Isabella Carter
While most countries have a written constitution, there are a few that have an uncodified constitution, meaning that their laws are not entrenched in a single document. The United Kingdom, for example, has a set of rules about who's in charge, how laws are made, and what rights people have, but these rules are not written in a single document. Other countries with uncodified constitutions include Canada, New Zealand, and Israel, all of which inherited their legal infrastructure from the UK. San Marino is another example, with several documents making up its constitution, some of which have lasted for centuries. Andorra did not have a codified constitution until 1993, and Saudi Arabia is one of the only countries that does not have any form of written constitution.
| Characteristics | Values |
|---|---|
| Countries without a written constitution | Saudi Arabia, the Vatican, the United Kingdom, New Zealand, Canada, Israel, China, San Marino, Andorra (until 1993), Thailand (until 1932) |
| Reason | The commonality among these countries is their colonial-era historic ties with the UK, except San Marino. |
| Alternative | These countries have uncodified constitutions, meaning laws are not written and entrenched in a single document. |
Explore related products
What You'll Learn
- The UK, Canada, New Zealand, and Israel inherited their legal infrastructure from the UK
- Saudi Arabia is the only country without a written or uncodified constitution
- China has both a written and unwritten constitution
- Andorra didn't have a codified constitution until 1993
- San Marino has several documents that make up its constitution
The UK, Canada, New Zealand, and Israel inherited their legal infrastructure from the UK
While it is difficult to ascertain the exact number of countries without a written constitution, it is known that Saudi Arabia and the Vatican are the only two countries without one. Other countries, such as the UK, Canada, New Zealand, and Israel, have uncodified constitutions, meaning they have a set of rules and laws that are not entrenched in a single document.
Canada's constitution is similar in principle to that of the UK, as stated in its preamble, although each province has the power to modify or enact its own constitution. Canada has three territories and several provinces, each with varying levels of sovereignty and powers.
New Zealand's constitution is referred to as an "unwritten constitution," although it is a mix of written and unwritten sources. It includes the Constitution Act 1986, statutes, orders in Council, letters patent, court decisions, and unwritten traditions and conventions.
Israel's legal system is a mix of Ottoman and British law due to the British Mandate of Palestine, which Israel inherited its laws from. The Israeli Declaration of Independence promised a constitution by 2 October 1948, but due to differences in the Knesset, no complete codified constitution has been written.
These countries' shared legal heritage has led to proposals for increased cooperation and even a potential merger, as in the case of the CANZUK proposal, which includes Canada, Australia, New Zealand, and the UK. This proposal aims to increase trade, foreign policy cooperation, and military cooperation among the four countries, leveraging their shared economic systems, social values, and political and legal systems.
Japan's Constitution: A Written, Formal, and Powerful Document
You may want to see also
Saudi Arabia is the only country without a written or uncodified constitution
A written constitution is a well-structured document that includes all the basic rules, institutions, and regulations of a country in a planned manner. It is prepared by an elected group of representatives and is rigid, requiring amendments. On the other hand, an unwritten or uncodified constitution is a type of constitution where the fundamental rules often take the form of customs, usage, precedent, and a variety of statutes and legal instruments. An uncodified constitution is adaptable and flexible, allowing for evolution according to the political and social forces of a country's history.
While many countries have a written constitution, there are a few that do not. For example, the United Kingdom's constitution is based on a set of laws and principles that define the relationship between the people and the state, as well as the activities of the legislature, judiciary, and the executive. However, these rules are not all written in a single document, and the UK is often considered to have an uncodified constitution. Similarly, Canada's constitution is a combination of written acts and unwritten conventions, with the preamble to its constitution declaring it to be "similar in principle to that of the United Kingdom."
New Zealand is another country that is often cited as having an unwritten constitution. While it has a set of laws and principles that define the country and its citizens, these are not consolidated into a single constitutional document. Instead, New Zealand's constitution is an amalgamation of written and unwritten sources, including the Constitution Act 1986, Acts of Parliament, court decisions, and unwritten traditions and conventions.
Among this list of countries with unwritten or uncodified constitutions, Saudi Arabia stands out as the only one without a truly defined constitution. While Sharia law has been adopted in an uncodified form, supplemented by regulations issued by royal decrees, there is no single document that serves as the country's constitution. With Quran and Sunnah adopted as the constitution, Saudi Arabia's unique situation makes it distinct from other countries with uncodified constitutions.
The French Constitution: Written or Unwritten?
You may want to see also
China has both a written and unwritten constitution
While most countries have a written constitution, some countries have an unwritten constitution, and a few have a combination of both. China is one such country with a hybrid constitution.
The People's Republic of China has a written constitution, which was first declared in 1954 and has been amended several times since. The current version, adopted in 1982, consists of 4 chapters and 143 articles. It explains the nature of the People's Republic of China as a "socialist state governed by a people's democratic dictatorship led by the working class." It also highlights the concept of democratic centralism and establishes the leadership of the Chinese Communist Party (CCP). The constitution provides a legal basis for broad changes in China's social and economic institutions and significantly revised the government structure, including the re-establishment of the posts of President and Vice President.
However, some Chinese academics, including legal theorist Jiang Shigong, argue that China also has an unwritten constitution. In his work, "Written and Unwritten Constitutions: A New Approach to the Study of Constitutional Government in China," Shigong explores four sources of China's unwritten constitution: the party's constitution, constitutional conventions, constitutional doctrine, and constitutional statutes. He emphasizes the need to consider China's unique political tradition and reality to enrich current constitutional scholarship.
The concept of an unwritten constitution is not unique to China. Countries like the United Kingdom, Canada, New Zealand, and Israel have uncodified constitutions, meaning their laws and principles are not entrenched in a single document. Instead, they are derived from various ancient documents, conventions, traditions, and court decisions.
While the written constitution of China outlines the fundamental laws and principles of the state, the unwritten constitution, as argued by Shigong, delves into the unique political dynamics and power structures within the country. This hybrid nature of China's constitution reflects the complexity of its governance and the interplay between formal laws and informal traditions.
Amendments: Are They Written on the Original US Constitution?
You may want to see also
Explore related products
Andorra didn't have a codified constitution until 1993
While most countries have a written constitution, some do not. For instance, the UK has a set of rules about who's in charge, how laws are made, and what rights people have, but these rules are not written in a single document. Similarly, Canada, New Zealand, and Israel have inherited their legal infrastructure from the UK, and thus do not have a single written constitution. China is argued by some to have both a written and unwritten constitution.
Andorra is another example of a country that did not have a codified constitution until 1993. Up until that point, there was no clear separation of powers, and the basic laws of the country were the two Andorran paréages of 1278 and 1288. The 1993 Constitution of Andorra, also known as the Principat d'Andorra, came into effect immediately upon its publication in the Official Gazette of the Principality of Andorra. It was adopted by the Consell in a solemn session on February 2, 1993, and approved by the Andorran people in a referendum on March 14, 1993.
Article 1 of the Andorran Constitution outlines the country's form of government, a diarchy with the Bishop of Urgell and the President of France as joint heads of state, and states that Andorra's sovereignty lies with its people. It also lists the country's parishes and declares that the official language is Catalan. The Constitution recognizes the principles of international law and states that any international treaties or accords concluded by Andorra are to be incorporated into the country's laws and cannot be modified or abrogated.
The 1993 Constitution also includes provisions for the judiciary, with the Qualified Law concerning the Judiciary regulating the status of nationality of judges and magistrates who are not Andorran. It establishes a transitional system for the continuity in office for judges who do not hold the required academic qualifications. Additionally, the Constitution outlines the process for general elections and the formation of the General Council, which has the right to amend bills.
Colorado's Constitution: A Lengthy Historical Document
You may want to see also
San Marino has several documents that make up its constitution
San Marino, officially known as the Republic of San Marino, is a microstate surrounded by Italy. It is the oldest existing representative republic and the smallest European state in terms of population, excluding Vatican City. San Marino has the world's oldest surviving constitution of any sovereign state, barring England's Magna Carta (1215).
San Marino's constitution is distributed across several documents, including some lasting centuries. These documents include six books of The Statues of 1600 and the Declaration of Citizen Rights of 1974, as amended in 2002. The Statues of 1600 are still at the core of its constitutional framework and form the basis of all law in effect today. The first book is constitutional in character and describes the various councils of San Marino, courts, and a number of administrative positions, including the Captains-Regent, and their powers. The last two articles explain how the law is to be interpreted and altered, including how the law is to be promulgated. The Declaration of Citizen Rights of 1974 begins with a repudiation of war and states that the people are sovereign. It also explains how the separation of powers doctrine is applicable to San Marino.
The current legal system of San Marino began on 8 October 1600 when the government gave binding force to a compilation of Statuti written by Camillo Bonelli, covering the institutions and practices of the Sammarinese government and justice at that time. It was written in Latin and contained in six books. The Statuti Comunali (Town Statute) had served San Marino from about 1300, and existing institutions, such as the Council of the Sixty, were carried forward from this period.
San Marino is a unique case, as it is the only country without colonial-era historic ties with the UK that does not have a single written constitution. New Zealand, the United Kingdom, and Canada, for example, are considered to have "unwritten" or "uncodified" constitutions, as their constitutions are an amalgamation of written and unwritten sources, with no single defining document.
America's Citizenship Evolution: Constitution to Today
You may want to see also
Frequently asked questions
Two — Saudi Arabia and the Vatican.
Yes, several countries have uncodified constitutions, meaning their laws are not entrenched in a single document.
The United Kingdom, Canada, New Zealand, and Israel are examples of countries with uncodified constitutions.
Yes, Israel and New Zealand have a mix of written and unwritten sources that make up their constitutions.
Some Chinese academics have argued that China has both a written constitution and an unwritten constitution based on the leadership of the Communist Party.
