constitution of San Marino.
- Ontario[1] and other Canadian provinces, with the exception of British Columbia and the three Canadian territories
[edit] Former examples
- Constitution of the Roman Republic made up of the Twelve Tables and other statutes.
- Hungary, until 1949, had no codified constitution.
[edit] See also
- Constitution
- Constitutional monarchy
- Constitutional economics
- Political economy
- Rule according to higher law
- Statute law
- Common law
- Conventions
- Treaties & EU law
- Works of authority
[edit] References
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