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Judicial Review

Written

vs.

unwritten

and

codified

vs.

uncodified

Constitution

Some constitutions are largely, but not wholly, codified. For example, in the
Constitution of Australia, most of its fundamental political principles and regulations
concerning the relationship between branches of government, and concerning the
government and the individual are codified in a single document, the Constitution of
the Commonwealth of Australia. However, the presence of statutes with
constitutional significance, namely the Statute of Westminster, as adopted by the
Commonwealth in the Statute of Westminster Adoption Act 1942, and the Australia
Act 1986 means that Australia's constitution is not contained in a single
constitutional document. It means the Constitution of Australia is uncodified, it also
contain constitutional conventions, thus is partially unwritten.

The Constitution of Canada, which evolved from the British North America Acts until
severed from nominal British control by the Canada Act 1982 (analogous to the
Australia Act 1986), is a similar example. Canada's constitution consists of almost
30 different statutes.

The terms written constitution and codified constitution are often used
interchangeably, as are unwritten constitution and uncodified constitution, although
this usage is technically inaccurate. A codified constitution is a written constitution
contained in a single document, states that do not have such a document have
uncodified constitutions but not entirely unwritten constitutions since much of an
uncodified constitution is usually written in laws, such as the Basic Laws of Israel or
the Parliament Acts of the United Kingdom.

Type

Form

Example

Codified

in single act (document)

Most of the world constitutions.

Uncodified

fully written (in few documents)

San Marino, Saudi Arabia

Uncodified

partially unwritten (see constitutional


Canada, Israel, NZ, UK
convention)

Written Constitution and Constitutional Supremacy


Constitutional supremacy means that the constitution is upheld above any law or
legislation. A law that is passed cannot violate constitution rights. If a law is passed
that violates the constitution then it can be taken to court and contested as
unconstitutional.

Constitutional supremacy is a doctrine where by the constitution is supreme and the


government rule in acoordance with the cnstitution and at the same time the power
of government is limited by the constitution in order to escape a type of tyrant
government, and the rule of law is prevailing. In a nation that is governed and has a
legal system that functions under the rules of an adopted Constitutional form of
governement, then the Constitution IS the supreme law of the land.

Psrliamentary vs. Constitutional Suremacy


A system of government in which the law-making freedom of parliamentary
supremacy cedes to the requirements of a Constitution.

Parliamentary supremacy is a peremptory rule of constitutional law, that legislative


assemblies can make or repeal laws as they see fit, supreme over the dictates of
the judicial branch, and subject to the stated jurisdiction of the legislative assembly,
if any.

However, some jurisdictions, such as Canada, USA, India, Bangladesh have placed
limits on the Parliamentary supremacy of legislative assemblies within their territory
by enacting a paramount law, usually called a Constitution or a charter as in Charter
of Rights and Freedoms .

Article 7(2) Bangladesh Consitution


This Constitution is, as the solemn expression of the will of the people, the
supreme law of the Republic, and if any other law is inconsistent with this
Constitution and other law shall, to the extent of the inconsistency, be void.
South Africa

Section
2
Supremacy
of
Constitution
This Constitution is the supreme law of the Republic; law or conduct inconsistent
with it is invalid, and the obligations imposed by it must be fulfilled.

USA
Article. VI

This Constitution, and the Laws of the United States which shall be made in
Pursuance thereof; and all Treaties made, or which shall be made, under the
Authority of the United States, shall be the supreme Law of the Land; and the
Judges in every State shall be bound thereby, any Thing in the Constitution or Laws
of any State to the Contrary notwithstanding

Judicial Review
Judicial review is the doctrine under which legislative and executive actions are
subject to review by the judiciary.
A specific court with judicial review power may annul the acts of the state when it
finds them incompatible with a higher authority (such as the terms of a written
constitution).
Judicial review is an example of check and balances in a modern governmental
system where the judiciary checks the other branches of government.
This principle is interpreted differently in different jurisdictions, which also have
differing views on the different hierarchy of governmental norms. As a result, the
procedure and scope of judicial review may differ from country to country and state
to state.

Factors

Form of Constitution

Independent Judiciary

Judicial Activism

Basic Structure

Parliamentary Structure

Progressive Lawyers

Democratic Culture

Power Balance.