Eleanor Finch
A written constitution is a constitution that has been meticulously written and embodied in a single document. The Constitution of India is the longest written constitution of any country in the world, with 395 articles in 22 parts and eight schedules. On the other hand, an unwritten constitution is not embodied in a single document but based on customs, norms, and precedents. The United Kingdom, New Zealand, and Israel are examples of countries with unwritten constitutions. While the term unwritten constitution is often used imprecisely, it is important to note that even in the absence of a single document, various elements of an unwritten constitution may be recognized as binding upon the government and limiting its powers.
| Characteristics | Written Constitution | Unwritten Constitution |
|---|---|---|
| Definition | A written constitution is a constitution that has been systematically and meticulously written down and embodied in a single document. | An unwritten constitution is a constitution in which the nation's legal choices, fundamental laws, and norms are not written down or systematically represented in a single document. |
| Examples | The United States, India, France, Germany, Canada, Monaco | United Kingdom, New Zealand, Israel, Sweden, China |
| Adaptability | Written constitutions are frequently strict, with time-consuming modification procedures. | Unwritten constitutions are flexible and can evolve over time. |
| Clarity | Written constitutions provide a clear outline of the rights, rules, and responsibilities of the government and its citizens. | Unwritten constitutions are imprecise and unclear, leading to inconsistencies and hindering government effectiveness. |
| Legitimacy | Written constitutions are formally codified and compiled in a structured and cohesive manner, providing legitimacy. | Unwritten constitutions may be considered less formal, undermining their legitimacy. |
| Abuse of Power | Written constitutions outline the powers of various branches of government, making it easier to identify abuses of power. | Unwritten constitutions do not clearly define the powers of the executive, legislative, and judicial branches, making them more vulnerable to abuses of power. |
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What You'll Learn
Written constitution definition
A written constitution is a formal and legal document that contains a set of fundamental principles that govern a nation. It outlines the rights, rules, and responsibilities of the government and its citizens, establishes the powers of various branches of government, and details the laws governing and controlling the system. It is systematically and meticulously written down and contained in a single text or a series of documents bound together as a book. It is typically enacted through a formal process and can be altered over time.
The United States Constitution, drafted in 1787 and ratified in 1788, is the oldest and one of the most well-known examples of a written constitution. It was written by James Madison, regarded as one of America's Founding Fathers. Other countries with written constitutions include India, which has the longest written constitution, France, Germany, and Canada.
Written constitutions are typically strict and may have time-consuming modification procedures, which can make them difficult to adapt to changing demands and circumstances. They provide a clear outline of the nation's governance, with all the details available in a book that can be referred to at any time. However, they may also be subject to litigation and can slow down the government's work as it must respond to any acts taken against it by citizens.
In contrast, an unwritten constitution does not have a single, written document that has a higher legal status over other laws and rules. Instead, it is based on a collection of laws, customs, conventions, judicial decisions, historical precedents, and statutes that have evolved over time. Unwritten constitutions are often found in countries with strong legal traditions and a long history of parliamentary democracy, such as the United Kingdom, New Zealand, and Israel.
The Magna Carta, signed by King John of England in 1215, is considered the oldest form of an unwritten constitution. It vowed to protect the rights of the nobility from any interference from the crown and eventually evolved into the United Kingdom's unwritten constitution.
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Unwritten constitution definition
An unwritten constitution is a set of fundamental principles that govern a nation but are not embodied in a single document. Instead, they are based on customs, conventions, judicial decisions, historical precedents, statutes, and common law. Unwritten constitutions are often found in countries with a long history of parliamentary democracy, such as the United Kingdom, New Zealand, and Israel.
The unwritten constitution is flexible and adaptable, allowing for gradual changes and additions to its laws and guidelines over time. However, this flexibility can also lead to inconsistencies and instability, especially when changes are made too easily or too quickly.
In an unwritten constitution, parliament is typically the highest authority, and its legal choices, fundamental laws, and norms are not systematically written down or combined into one document. Instead, they are represented in the judiciary's judgments and legislation through various documents such as writs, wills, bonds, processes, certificates, deeds, acts, and more.
The Magna Carta, signed by King John of England in 1215, is considered the world's oldest unwritten constitution. It evolved into the United Kingdom's unwritten constitution, which continues to be based on statutes, common law, and conventions rather than a single written document.
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Examples of written constitutions
A written constitution is a formal document that contains a set of fundamental principles that govern a nation. It is systematically and meticulously written down and contained 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.
The United States
The US Constitution, drafted in 1787, is one of the earliest and most well-known examples of a written constitution. It was written on September 17, 1787, approved on June 21, 1788, and signed on March 4, 1789. James Madison wrote the paper that served as a model for the US Constitution, and he is regarded as one of America's Founding Fathers. The US Constitution is notable for its longevity, remaining in force for several centuries with only minor revisions.
India
The Constitution of India is the longest written constitution of any country in the world, with 395 articles in 22 parts and eight schedules.
Monaco
The Constitution of Monaco is the shortest written constitution, with 3,814 words.
France
France has a written constitution, although it is worth noting that the French Constitution of 1791 lasted for less than a year.
Germany
Germany is another example of a country with a written constitution.
Canada
Canada has a written constitution, although it includes some unwritten elements, such as constitutional conventions and unwritten traditions, that are integral to its governance.
Japan
Japan's constitution was drafted in just one week, making it one of the fastest-created constitutions.
North Korea
North Korea has a written constitution, although the "Ten Principles for the Establishment of a Monolithic Ideological System" are said to have eclipsed it in importance in governing the country.
In contrast, an unwritten constitution is one where the nation's legal choices, fundamental laws, and norms are not systematically written down or combined into a single document. Instead, they are based on customs, conventions, judicial decisions, and historical precedents. Here are some examples of countries with unwritten constitutions:
- United Kingdom
- New Zealand
- Israel
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Examples of unwritten constitutions
An unwritten constitution is one in which the nation's legal choices, fundamental laws, and norms are not written down or systematically represented in a single document. Instead, they are based on customs, conventions, judicial decisions, and historical precedents. Here are some examples of countries with unwritten constitutions:
United Kingdom
The United Kingdom has an unwritten constitution primarily based on statutes, common law, and conventions rather than a single written document. The Magna Carta, signed by King John of England in 1215, is considered to be the precursor to the UK's modern unwritten constitution.
New Zealand
New Zealand's constitution is an amalgamation of written and unwritten sources. While there is no single constitutional document, the Constitution Act 1986 plays a central role, alongside statutes, orders in Council, letters patent, court decisions, principles of the Treaty of Waitangi, and unwritten traditions and conventions.
Israel
Israel does not have 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.
San Marino
San Marino has several documents that make up its constitution, including some lasting centuries. These documents include the six books of The Statues of 1600 and the Declarations of Citizen's Rights. San Marino's constitution is the oldest surviving written constitution in the world.
Sweden
Sweden's constitution was once a subject of uncertainty and debate, with questions surrounding the written and unwritten elements that comprised it. The Instrument of Government 1809 clarified that the constitution consisted of the Instrument of Government, the Freedom of the Press Act, the Fundamental Law on Freedom of Expression, and the Act of Succession.
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Pros and cons of written and unwritten constitutions
A written constitution is a document that contains a set of fundamental principles that govern a nation. It is formally codified and compiled in a structured and cohesive manner. It provides a clear outline of the rights, rules, and responsibilities of the government and its citizens. It also establishes the powers of various branches of the government and the mechanisms through which laws are created and enforced.
An unwritten constitution, on the other hand, is a set of fundamental principles that govern a nation but are not structured or compiled in a single written document. Instead, they are based on customs, conventions, judicial decisions, and historical precedents. An unwritten constitution evolves over time, with new laws and guidelines added gradually.
Pros and Cons of Written Constitutions
One of the main advantages of a written constitution is that it provides a clear and easily accessible framework for governance. It is a formal document that can be consulted at any time, providing certainty and stability to the political system. It also helps to uphold the rights of citizens, as people can quickly identify when their rights have been violated and seek redress through litigation.
However, a written constitution can also be inflexible and difficult to amend. The process of modifying a written constitution can be time-consuming and cumbersome, making it challenging to adapt to changing circumstances and demands. This inflexibility can lead to dissatisfaction and even social unrest if the constitution is unable to address emerging issues in a timely manner.
Pros and Cons of Unwritten Constitutions
The flexibility of unwritten constitutions is often cited as a key advantage. They can easily adapt to changing circumstances as they are based on evolving traditions and practices. Unwritten constitutions are also associated with strong legal traditions and a long history of parliamentary democracy.
However, the lack of a single, written document in an unwritten constitution may undermine its legitimacy. The absence of a clear set of rules can lead to ambiguity, uncertainty, and potential conflicts between different branches of government. The flexible nature of unwritten constitutions also makes them vulnerable to abuse of power and adverse changes, as it is easy to make modifications to the political system.
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Frequently asked questions
A written constitution is a document that contains a set of fundamental principles that govern a nation. It is formally codified and compiled in a structured and cohesive manner. It includes government and citizen responsibilities and rights, the type of constitutional order, and the laws governing and controlling the system.
An unwritten constitution also refers to a set of fundamental principles that govern a nation. However, they are not structured or compiled in a single written document. They are based on customs, conventions, judicial decisions, and historical precedents.
The United States, India, France, Germany, Japan, Canada, Sri Lanka, Switzerland, and Rwanda have written constitutions.
The United Kingdom, New Zealand, Israel, and Pakistan have unwritten constitutions.
Written constitutions are frequently strict, with time-consuming modification procedures, which raises questions about how to adapt them to changing demands and circumstances. Unwritten constitutions evolve over time, with new laws and guidelines added gradually. They are often found in countries with a long history of parliamentary democracy.
