Uncodified constitution

An uncodified or unwritten constitution is a constitution in which no single, formal document delineates the powers of a government, and the limits thereof. Instead, an unwritten constitution comprises the body of a country's laws, enacted over time, coupled with an emphasis on political precedent and enshrined parliamentary procedure, to create a framework in which a limited government operates. Although these principles are not codified in a single law, they are still recognized by courts, legislators, and executives as binding upon government, limiting its powers. Thus, a court might cite "the constitution" in forbidding an exercise of power, even though no document actually exists.

Current examples

The following states can be considered to have an unwritten constitution:

• United Kingdom of Great Britain and Northern Ireland: there is no defining document that can be termed "the constitution". Because the political system evolved over time, rather than being changed suddenly in an event such as a revolution, it is continuously being defined by acts of Parliament and decisions of the Law Courts (see Constitution of the United Kingdom). Two written constitutions were enacted during The Commonwealth of Oliver Cromwell, the Instrument of Government of 1653 and the Humble Petition and Advice of 1657; these were overridden by the Restoration of the crown in 1660.
• Canada: The preamble to the Constitution of Canada declares that the constitution is to be "similar in principle to that of the United Kingdom" (which is largely unwritten).. This applies at the federal level and to the provinces, although each does have the power to modify or enact their own within their exclusive areas of responsibility. To date only British Columbia has done so (see Constitution of British Columbia).
• Israel: the declaration of independence promised a constitution by 2 October 1948, but due to irreconcilable differences in the Knesset, no complete constitution has been written yet. There are several Basic Laws, however.
• New Zealand: see Constitution of New Zealand.
• San Marino: see Constitution of San Marino.

Former examples

• Constitution of the Roman Republic made up of the Twelve Tables and other statutes.
• Hungary, until 1949, had no codified constitution.

See also

• Constitution
• Constitutional monarchy
• Constitutional economics
• Political economy
• Rule according to higher law
• Statute law
• Common law
• Conventions
• Treaties & EU law
• Works of authority