The tensions-based approach to constitutions

13th November 2026 And why this blog generally avoids three other, more traditional approaches There are three traditional ways at looking at constitutions, each of which have their weaknesses. This post sets out those three traditional approaches and why this blog follows a fourth approach. Forms The first is to look at the constitution’s form: in particular, is it codified or not codified? But in practice this does not get one very far. The United States constitution is codified but it, for example, does not mention judicial review – which was developed in case law. And so not all key elements of a constitution may be in a codified constitution – essential parts of it may still be “unwritten”. And the United Kingdom constitution is written down, but just not in one codified document. The United States constitution also show us why the form of a constitution is not a reliable guide to what actually happens. That constitution has many checks and balances, and they do not seem to have…

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