What is a Constitution? Explain the difference between a Codified and an Uncodified Constitution. State the Advantages of an Uncodified Constitution.

Topics: Law, United States, United States Constitution Pages: 3 (820 words) Published: December 13, 2002
1 What is a Constitution?

2 Explain the difference between a Codified and an Uncodified Constitution

3 State the Advantages of an Uncodified Constitution

1.)A constitution is what sets the guidelines for a country. It lays out who has power, what peoples rights are, and generally what sort of system the country will be run under. The basic concept of the modern constitution which is used today was originally based on the idea of John Locke that the country should be governed under rules and guidelines mutually agreed by the powers and the people. This is under scrutiny by the public, who asses it, and thus remains modern.

2.)A codified constitution simply means one which is written. However, usually, the term refers to a codified constitution as one which is written in a single, and organised form. The rules and boundaries set by a codified constitution, usually are different form ones in an uncodified constitution which may rely on laws of manner & conduct.

A prime example of a codified constitution would be in the United States of America. In America, they have all that constitutes their country written in one form. There is probably not a single person in the U.S who does not know his/her rights. This is because the human rights in America are written in a so called "Bill of Rights", for all to see. An advantage of this, is that it is easy to avoid certain mi-understandings over legitimacy (in some cases) by having something to quote. Say a person is involved in a robbery, and ends up in court facing a possible fine and/or jail sentence. This person has the right to not incriminate him/her - self in the Bill of Rights. This is the 5th Amendment.

If asked anything which may incriminate the suspect, there is a route of avoidance by simply stating "I Plead the 5th".

An uncodified constitution is one which is not specifically written, or written in a continuous, organised form, and generally the opposite of a codified constitution. Although...
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