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Codified Constitution 1
created Friday May 30, 05:13 by Mehul Patel
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Based on the provided sources, here is a discussion about codified (written) constitutions in the larger context of the nature of constitutions:
A constitution is defined as a set of fundamental rules that determine how a country or state is run. **Almost all constitutions are "codified," which simply means they are written down clearly in a specific document called "constitution"**. Countries like India, France, Canada, Argentina, and the USA have codified constitutions. In contrast, some countries, such as the United Kingdom, Israel, and New Zealand, have "un-codified" constitutions which are not found written down neatly in one document. In the United Kingdom's "un-codified" system, ultimate authority vests in Parliament based on the principle of "parliamentary sovereignty".
Codified constitutions typically include fundamental rules governing a society. They can declare and define the boundaries of the political community, including territorial borders and claims. They can also declare and define the nature and authority of the political community, stating fundamental principles and where sovereignty lies, such as the French Constitution declaring France an indivisible, secular, democratic, and social Republic where national sovereignty belongs to the people. Similarly, the Indian Constitution is based on popular sovereignty. Written constitutions can express the identity and values of a national community through symbols like the flag and anthem. They also declare and define the rights and duties of citizens.
The nature of constitutions can be understood as an interaction of legal, political, and social systems. **As legal instruments, codified constitutions 'marry power with justice,' making the operation of power procedurally predictable, upholding the rule of law, and placing limits on the arbitrariness of power**. A written constitution is the supreme law of the land and provides standards for ordinary statutes. For example, the Indian Constitution, being written, provides for a **limited government, which is the core of Constitutionalism**. It defines the powers of the three organs of government and sets their limits. Unlike in the US, where limitations on fundamental rights were developed through court decisions, the Indian written constitution explicitly delineates these limitations.
A constitution is defined as a set of fundamental rules that determine how a country or state is run. **Almost all constitutions are "codified," which simply means they are written down clearly in a specific document called "constitution"**. Countries like India, France, Canada, Argentina, and the USA have codified constitutions. In contrast, some countries, such as the United Kingdom, Israel, and New Zealand, have "un-codified" constitutions which are not found written down neatly in one document. In the United Kingdom's "un-codified" system, ultimate authority vests in Parliament based on the principle of "parliamentary sovereignty".
Codified constitutions typically include fundamental rules governing a society. They can declare and define the boundaries of the political community, including territorial borders and claims. They can also declare and define the nature and authority of the political community, stating fundamental principles and where sovereignty lies, such as the French Constitution declaring France an indivisible, secular, democratic, and social Republic where national sovereignty belongs to the people. Similarly, the Indian Constitution is based on popular sovereignty. Written constitutions can express the identity and values of a national community through symbols like the flag and anthem. They also declare and define the rights and duties of citizens.
The nature of constitutions can be understood as an interaction of legal, political, and social systems. **As legal instruments, codified constitutions 'marry power with justice,' making the operation of power procedurally predictable, upholding the rule of law, and placing limits on the arbitrariness of power**. A written constitution is the supreme law of the land and provides standards for ordinary statutes. For example, the Indian Constitution, being written, provides for a **limited government, which is the core of Constitutionalism**. It defines the powers of the three organs of government and sets their limits. Unlike in the US, where limitations on fundamental rights were developed through court decisions, the Indian written constitution explicitly delineates these limitations.
