Codified and Uncodified Constitution


Codified Constitution

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. E.g USA, Australia. Codified constitutions are:

1. Authoritative- The constitution is a 'higher law'. The constitution binds all political institutions, including those that made 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. 

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Uncodified Constitution

Made up of rules that are found in a variety of sources, in the absence of a single legal document or written constitution.

1.Not Authoritative- Constitutional laws enjoy the same status as ordinary laws. 

2.Not Entrenched- The constitutions can be changed through the ordinary process for enacting statue law. 

3.Not Judiciable- In the absence of a higher law, judges do not have a legal standard at which they declare things constitutional or unconstitutional.

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