Jonah Patel
A constitution is a collection of a social group’s, nation’s, or state’s core values and laws that serve as the foundation for governance in a country. Constitutions can be written or unwritten, and the differences between the two lie in their structure, adaptability, and the process of implementation. While a written constitution is a formal document that is systematically and meticulously written down and embodied in a single text, an unwritten constitution is one in which the nation's legal choices, fundamental laws, and norms are not set in writing or combined into one document but are documented and based on customs, conventions, and historical precedents.
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What You'll Learn
- Written constitutions are formal, codified documents
- Unwritten constitutions are based on customs, conventions, and precedents
- Written constitutions are typically enacted through a formal process
- Unwritten constitutions are often found in countries with a long history of parliamentary democracy
- Written constitutions are adaptable and can be altered over time
Written constitutions are formal, codified documents
Written constitutions are enacted through a formal process and often require a special majority to amend. They are adaptable and can be altered over time, although the process can be time-consuming. The United States has the oldest written constitution, which was written on September 17, 1787, approved on June 21, 1788, and signed on March 4, 1789.
Written constitutions provide a clear outline of the nation's governance and are typically better suited for vast countries with diverse populations, such as India. They offer a structured framework that can be easily referred to and consulted at any time. The length of written constitutions can vary, with the Constitution of India being the longest and the Constitution of Monaco being the shortest.
Written constitutions empower the judiciary with more authority, allowing for judicial review to uphold the constitution. They provide a formal source of all constitutional laws in the country and are often supplemented by extra-textual aids, such as precedents and practices, to support and enrich the written document.
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Unwritten constitutions are based on customs, conventions, and precedents
An unwritten constitution is a set of fundamental principles that govern a nation but are not structured or compiled in a single written document. They are based on customs, conventions, judicial decisions, and historical precedents.
Unwritten constitutions are often found in countries with a long history of parliamentary democracy, such as the United Kingdom, New Zealand, and Israel. These countries' unwritten constitutions are based on statutes, common law, conventions, and traditions rather than a single written document. For example, the United Kingdom's unwritten constitution has evolved over time through acts of parliament and decisions of the courts, with various acts of parliament added to the collection of constitutional statutes.
New laws and guidelines are gradually added to an unwritten constitution, which evolves over time. This evolution occurs through the recognition of customs and practices observed for long periods by the courts, legislators, and bureaucracy. These practices may be added to a written constitution, as seen with the two-term limit for US presidents, which was an unwritten custom for nearly one and a half centuries before being added to the written Constitution.
Unwritten constitutions are based on conventions, which are unwritten rules that are not usually legally enforceable but hold as much sway as the letter of the law. For example, in the United States, the plain meaning of the text of the written Constitution may be misleading on certain issues. Legal scholar Akhil Reed Amar argues that the solution to these constitutional puzzles lies not only within the written document but also in the values, precedents, and practices that complement and complete the text.
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Written constitutions are typically enacted through a formal process
The process of enacting a written constitution can be lengthy and involves several steps. It often involves a constitution-making body, such as a constituent assembly or a constitutional convention, which is responsible for drafting the constitution. This body typically consists of representatives from different segments of society, ensuring that the constitution reflects the diverse interests and values of the people. The drafting process involves extensive debate and deliberation to ensure that the constitution is comprehensive and just. Once the draft is finalised, it is then put forward for approval, which can be done through various methods such as a referendum, legislative approval, or a combination of both.
In the case of the United States Constitution, the oldest written constitution, it was drafted on September 17, 1787, by James Madison, one of America's Founding Fathers. It was then approved on June 21, 1788, and signed on March 4, 1789. The process involved the gathering of delegates from different states, who debated and agreed upon the fundamental principles and provisions to be included in the constitution.
Countries with written constitutions include the United States, India, France, and Germany, among others. The Constitution of India is the longest written constitution of any country, with 395 articles in 22 parts and eight schedules. On the other hand, the Constitution of Monaco is the shortest written constitution, with 3,814 words. The process of enacting a written constitution can vary depending on the country and its specific circumstances, but it generally involves a formal and deliberate process involving representatives of the people.
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Unwritten constitutions are often found in countries with a long history of parliamentary democracy
A written constitution is a formal document that codifies the essence of the constitutional settlement, the laws governing the political system, and citizens' and governments' rights. It is meticulously written down and embodied in a single text or document. It includes government and citizen responsibilities and rights, the type of constitutional order, and the laws governing and controlling the system.
An unwritten constitution is not structured and is based on conventions, historical precedents, statutes, common law, and judicial decisions. It is not written down or systematically represented in a single document but is documented for the validity of the constitution. Unwritten constitutions are often found in countries with a long history of parliamentary democracy, such as the United Kingdom, New Zealand, and Israel.
The United Kingdom's unwritten constitution is primarily based on statutes, common law, and conventions rather than a single written document. The UK's political system evolved over time, and it is continuously being defined by acts of parliament and decisions of the courts. The closest the UK has come to a constitutional code is the Treaty of Union 1707.
New Zealand's constitution is an amalgamation of written and unwritten sources. It relies on statutes, conventions, and traditions to form its unwritten constitution. Important written sources include the Constitution Act 1986, the principles of the Treaty of Waitangi, and decisions of the courts.
Israel lacks a single written constitution but relies on a combination of Basic Laws that cover fundamental principles and rights. The Israeli Declaration of Independence promised a constitution by 2 October 1948, but due to irreconcilable differences in the Knesset, no complete codified constitution has been written yet.
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Written constitutions are adaptable and can be altered over time
Written constitutions are typically enacted through a formal process and often require a special majority to amend. They are frequently strict, with time-consuming modification procedures, which can make it challenging to adapt them to changing demands and circumstances. However, this structured format allows for a clear outline of the nation's governance, providing a cohesive and easily referenced guide.
Written constitutions can be supplemented and enriched by extra-textual aids, such as precedents set by early leaders, common practices of citizens, judicial decisions, and other privileged sources of inspiration. These supplementary elements are essential for interpreting and understanding the written constitution in its entirety.
While written constitutions provide a solid framework, they may not always enumerate all the rules, rights, principles, and procedures that govern a nation. Unwritten constitutions, on the other hand, can be more flexible, gradually evolving through the addition of new laws and guidelines. They are often found in countries with a long history of parliamentary democracy, such as the United Kingdom, where the political system has evolved over time through acts of parliament and court decisions.
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Frequently asked questions
A written constitution is a formal document that contains a set of fundamental principles that govern a nation. It is meticulously written down and embodied in a single text or a series of documents bound together as a book. It includes government and citizen responsibilities and rights, the type of constitutional order, and the laws governing and controlling the system.
An unwritten constitution is a set of fundamental principles that govern a nation but are not structured or compiled in a single written document. They are based on customs, conventions, judicial decisions, and historical precedents. It is not systematically written down but is documented and represented through statutes and court decisions.
A written constitution provides a clear outline of the rights and responsibilities of governments and citizens, the structure of the constitutional arrangement, and the laws that regulate the system. It is easier to refer to a written constitution as all the details are available in the form of a book.
An unwritten constitution is more flexible and adaptable than a written constitution. It evolves over time and is based on conventions and judicial decisions. It is also better suited for countries with diverse populations as it can be based on customs and traditions.
