Jonah Patel
Several countries do not have a codified constitution. An uncodified constitution is a type of constitution where the fundamental rules take the form of customs, usage, precedent, statutes, and legal instruments. While the elements of an uncodified constitution are typically written down in various official documents, they are not codified in a single document. Countries with uncodified constitutions include Canada, China, Israel, New Zealand, Saudi Arabia, and the United Kingdom.
| Characteristics | Values |
|---|---|
| Countries with uncodified constitutions | Canada, China, Israel, New Zealand, Saudi Arabia, the United Kingdom, Finland |
| Alternative names | Unwritten constitution, Basic Laws (Israel) |
| Advantages | Elasticity, adaptability, resilience, flexibility |
| Disadvantages | Controversies may arise due to different interpretations |
| Examples | The UK Parliament can make or repeal any Acts; Israel's Basic Laws are considered constitutional authority |
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What You'll Learn
Israel
The first two Basic Laws were enacted in 1958 and 1964, and since then, ten more have been added. These laws cover areas such as the Knesset (Israel's parliament), the presidency, the government, the judiciary, the state comptroller, and the Israel Defense Forces. The Basic Laws also include the Human Dignity and Liberty Law, which is considered a bill of rights, and the Referendum Law, which details the process for making changes to other Basic Laws.
The Knesset is responsible for creating and amending the Basic Laws. This process involves a special majority vote, with a majority of at least 61 members of the Knesset in favour of the change. This is a more stringent requirement than for ordinary laws, which only require a simple majority.
While Israel does not have a codified constitution, its Basic Laws serve a similar purpose and provide a framework for the country's governance. These laws are subject to interpretation and can be amended by the Knesset, reflecting the evolving nature of Israel's constitutional framework.
The lack of a codified constitution in Israel has been a topic of debate, with some scholars and legal experts arguing for the need for a single, unified document. However, others suggest that the current system of Basic Laws provides a sufficient constitutional framework and allows for more flexibility and adaptability.
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New Zealand
The Constitution Act 1986 is a key formal statement of New Zealand's system of government. It recognises the country as a constitutional monarchy, with the King as the Head of State, and the Governor-General as his representative. The Act outlines the three branches of government: the executive (the Executive Council), the legislature (the House of Representatives and Sovereign in Parliament), and the judiciary (Court system). The Constitution Act 1986 also deals with the prerogative powers of the Sovereign, such as the power to appoint the Governor-General, who exercises his prerogative powers.
In addition to the Constitution Act 1986, New Zealand's constitution is found in other crucial pieces of legislation, legal documents, common law derived from court decisions, and established constitutional practices known as conventions. Some of the important legislation that contributes to New Zealand's constitution includes the State Sector Act 1988, the Electoral Act 1993, the Judicature Act 1908, the Senior Courts Act 2016, the District Court Act 2016, the Treaty of Waitangi Act 1975, the Ombudsmen Act 1975, the Official Information Act 1982, the Public Finance Act 1989, the New Zealand Bill of Rights Act 1990, and the Human Rights Act 1993.
The Treaty of Waitangi is increasingly regarded as a founding document of the government in New Zealand. The Treaty of Waitangi Act 1975 and the principles of the Treaty of Waitangi are considered part of New Zealand's constitution. The place of the Treaty of Waitangi in the constitution is, however, the subject of much debate.
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Saudi Arabia
Sharia law has been adopted in Saudi Arabia in an uncodified form, with regulations issued by royal decrees to address modern issues such as intellectual property and corporate laws. While Sharia is the ultimate authority in Saudi Arabia, the uncodified nature of its laws can lead to variations in interpretation and application.
The country's legal system recognizes only that which is legislated by God in the Quran and the Sunnah. There are three main sources of law: Islamic law, statutory law, and royal orders. Judges in Saudi Arabia are required to have degrees in Islamic law and may be considered Ulema, or scholars of Islamic law.
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Canada
The Constitution Act of 1982, one of two core constitutional texts, includes the Canadian Charter of Rights and Freedoms, which enshrines the rights of Canadian citizens and aboriginal peoples. The Charter also codified previously oral constitutional conventions and made it more difficult to amend the constitution. The other core constitutional text is the Constitution Act of 1867 (originally the British North America Act), which was amended to authorize the Parliament to establish a general court of appeal for Canada.
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United Kingdom
The United Kingdom is often said to have an 'unwritten' constitution, but this is not strictly accurate. While the UK does have a constitution, it is not codified—that is, it is not brought together in a single document. Instead, the UK's constitution is spread across several places and made up of various written and unwritten arrangements. These include specific Acts of Parliament, such as the Bill of Rights 1689, the Acts of Union 1707 and 1800, the Act of Settlement 1701, the Parliament Acts 1911 and 1949, and the Human Rights Act 1998. There are also particular understandings of how the system should operate, known as constitutional conventions, such as the convention that the monarch acts on ministerial advice. Finally, various decisions made by judges, such as common law and equity, also help to determine how the system works.
The UK's lack of a codified constitution sets it apart from most other countries, and it is similar in this respect to New Zealand and Israel. There are several reasons why the UK has never felt the need to codify its constitution. Firstly, codified constitutions are typically produced following a major historical turning point, such as a revolution or a collapse of the previous system of government. None of these events have occurred in the UK, so there has been no impetus to create a single constitutional document. Secondly, proponents of the current system argue that it allows for a pragmatic approach, where different things can be tried, tested, and developed over time. They point to countries with hard-to-change codified constitutions that have struggled to update their political systems in line with changing attitudes and realities. For example, the issue of gun ownership in the United States and the Second Amendment.
Having an uncodified constitution also has several perceived advantages. It allows each successive generation to influence the constitution through the representatives they elect, rather than being bound by the decisions of past generations. It also enables easier amendment than in countries with codified constitutions, which often have elaborate amendment procedures. This flexibility has, for example, facilitated the removal of hereditary peers from the House of Lords, the introduction of the Human Rights Act, and devolution to Scotland, Wales, and Northern Ireland.
However, there are also several disadvantages to the UK's uncodified constitution. Critics argue that it leaves the political system open to abuse, with few checks on the power of a government with a majority in the House of Commons. There are also few barriers to a government rushing through poorly thought-out changes to the constitution. Additionally, the uncodified nature of the constitution makes it harder for citizens to understand, and therefore to know when a government is abusing its position. This lack of clarity can also create uncertainty around the roles and responsibilities of different political institutions, making the business of governing more challenging.
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Frequently asked questions
Several countries don't have a codified constitution, including the United Kingdom, Canada, New Zealand, Saudi Arabia, and Israel.
An uncodified constitution is a type of constitution where the fundamental rules take the form of customs, usage, precedent, statutes, and legal instruments. These rules are found in various documents in the absence of a single written constitution.
An uncodified constitution is adaptable and flexible, allowing for the evolution of political and social forces. It does not require amendments, as practices can evolve into laws over time.
