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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Codified / Uncodified Constitution

Matan A Gutman

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 08 December 2022

Subject(s):
Legitimacy — Rule of law — Unwritten constitutions — Bills of rights — Comparative constitutional law — Constitutions and amendments — Representative democracy

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.
Managing Editor: Ana Harvey

1 In most countries, the primary source of constitutional rules and norms is a legal document known as the Constitution, and as Tomkins states: ‘“written constitution” really means “codified constitution”. Thus, a written, or codified, constitution is one in which all the principal constitutional rules are written down in a single document named “The Constitution”’ (Tomkins 7). In other words, a codified constitution is in fact, a single legal document that codifies the constitutional norms and rules in a given legal system. 2 Does constitutional order require a...
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