Uncodified

Uncodified is an adjective describing something that has not been arranged, written, or organized into a formal code or single authoritative document. It usually refers to rules, laws, or principles that exist in practice rather than in a consolidated text.

In constitutional law, an uncodified constitution lacks a single written document that sets out the fundamental rules. Instead, its framework is drawn from a combination of statutes, common law, and constitutional conventions or practices. This can provide flexibility and adaptability, but it may also raise questions about accessibility, clarity, and constitutional revision.

Common contexts include political systems described as having uncodified or unwritten constitutions. The United Kingdom is the classic example, with constitutional rules spread across Acts of Parliament, judicial decisions, and conventions rather than a single charter. Other countries, such as New Zealand, are also described as largely uncodified though they maintain significant formal statutes and documents. In many jurisdictions, elements of the constitution are codified while others remain unwritten or customary.

Outside constitutional law, uncodified can describe rules or norms not formally written into a code, such as customary international law or organizational practices that are followed because of tradition rather than formal enactment.

Etymology-wise, uncodified combines the prefix un- with codify, meaning to arrange into a code. It contrasts with codified, where rules are compiled into a formal, accessible code or document.

See also: unwritten constitution, constitutional conventions, statutory law, common law, codification.