Codification (law)

Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a legislature, resulting in statutes; by the executive through decrees and regulations; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and also serves as a mediator of relations between people.

Legal systems vary between jurisdictions, with their differences analysed in comparative law. In civil law jurisdictions, a legislature or other central body codifies and consolidates the law. In common law systems, judges may make binding case law through precedent, although on occasion this may be overturned by a higher court or the legislature. Religious law is in use in some religious communities and states, and has historically influenced secular law.

The constitution of the United Kingdom comprises the written and unwritten arrangements that establish the United Kingdom of Great Britain and Northern Ireland as a political body. Unlike in most countries, no official attempt has been made to codify such arrangements into a single document, thus it is known as an uncodified constitution. This enables the constitution to be easily changed as no provisions are formally entrenched.

The Supreme Court of the United Kingdom and its predecessor, the Appellate Committee of the House of Lords, have recognised and affirmed constitutional principles such as parliamentary sovereignty, the rule of law, democracy, and upholding international law. It also recognises that some Acts of Parliament have special constitutional status. These include the Magna Carta, which in 1215 required the King to call a "common counsel" (now called Parliament) to represent the people, to hold courts in a fixed place, to guarantee fair trials, to guarantee free movement of people, to free the church from the state, and to guarantee rights of "common" people to use the land. After the Glorious Revolution, the Bill of Rights 1689 and the Claim of Right Act 1689 cemented Parliament's position as the supreme law-making body, and said that the "election of members of Parliament ought to be free". The Treaty of Union in 1706 and the Acts of Union 1707 united the Kingdoms of England, Wales and Scotland, the Acts of Union 1800 joined Ireland, but the Irish Free State separated after the Anglo-Irish Treaty in 1922, leaving Northern Ireland within the UK. After struggles for universal suffrage, the UK guaranteed every adult citizen over 21 years the equal right to vote in the Representation of the People (Equal Franchise) Act 1928. After World War II, the UK became a founding member of the Council of Europe to uphold human rights, and the United Nations to guarantee international peace and security. The UK was a member of the European Union, joining its predecessor in 1973, but left in 2020. The UK is also a founding member of the International Labour Organization and the World Trade Organization to participate in regulating the global economy.

An uncodified constitution is a type of constitution where the fundamental rules often take the form of customs, usage, precedent and a variety of statutes and legal instruments. An explicit understanding of such a constitution can be developed through commentary by the judiciary, government committees or legal experts. In such a constitutional system, all these elements may be (or may not be) recognized by courts, legislators, and the bureaucracy as binding upon government and limiting its powers. Such a framework is sometimes imprecisely called an "unwritten constitution"; however, all the elements of an uncodified constitution are typically written down in a variety of official documents, though not codified in a single document. However, there may be truly "unwritten" constitutional conventions which while not usually legally enforceable may hold just as much sway as the letter of the law.

An uncodified constitution has the advantages of elasticity, adaptability, and resilience. A. V. Dicey described the uncodified constitution as "the most flexible polity in existence." A significant disadvantage, however, is that controversies may arise due to different understandings of the usages and customs that form the fundamental provisions of the constitution.

Doctrine (from Latin: doctrina, meaning 'teaching, instruction') is a codification of beliefs or a body of teachings or instructions, taught principles or positions, as the essence of teachings in a given branch of knowledge or in a belief system. The etymological Greek analogue is 'catechism'.

Often the word doctrine specifically suggests a body of religious principles as promulgated by a church. Doctrine may also refer to a principle of law, in the common-law traditions, established through a history of past decisions.

A code of law, also called a law code or legal code, is a systematic collection of statutes. It is a type of legislation that purports to exhaustively cover a complete system of laws or a particular area of law as it existed at the time the code was enacted, by a process of codification. Though the process and motivations for codification are similar in different common law and civil law systems, their usage is different.

In a civil law country, a code of law typically exhaustively covers the complete system of law, such as civil law or criminal law.

A convention, also known as a constitutional convention, is an uncodified tradition that is followed by the institutions of a state. In some states, notably those Commonwealth states that follow the Westminster system and whose political systems derive from British constitutional law, most government functions are guided by constitutional convention rather than by a formal written constitution. In these states, actual distribution of power may be markedly different from those the formal constitutional documents describe. In particular, the formal constitution often confers wide discretionary powers on the head of state that, in practice, are used only on the advice of the head of government, and in some cases not at all.

Some constitutional conventions operate separately from or alongside written constitutions, such as in Canada since the country was formed with the enactment of the Constitution Act, 1867. In others, notably the United Kingdom, which lack a single overarching constitutional document, unwritten conventions are still of vital importance in understanding how the state functions. In most states, however, many old conventions have been replaced or superseded by laws (called codification).

The Hanafi school or Hanafism is the largest school of Islamic jurisprudence out of the four principal schools within Sunni Islam. It developed from the teachings of the jurist and theologian Abu Hanifa (c. 699–767 CE), who systemised the use of reasoning (ra'y). Hanafi legal theory primarily derives law from the Quran, the sayings and practices of Muhammad (sunnah), scholarly consensus (ijma) and analogical reasoning (qiyas), but also considers juristic discretion (istihsan) and local customs (urf). It is distinctive in its greater usage of qiyas than other schools.

The school spread throughout the Muslim world under the patronage of various Islamic empires, including the Abbasids and Seljuks. The region of Transoxiana emerged as a centre of classical Hanafi scholarship between the 10th and 12th centuries, which gave rise to the Maturidi school of theology. The Ottoman Empire adopted Hanafism as its official school of law and influenced the legal thought of the school, eventually codifying it as the Mecelle in the 1870s.

The United States Bill of Rights comprises the first ten amendments to the United States Constitution. It was proposed following the often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections raised by Anti-Federalists. The amendments of the Bill of Rights add to the Constitution specific guarantees of personal freedoms, such as freedom of speech, the right to publish, practice religion, possess firearms, to assemble, and other natural and legal rights. Its clear limitations on the government's power in judicial and other proceedings include explicit declarations that all powers not specifically granted to the federal government by the Constitution are reserved to the states or the people. The concepts codified in these amendments are built upon those in earlier documents, especially the Virginia Declaration of Rights (1776), as well as the Northwest Ordinance (1787), the English Bill of Rights (1689), and Magna Carta (1215).

Largely because of the efforts of Representative James Madison, who studied the deficiencies of the Constitution pointed out by Anti-Federalists and then crafted a series of corrective proposals, Congress approved twelve articles of amendment on September 25, 1789, and submitted them to the states for ratification. Contrary to Madison's proposal that the proposed amendments be incorporated into the main body of the Constitution (at the relevant articles and sections of the document), they were proposed as supplemental additions (codicils) to it. Articles Three through Twelve were ratified as additions to the Constitution on December 15, 1791, and became Amendments One through Ten of the Constitution. Article Two became part of the Constitution on May 5, 1992, as the Twenty-seventh Amendment. Article One is still pending before the states.

The Bürgerliches Gesetzbuch (German: [ˈbʏʁɡɐlɪçəs ɡəˈzɛtsbuːx] , lit. 'Civil Law Book'), abbreviated BGB, is the civil code of Germany, codifying most generally-applicably private law. In development since 1881, it became effective on 1 January 1900, and was considered a massive and groundbreaking project.

The BGB served as a template in several other civil law jurisdictions, including Japan, Korea, the Republic of China (Taiwan), Thailand, Brazil, Greece, Estonia, Latvia, and Ukraine. It also had a major influence on the 1907 Swiss Civil Code, the 1942 Italian Civil Code, the 1966 Portuguese Civil Code, and the 1992 reformed Dutch Civil Code.

The Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), or the Genocide Convention, is an international treaty that criminalizes genocide and obligates state parties to pursue the enforcement of its prohibition. It was the first legal instrument to codify genocide as a crime and the first human rights treaty unanimously adopted by the United Nations General Assembly on 9 December 1948, during the third session of the United Nations General Assembly. The Convention entered into force on 12 January 1951 and has 153 state parties as of February 2025.

The Genocide Convention was conceived largely in response to World War II, which saw atrocities such as the Holocaust that lacked an adequate description or legal definition. Polish-Jewish lawyer Raphael Lemkin, who had coined the term genocide in 1944 to describe Nazi policies in occupied Europe and the Armenian genocide, campaigned for its recognition as a crime under international law. Lemkin also linked colonialism with genocide, mentioning colonial genocides outside of Europe in his writings. In a 1946 resolution, the General Assembly recognized genocide as an international crime and called for the creation of a binding treaty to prevent and punish its perpetration. Subsequent discussions and negotiations among UN member states resulted in the CPPCG.

The Shulchan Aruch (Hebrew: שֻׁלְחָן עָרוּך, romanized: šulḥān ʿaruḵ, lit. 'Set Table' [ʃulˈħɔn ʕaˈruχ]), often called "the Code of Jewish Law", is the most widely consulted of the various legal codes in Rabbinic Judaism. It was authored in the city of Safed in what is now Israel by Joseph Karo in 1563 and published in Venice two years later. Together with its commentaries, it is the most widely accepted compilation of halakha or Jewish law ever written.

The halachic rulings in the Shulchan Aruch generally follow Sephardic law and customs, whereas Ashkenazi Jews generally follow the halachic rulings of Moses Isserles, whose glosses to the Shulchan Aruch note where the Sephardic and Ashkenazi customs differ. These glosses are widely referred to as the mappā "tablecloth" to the "Set Table". Almost all published editions of the Shulchan Aruch include this gloss, and the term has come to denote both Karo's work as well as Isserles', with Karo usually referred to as "the Meḥabbēr" (הַמְחַבֵּר, "Author") and Isserles as "the Rema" (a Hebrew acronym of his name).

The 1983 Code of Canon Law (abbreviated 1983 CIC from its Latin title Codex Iuris Canonici), also called the Johanno-Pauline Code, is the "fundamental body of ecclesiastical laws for the Latin Church". It is the second and current comprehensive codification of canonical legislation for the Latin Church of the Catholic Church. The 1983 Code of Canon Law was promulgated on 25 January 1983 by John Paul II and took legal effect on the First Sunday of Advent (27 November) 1983. It replaced the 1917 Code of Canon Law which had been promulgated by Benedict XV on 27 May 1917. According to canon 6, the 1983 code of canon law abrogates the 1917 code of canon law and any penal laws made under it that are not contained in the 1983 code.

The 1983 Code of Canon Law is composed of laws called canons.

The Code of Canons of the Eastern Churches (CCEC; Latin: Codex Canonum Ecclesiarum Orientalium, abbreviated CCEO) is the title of the 1990 work which is a codification of the common portions of the canon law for the 23 Eastern Catholic Churches in the Catholic Church. It is divided into 30 titles and has a total of 1546 canons. The code entered into force in 1991.

The western Latin Church is governed by its own particular code, the 1983 Code of Canon Law.

The 1917 Code of Canon Law (abbreviated 1917 CIC, from its Latin title Codex Iuris Canonici), also referred to as the Pio-Benedictine Code, is the first official comprehensive codification of Latin canon law.

Ordered by Pope Pius X in 1904 and carried out by the Commission for the Codification of Canon Law, led by Pietro Cardinal Gasparri, the work to produce the code was completed and promulgated under Pope Benedict XV on 27 May 1917, coming into effect on 19 May 1918. The 1917 Code of Canon Law has been described as "the greatest revolution in canon law since the time of Gratian" (1150s AD).