Uncodified constitution in the context of "Court"

A constitution, or supreme law, is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed.

When these principles are written down into a single document or set of legal documents, those documents may be said to embody a written constitution; if they are encompassed in a single comprehensive document, it is said to embody a codified constitution. The constitution of the United Kingdom is a notable example of an uncodified constitution; it is instead written in numerous fundamental acts of a legislature, court cases, and treaties.

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.

The Constitution of Canada (French: Constitution du Canada) is the supreme law in Canada. It outlines Canada's system of government and the civil and human rights of those who are citizens of Canada and non-citizens in Canada. Its contents are an amalgamation of various codified acts, treaties between the Crown and Indigenous Peoples (both historical and modern), uncodified traditions and conventions. Canada is one of the oldest constitutional monarchies in the world.

The Constitution of Canada comprises core written documents and provisions that are constitutionally entrenched, take precedence over all other laws and place substantive limits on government action; these include the Constitution Act, 1867 (formerly the British North America Act, 1867) and the Canadian Charter of Rights and Freedoms. The Constitution Act, 1867 provides for a constitution "similar in principle" to the largely unwritten constitution of the United Kingdom, recognizes Canada as a constitutional monarchy and federal state, and outlines the legal foundations of Canadian federalism.

Liberal democracy, also called Western-style democracy, or substantive democracy, is a form of government that combines the organization of a democracy with ideas of liberal political philosophy. Common elements within a liberal democracy are: elections between or among multiple distinct political parties; a separation of powers into different branches of government; the rule of law in everyday life as part of an open society; a market economy with private property; universal suffrage; and the equal protection of human rights, civil rights, civil liberties, and political freedoms for all citizens. Substantive democracy refers to substantive rights and substantive laws, which can include substantive equality, the equality of outcome for subgroups in society. Liberal democracy emphasizes the separation of powers, an independent judiciary, and a system of checks and balances between branches of government. Multi-party systems with at least two persistent, viable political parties are characteristic of liberal democracies.

Governmental authority is legitimately exercised only in accordance with written, publicly disclosed laws adopted and enforced in accordance with established procedure. To define the system in practice, liberal democracies often draw upon a constitution, either codified or uncodified, to delineate the powers of government and enshrine the social contract. A liberal democracy may take various and mixed constitutional forms: it may be a constitutional monarchy or a republic. It may have a parliamentary system, presidential system, or semi-presidential system. Liberal democracies are contrasted with illiberal democracies and dictatorships. Some liberal democracies, especially those with large populations, use federalism (also known as vertical separation of powers) in order to prevent abuse and increase public input by dividing governing powers between municipal, provincial and national governments. The characteristics of liberal democracies are correlated with increased political stability, lower corruption, better management of resources, and better health indicators such as life expectancy and infant mortality.

Constitutional history is the area of historical study covering both written constitutions and uncodified constitutions, and became an academic discipline during the 19th century. The Oxford Companion to Law (1980) defined it as the study of the "origins, evolution and historical development" of the constitution of a community.

The English term is attributed to Henry Hallam, in his 1827 work The Constitutional History of England. It overlaps legal history and political history. For uncodified constitutions, the status of documents seen as contributing to the formation of a constitution has an aspect of diplomatics.

The constitution of the Roman Republic was a set of uncodified norms and customs which, together with various written laws, guided the procedural governance of the Roman Republic. The constitution emerged from that of the Roman Kingdom, evolved substantively and significantly – almost to the point of unrecognisability – over the almost five hundred years of the republic. The collapse of republican government and norms beginning in 133 BC would lead to the rise of Augustus and his principate.

The republican constitution can be divided into three main branches: