Beruflich Dokumente
Kultur Dokumente
take the form of customs,usage, precedent and a variety of statutes and legal
instruments.[1]An understanding of the constitution is obtained through reading
commentary by the judiciary, government committees or legal experts. In such a
constitutional system, all these elements may be recognized by courts, legislators
and the bureaucracy as binding upon government and limiting its powers. Such a
framework is sometimes imprecisely called an "unwritten constitution"; however, all
the elements of an uncodified constitution are typically written down in a variety of
official documents, though not codified in a single document.
Unlike a codified constitution, there are no special procedures for making a
constitutional law and it will not be inherently superior to other legislation. A country
with an uncodified constitution lacks a specific moment where the principles of its
government were deliberately decided. Instead, these are allowed to evolve
according to the political and social forces arising throughout its history.
Constitutional convention (political custom)
A constitutional convention is an informal and uncodified procedural agreement that
is followed by the institutions of a state. In some states, notably those Commonwealth
of Nations states that follow the Westminster system and whose political systems derive
from British constitutional law, most government functions are guided by
constitutional convention rather than by a formal written constitution. In these
states, actual distribution of power may be markedly different from those the formal
constitutional documents describes.
Some constitutional conventions operate separate from or alongside written
constitutions, such as in Canada since the constitutional reforms of 1982. Others,
notably the United Kingdom which lack a single overarching constitutional
document, unwritten conventions are still of vital importance in understanding how
the state functions. In most states, however, many old conventions have been
replaced or superseded by laws (called codification).
The Westminster systemis a democratic parliamentary system of government
modelled after that which developed in the United Kingdom. This term comes from
the Palace of Westminster, the seat of the British parliament. The system is a series
of procedures for operating a legislature. It is used, or was once used, in the
national legislatures and
subnational legislatures of most Commonwealth and ex-Commonwealth nations.
Current examples
The following states can be considered to have an uncodified constitution:
Israel: the declaration of independence promised a constitution by 2 October 1948, but