1. Codified & Uncodified

2. Codified and Uncodified
• Codified Constitution
- advantages
- disadvantages
• Uncodified Constitution
- advantages
- disadvantages

3. Definitions
Define;
a) A codified constitution
b) An uncodified constitution
Give an example of;
a) A codified constitution
b) An uncodified constitution

4. Codified Constitution
DEFINITION
A codified constitution is a constitution in which
key constitutional 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

5. Uncodified Constitution
DEFINITION
An uncodified constitution is a constitution that
is made up of rules that are found in a variety of
sources, in the absence of a single legal
document or written constitution.
EXAMPLES
Israel, New Zealand, Saudi Arabia, UK

6. Codified Constitutions
1. Authoritative
The constitution is a ‘higher law’. The
constitution binds all political
institutions, including those that make ordinary
law.
2. Entrenched
This means that it is difficult to amend or
abolish.
3. Judiciable
Because the constitution is a ‘higher law’, the
judiciary can declare whether a law or action is
constitutional or unconstitutional.

7. Uncodified Constitutions
1. Not authoritative
Constitutional laws enjoy the same status as
ordinary laws.
2. Not entrenched
The constitutions can be changed through the
normal processes for enacting statue law.
3. Not Judiciable
In the absence of a higher law, judges do not
have a legal standard against which they can
declare things constitutional or unconstitutional.

8. Debating…
• Make a list of Advantages and Disadvantages
of a Codified Constitution.

9. Opposites
If codified is the opposite of uncodified…
Advantage of codified constitution
=
Disadvantage of uncodified constitution
Disadvantage of codified constitution
=
Advantage of uncodified constitution

11. Codified Constitution
Advantages
• Clear Rules
• Limited Government
• Neutral interpretation
• Protecting rights
• Education and citizenship
Disadvantages
• Rigidity
• Judicial tyranny
• Legalistic
• Political bias
• Unnecessary

12. EXAM FOCUS PREPARATION
Should the UK’s constitution remain uncodified?
40 marks = 40 minutes

13. Class Discussion
Should the UK adopt a codified constitution?

14. Homework
1.
2.
3.
4.
What is a constitution?
Outline two features of codified constitution.
What is an uncodified constitution?
Distinguish between a federal constitution
and a unitary constitution.
5. In what sense is the UK constitution
‘unwritten’?