Editing Constitution (section)

===Classification===

{| class="wikitable"
|-
! Type !! Form !! Example
|-
| Codified || In single act (document) || Most of the world (first: [[Constitution of the United States|United States]])
|-
| rowspan=2 | Uncodified || Fully written (in few documents) || [[Constitution of San Marino|San Marino]], [[Basic Laws of Israel|Israel]], [[Basic Law of Saudi Arabia|Saudi Arabia]]
|-
| Partially unwritten (see [[constitutional convention (political custom)|constitutional convention]]) || [[List of Canadian constitutional documents|Canada]], [[Constitution of New Zealand|New Zealand]], [[Constitution of the United Kingdom|United Kingdom]]
|}

A fundamental classification is codification or lack of codification. A codified constitution is one that is contained in a single document, which is the single source of constitutional law in a state. An uncodified constitution is one that is not contained in a single document, consisting of several different sources, which may be written or unwritten; see [[constitutional convention (political custom)|constitutional convention]].

====Codified constitution====
Most states in the world have codified constitutions.

Codified constitutions are often the product of some dramatic political change, such as a [[revolution]]. The process by which a country adopts a constitution is closely tied to the historical and political context driving this fundamental change. The legitimacy (and often the longevity) of codified constitutions has often been tied to the process by which they are initially adopted and some scholars have pointed out that high constitutional [[Wiki-constitutionalism|turnover]] within a given country may itself be detrimental to the separation of powers and the rule of law.

States that have codified constitutions normally give the constitution supremacy over ordinary [[statute]] law. That is, if there is any conflict between a legal statute and the codified constitution, all or part of the statute can be declared ''ultra vires'' by a court and struck down as [[Constitutionality|unconstitutional]]. In addition, exceptional procedures are often required to [[constitutional amendment|amend a constitution]]. These procedures may include: the convocation of a special [[constituent assembly]] or constitutional convention, requiring a [[supermajority]] of legislators' votes, approval in two terms of [[parliament]], the consent of regional legislatures, a [[referendum]] process, and/or other procedures that make amending a constitution more difficult than passing a simple law.

Constitutions may also provide that their [[Entrenched clause|most basic principles can never be abolished, even by amendment]]. In case a formally valid amendment of a constitution infringes these principles protected against any amendment, it may constitute a so-called ''unconstitutional constitutional law''.

Codified constitutions normally consist of a ceremonial [[preamble]], which sets forth the goals of the state and the motivation for the constitution, and several articles containing the substantive provisions. The preamble, which is omitted in some constitutions, may contain a [[Constitutional references to God|reference to God]] and/or to fundamental values of the state such as [[liberty]], [[democracy]] or [[human rights]]. In ethnic nation-states such as [[Estonia]], the mission of the state can be defined as preserving a specific nation, language and culture.

====Uncodified constitution====
{{Main|Uncodified constitution}}

[[File:Magna Carta (British Library Cotton MS Augustus II.106).jpg|thumb|[[Magna Carta]]]]
{{As of|2017}} only two sovereign states, [[New Zealand]] and the [[United Kingdom]], have wholly uncodified constitutions. The [[Basic Laws of Israel]] have since 1950 been intended to be the basis for a constitution, but as of 2017 it had not been drafted. The various Laws are considered to have precedence over other laws, and give the procedure by which they can be amended, typically by a simple majority of members of the Knesset (parliament).<ref name=lawsintro>{{cite web|title=Basic Laws – Introduction|url=https://www.knesset.gov.il/description/eng/eng_mimshal_yesod.htm|website=The Knesset|date=2016|access-date=7 May 2017}} Article gives information on the procedures for amending each of the Basic Laws of Israel.</ref>

Uncodified constitutions are the product of an "evolution" of laws and conventions over centuries (such as in the [[Westminster System]] that developed in Britain). By contrast to codified constitutions, uncodified constitutions include both written sources – e.g. constitutional statutes enacted by the Parliament – and unwritten sources – [[Constitutional convention (political custom)|constitutional conventions]], observation of [[precedent]]s, [[royal prerogative]]s, [[convention (norm)|customs]] and traditions, such as holding general elections on Thursdays; together these constitute [[British constitutional law]].

====Mixed constitutions====
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 1931|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.{{citation needed|date=July 2020}} It means the Constitution of Australia is uncodified,{{dubious|date=July 2020}} it also contains [[Constitutional convention (political custom)|constitutional conventions]], thus is partially unwritten.

The [[Constitution of Canada]] resulted from the passage of several [[British North America Acts]] from 1867 to the [[Canada Act 1982]], the act that formally severed British Parliament's ability to amend the Canadian constitution. The Canadian constitution includes specific legislative acts as mentioned in section 52(2) of the [[Constitution Act, 1982]]. However, some documents not explicitly listed in section 52(2) are also considered constitutional documents in Canada, entrenched via reference; such as the [[Proclamation of 1763]]. Although Canada's constitution includes [[List of Canadian constitutional documents|a number of different statutes, amendments, and references]], some constitutional rules that exist in Canada are derived from unwritten sources and constitutional conventions.

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 single document; states that do not have such a document have uncodified, but not entirely unwritten, constitutions, since much of an uncodified constitution is usually written in laws such as the [[Basic Laws of Israel]] and the [[Parliament Acts 1911 and 1949|Parliament Acts]] of the United Kingdom. Uncodified constitutions largely lack protection against amendment by the government of the time. For example, the U.K. [[Fixed-term Parliaments Act 2011]] legislated by simple majority for strictly [[Fixed-term election|fixed-term parliaments]]; until then the ruling party could call a general election at any convenient time up to the maximum term of five years. This change would require a constitutional amendment in most nations.