Escolar Documentos
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Written
vs.
unwritten
and
codified
vs.
uncodified
Constitution
Some constitutions are largely, but not wholly, codified. For example, in the
Constitution of Australia, most of its fundamental political principles and regulations
concerning the relationship between branches of government, and concerning the
government and the individual are codified in a single document, the Constitution of
the Commonwealth of Australia. However, the presence of statutes with
constitutional significance, namely the Statute of Westminster, as adopted by the
Commonwealth in the Statute of Westminster Adoption Act 1942, and the Australia
Act 1986 means that Australia's constitution is not contained in a single
constitutional document. It means the Constitution of Australia is uncodified, it also
contain constitutional conventions, thus is partially unwritten.
The Constitution of Canada, which evolved from the British North America Acts until
severed from nominal British control by the Canada Act 1982 (analogous to the
Australia Act 1986), is a similar example. Canada's constitution consists of almost
30 different statutes.
The terms written constitution and codified constitution are often used
interchangeably, as are unwritten constitution and uncodified constitution, although
this usage is technically inaccurate. A codified constitution is a written constitution
contained in a single document, states that do not have such a document have
uncodified constitutions but not entirely unwritten constitutions since much of an
uncodified constitution is usually written in laws, such as the Basic Laws of Israel or
the Parliament Acts of the United Kingdom.
Type
Form
Example
Codified
Uncodified
Uncodified
However, some jurisdictions, such as Canada, USA, India, Bangladesh have placed
limits on the Parliamentary supremacy of legislative assemblies within their territory
by enacting a paramount law, usually called a Constitution or a charter as in Charter
of Rights and Freedoms .
Section
2
Supremacy
of
Constitution
This Constitution is the supreme law of the Republic; law or conduct inconsistent
with it is invalid, and the obligations imposed by it must be fulfilled.
USA
Article. VI
This Constitution, and the Laws of the United States which shall be made in
Pursuance thereof; and all Treaties made, or which shall be made, under the
Authority of the United States, shall be the supreme Law of the Land; and the
Judges in every State shall be bound thereby, any Thing in the Constitution or Laws
of any State to the Contrary notwithstanding
Judicial Review
Judicial review is the doctrine under which legislative and executive actions are
subject to review by the judiciary.
A specific court with judicial review power may annul the acts of the state when it
finds them incompatible with a higher authority (such as the terms of a written
constitution).
Judicial review is an example of check and balances in a modern governmental
system where the judiciary checks the other branches of government.
This principle is interpreted differently in different jurisdictions, which also have
differing views on the different hierarchy of governmental norms. As a result, the
procedure and scope of judicial review may differ from country to country and state
to state.
Factors
Form of Constitution
Independent Judiciary
Judicial Activism
Basic Structure
Parliamentary Structure
Progressive Lawyers
Democratic Culture
Power Balance.