Judiciary in the context of "Uncodified constitution"

⭐ In the context of an uncodified constitution, the judiciary is considered…

Ad spacer

>>>PUT SHARE BUTTONS HERE<<<

👉 Judiciary in the context of Uncodified constitution

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.

↓ Explore More Topics
In this Dossier

Judiciary in the context of Government of Japan

The Government of Japan is the central government of Japan. It consists of legislative, executive and judiciary branches and functions under the framework established by the Constitution of Japan. Japan is a unitary state, containing forty-seven administrative divisions, with the emperor as its head of state. His role is ceremonial and he has no powers related to the Government. Instead, it is the Cabinet, comprising the prime minister and the ministers of state, that directs and controls the government and the civil service. The Cabinet has the executive power and is formed by the prime minister, who is the head of government. The Prime Minister is nominated by the National Diet and appointed to office by the Emperor. The current cabinet is the Takaichi Cabinet, which is led by prime minister Sanae Takaichi, who assumed office on 21 October 2025. The country has had a Liberal Democratic minority government since 2025.

The National Diet is the legislature, the organ of the Legislative branch. The Diet is bicameral, consisting of two houses with the House of Councilors being the upper house, and the House of Representatives being the lower house. The members of both houses of the Diet are directly elected by the people, who are the source of sovereignty. The Diet is defined as the supreme organ of sovereignty in the Constitution. The Supreme Court and other lower courts make up the Judicial branch and have all the judicial powers in the state. The Supreme Court has ultimate judicial authority to interpret the constitution and the power of judicial review. The judicial branch is independent from the executive and the legislative branches. Judges are nominated or appointed by the Cabinet and never removed by the executive or the legislature except during impeachment.

↑ Return to Menu

Judiciary in the context of Government

A government is the system or group of people governing an organized community, generally a state.

In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a means by which organizational policies are enforced, as well as a mechanism for determining policy. In many countries, the government has a kind of constitution, a statement of its governing principles and philosophy.

↑ Return to Menu

Judiciary in the context of Court of Justice of the European Union

The Court of Justice of the European Union (CJEU) (French: Cour de justice de l'Union européenne or "CJUE"; Latin: Curia) is the judicial branch of the European Union (EU). Seated in the Kirchberg quarter of Luxembourg City, Luxembourg, this EU institution consists of two separate courts: the Court of Justice and the General Court. From 2005 to 2016, it also contained the Civil Service Tribunal. It has a sui generis court system, meaning 'of its own kind', and is a supranational institution.

The CJEU is the chief judicial authority of the EU and oversees the uniform application and interpretation of European Union law, in co-operation with the national judiciary of the EU member states. CJEU also resolves legal disputes between national governments and EU institutions, and may take action against EU institutions on behalf of individuals, companies, or organisations whose rights have been infringed.

↑ Return to Menu

Judiciary in the context of Magistrate

The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a magistratus was one of the highest ranking government officers, and possessed both judicial and executive powers. In other parts of the world, such as China, magistrate is a word applied to a person responsible for administration over a particular geographic area. Today, in some jurisdictions, a magistrate is a judicial officer who hears cases in a lower court, and typically deals with more minor or preliminary matters. In other jurisdictions (e.g., England and Wales), magistrates are typically trained volunteers appointed to deal with criminal and civil matters in their local areas.

↑ Return to Menu

Judiciary in the context of Election

An election is a formal group decision-making process whereby a portion or all of a population or group votes to chooses an individual or multiple individuals to hold public office or other position of responsibility.

Elections have been the usual mechanism by which modern representative democracy has operated since the 17th century. Elections may fill offices in the legislature, sometimes in the executive and judiciary, and for regional and local government, such as cities or towns. This process is also used in many other Standardized Associations, public businesses, and organizations , from clubs to voluntary association and corporations.

↑ Return to Menu

Judiciary in the context of Authority

The term authority identifies the political legitimacy, which grants and justifies rulers' right to exercise the power of government; and the term power identifies the ability to accomplish an authorized goal, either by compliance or by obedience; hence, authority is the power to make decisions and the legitimacy to make such legal decisions and order their execution.

↑ Return to Menu

Judiciary in the context of Social inequality

Social inequality occurs when resources within a society are distributed unevenly, often as a result of inequitable allocation practices that create distinct unequal patterns based on socially defined categories of people. Differences in accessing social goods within society are influenced by factors like power, religion, kinship, prestige, race, ethnicity, gender, age, sexual orientation, intelligence and class. Social inequality usually implies the lack of equality of outcome, but may alternatively be conceptualized as a lack of equality in access to opportunity.

Social inequality is linked to economic inequality, usually described as the basis of the unequal distribution of income or wealth. Although the disciplines of economics and sociology generally use different theoretical approaches to examine and explain economic inequality, both fields are actively involved in researching this inequality. However, social and natural resources other than purely economic resources are also unevenly distributed in most societies and may contribute to social status. Norms of allocation can also affect the distribution of rights and privileges, social power, access to public goods such as education or the judicial system, adequate housing, transportation, credit and financial services such as banking and other social goods and services.

↑ Return to Menu