Tutorial Week 4 - Briefly explain the reasons as to why some countries may have no written constitution PDF

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Briefly explain the reasons as to why some countries may have no written constitution...

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Tutorial Week 4 1)Briefly explain the reasons as to why some countries may have no written constitution.

There are a few countries such as United Kingdom, Canada, Saudi Arabia and New Zealand who doesn’t have a written constitution due to various reasons.

United Kingdom 1. Uncodified constitution is more elasticity, adaptability and resilience. - A new condition or situation of government can be resolved through precedents or customary methods. - The most significant precedent would be Common law that was developed by the courts and judges through cases. - Even though a dissimilarity in material facts will affect the judgement in a whole. - For example: In order to discuss (Contract Law) about the knowledge of offer before acceptance, there was a conflicting decision between the case of Gibbons v Proctor and Fitch & Anor v Snedaker. - The flexibility of UK constitution can be proved by referring to the abolition of the majority of hereditary peers in the House of Lords, the introduction of codified rights of individuals for the the first time in the Human Rights Act 1998, and devolution to Scotland, Wales and Northern Ireland.

2. Historical Background. - It is necessary for those countries that have experienced revolution or regime change to construct new state institutions and define their relations with their citizens in detail. - However, political status in the United Kingdom has been remaining in a stable manner for a long period of time. Therefore, it is not necessary to have a written constitution.

3. Parliamentary sovereignty is illustrated. - Due to the ultimate power is held by the sovereign Westminster Parliament, law that was enacted by Parliament and passed by the Crown automatically considered as ultimate law.

4. Practice of Conventions. - Conventions are unwritten practices that have been developing for a long period, therefore Conventions are considered comprehensive enough to govern the States.

5. The UK is in fact subject to international law. -

Common law was inspired by international law. This is because the Parliament has chosen to increase its practical power in cooperation with other countries in international organisations. For example, International Labour Organization, the United Nations, the European Convention on Human Rights, the World Trade Organization, and the International Criminal Court.

New Zealand     

The constitution of New Zealand is a set of laws and principles that define the country and its citizens. Constitution is concerned with the relationship between the individual and the state, and how the government should function. No single single constitutional document and instead relies on several documents including the Constitution Act of 1986,Acts of Parliament and court decisions. The uncodified constitution establishes a country as Monarchy with the Treaty of Waitangi is considered as the founding document of the government. The 3 branches of government of New Zealand and their functions are founded on the Constitution Act of 1986.

Canada   

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Combination of written acts and unwritten conventions. It outlines the country’s system of government and rights of all citizens and those in the country. The constitution consists of Canada Act 1982, Constitution Act 1867, their amendments, and the acts and orders contained in Section 52(2) of the Constitution Act, 1982. The sources of the unwritten constitutional law include constitutional conventions, royal prerogative by the Crown, and unwritten principles. The Canadian Constitutional Law is concerned with the interpretation and the application of the constitution

Israel      

operates under an unwritten constitution and by the Harari Decision of June 30, 1950 which is adopted by the Israeli Constituent Assembly. Has also enacted several basic laws which focus on human rights and the government activities. The Basic Laws of Israel was the country’s common approach Considered the state’s constitution between 1995 and 2006 during the tenure of the Aharon Barak, the Supreme Court president. The state of Israel should have prepared its constitution by October 1, 1948, according to the proclamation of the state’s independence of May 14, 1948. The 1950’s decision to legislate the constitution chapter by chapter resulted in the disagreement on the purpose of the state and its identity.

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Several draft constitutions have been put forward for a formal constitution.

Saudi Arabia 

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Saudi Arabia bases its legal system on Sharia laws derived from the Quran and Sunnah of Prophet Muhammad. The Sharia also includes the Islamic scholarly consensus which is interpreted by the country’s judges Sharia has been adopted in Saudi Arabia in an uncodified form Sharia is also supplemented by regulations issued by royal decrees which put into consideration the modern issues such as intellectual property and corporate laws Sharia remains the ultimate authority in Saudi Arabia with Quran and Sunnah adopted as the constitution The uncodified Sharia laws often lead to considerable variation in interpretation and application. Court judges often refer to the six medieval texts from Hanbali School before making a ruling....