CODIFIED AND UNCODIFIED CONSTITUTIONS Learning Objectives Thinking Ladder
CODIFIED AND UNCODIFIED CONSTITUTIONS
Learning Objectives Thinking Ladder… 1. To identify the sources f the UK constitution 2. To explain the differences between a codified and uncodified constitution 3. To assess the strengths and weaknesses of different types of constitution
Stages in the development of the UK Constitution There are 7 stages to the development of the UK constitution, dating back to 1215 1. Magna Carta 1215 2. Bill of Rights 1689 3. The Act of the Settlement 1701 4. The Acts of the Union 1707 5. The Parliament Acts 1911 and 1949 6. The European Committees Act 1972 7. The European (Notification of Withdrawal) Act 2017
Definitions • Define the following; • A codified constitution • An uncodified constitution • Give an example of the following; • A codified constitution • An uncodified constitution
Codified Constitution Definition A codified constitution is a constitution in which key provisions are collected within a single document. It is commonly known as a written constitution. Examples Afghanistan, Australia, Canada, France, Germany, India, Iran, Iraq, Italy, Ireland, North Korea, Russia, South Africa, USA, Vietnam
Uncodified Constitution Definition An uncodified constitution is one in which the laws, rules and principles of the governing of the state are not gathered in a single document. They are found in a variety of sources, some written and some unwritten. Examples Israel, New Zealand, Saudi Arabia, UK
Features of constitutions • Authoritative Codified The constitution is a ‘higher law’. It binds all political institutions • Entrenched It is difficult to amend or abolish • Judiciable As it is a ‘higher law’, the judiciary can declare whether a law or action is constitutional or unconstitutional Uncodified • Not Authoritative Constitutional law is the same as ordinary laws • Not Entrenched The constitution can be changed through the same process as enacting a statute law • Not Judiciable Judges do not have a legal standard for declaring things constitutional or unconstitutional
Pros and cons • Make a list of advantages and disadvantages of a codified constitution Codified is the opposite of uncodified Therefore; Advantage of codified constitution = Disadvantage of uncodified constitution Disadvantage of codified constitution = Advantage of uncodified constitution
Codified Constitution Advantages Disadvantages • Clear rules • Rigidity • Limited government • Judicial tyranny • Neutral interpretation • Legalistic • Protecting right • Political bias • Education and citizenship • Unnecessary
Exam Question Should the UK adopt a codified constitution? How do we write an essay? What do we need to include? The basics. What are the examiners looking for in Politics A 2?
Homework 1. What is a constitution? 2. Outline two features of a codified constitution 3. What is an uncodified constitution? 4. Distinguish between a federal constitution and a unitary constitution 5. In what sense is the UK constitution ‘unwritten’?
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