Unwritten constitution in the context of "Usage"

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⭐ Core Definition: Unwritten 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.

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Unwritten constitution in the context of Roman constitution

The Roman constitution was one of the general means by which the Roman people were governed. They were all unwritten. The first constitutional system of which anything meaningful is known is that of the Roman Republic. It developed after the overthrow of the Roman monarchy (traditionally dated to 509 BC). The second was that of the Roman Empire, which developed from that of the republic gradually during the early imperial period (from 27 BC on).

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Unwritten constitution in the context of Constitution of Sark

The Constitution of Sark is unwritten. Sark's constitutional status is largely independent of Guernsey.

The constitution of Sark was reformed by the Reform (Sark) Law 2008. This law was successfully challenged by David and Frederick Barclay, on the ground that the dual role of the office of Seneschal, as President of the Chief Pleas and chief judge, was incompatible with article 6 of the European Convention on Human Rights. The Reform (Sark) (Amendment) (No 2) Law was enacted in response in 2010, removing the right of the Seneschal to serve in the Chief Pleas.

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