Codified and Uncodifed Constitutions

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Codified and Uncodified Constitutions A codified constitution is essentially one which is set down somewhere in writing. The most common example of this is the American constitution, drafted around 200 years ago, which is written down on a piece of paper and lays down the rights of American citizens and also the powers of the US government. An uncodified constitution in simple terms means it is unwritten and therefore comes from a variety of sources. Regarding the UK’s constitution which is an example of an uncodified constitution, these sources include; royal prerogatives, conventions, common law, statute law and famous written works by constitutional experts. The main difference between the two is the variance in the flexibility of them. While one is rigid and ‘set in stone’, the other is adaptable to circumstances and emergencies that may develop in a country. This allows for changes to be made quickly and appropriately in line with the scale of the problem and a codified constitution can take much longer to amend. A weakness of having a codified constitution like the one in America is that the Judiciary, the Legislative and the Executive sections of government are all clearly separate. This could cause more conflict among these 3, resulting in situations where the government goes into shutdown. An example of this would be how recently the US government is shut down because President Obama and his party want to pass his new Obama-care, idea of free healthcare. This has led to the senate not wanting to fund Obama-care and the government has gone into shutdown. This is less likely to happen in countries with uncodified constitutions because often the legislative and executive bodies of government are together. For example in the UK, the house of commons serves as both the legislative and executive sections of government, meaning that either a bill is
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