Isabella Carter
While most countries have a written constitution, there are a few that do not. The United Kingdom, for example, has an unwritten or uncodified constitution, meaning there is no single document that defines all the laws, rules, and regulations of the country. Instead, the UK's political system has evolved over time through acts of parliament and court decisions, resulting in a collection of written documents and unwritten conventions that establish the country's principles. Israel, Canada, Saudi Arabia, and New Zealand are four other countries that are often cited as having no written constitution.
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What You'll Learn
The United Kingdom's unwritten constitution
The United Kingdom's constitution is unique in that it is an unwritten, or uncodified, constitution. This means that the UK does not have a single written document that defines all its laws, rules, and regulations. Instead, the UK constitution is made up of a collection of written and unwritten agreements, practices, and conventions that have evolved over time.
The UK's unwritten constitution includes written laws, conventions, and unwritten agreements around "the things that are done and the things that are not done." Some of the written sources of the UK's constitution include the Magna Carta, which dates back to 1215 and is considered the earliest form of an unwritten constitution, and the Human Rights Act of 1998, which incorporated the European Convention on Human Rights into British law and granted citizens specific positive rights. The leading institutions in the United Kingdom's constitution are Parliament, the judiciary, the executive, and regional and local governments, including the devolved legislatures and executives of Scotland, Wales, and Northern Ireland.
One advantage of the UK's unwritten constitution is that it allows for flexibility and easy changes since no provisions are formally entrenched. The constitution can evolve over time, with new laws and guidelines being added as needed. Additionally, proponents of an unwritten constitution argue that it allows for the protection of English rights embedded in the general English common law of personal liberty and the institutions and manners of the nation.
However, the UK's unwritten constitution has also faced criticism and challenges. One of the main challenges is the heavy reliance on convention and principle, which can be difficult to enforce if those in power do not abide by them. For example, Boris Johnson's tenure as Prime Minister tested the constitution's reliance on convention and principle, particularly during his resignation when he was forced to step down by his party colleagues. Additionally, opponents of an unwritten constitution argue that a written constitution would strengthen the legal protection of democracy and freedom and provide a clear founding document that tells citizens their rights and responsibilities.
In conclusion, the United Kingdom's unwritten constitution has both advantages and disadvantages. On the one hand, it allows for flexibility and evolution, and it protects English rights and liberties. On the other hand, it can be difficult to enforce and may not provide the same level of legal protection for democracy and freedom as a written constitution. The debate around the UK's unwritten constitution is ongoing, and it remains to be seen whether the country will eventually adopt a written constitution or continue with its tradition of an unwritten one.
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Israel's constitution and its judicial reforms
Israel is one of only five countries without a written constitution, along with Saudi Arabia, New Zealand, Canada, and the United Kingdom. In the absence of a formal written constitution, Israeli Chief Justice Aharon Barak advanced the notion in the 1990s that Basic Laws should be treated as having constitutional authority. This empowered the High Court to strike down legislation that contradicted a Basic Law, thereby broadening constitutional protections.
The Israeli judicial system has recently undergone significant reform, with five changes to the judicial system and the balance of powers proposed in January 2023. The reforms seek to curb the judiciary's influence over lawmaking and public policy by limiting the Supreme Court's power to exercise judicial review, granting the government more control over judicial appointments, and limiting the authority of its legal advisors. The effort was led by Yariv Levin, the Deputy Prime Minister and Minister of Justice, and Simcha Rothman, the Chair of the Knesset's Constitution, Law and Justice Committee.
The reforms have been highly controversial, with large-scale protests held across the country by those opposed to the changes. Critics argue that the reforms will undermine the independence of the judiciary, rendering the separation of powers in Israel meaningless, and leaving the country vulnerable to potential undemocratic abuses of power. They also claim that the reforms will shield Prime Minister Benjamin Netanyahu, who is currently on trial for alleged corruption, and help the government pass laws without any checks.
In response to the criticism, proponents of the changes argue that denying judicial review over Basic Laws will guarantee the Supreme Court's subjection to the rule of law and the source of democratic authority. They also claim that this is similar to the majority of Western countries in which there is no judicial review over constitutional norms.
Despite the controversy, the government, which holds a comfortable majority in parliament, passed the first planned change into law in July 2023. This was a so-called "reasonableness" bill that removed the power of the Supreme Court to cancel government decisions deemed "extremely unreasonable".
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Canada's unwritten constitution
Canada's constitution is a combination of written and unwritten elements. It is influenced by the country's historical ties to the United Kingdom, which also has an unwritten constitution. Canada's constitution is an amalgamation of codified acts and unwritten but legally binding rules of constitutional practice, known as conventions.
The Canadian constitution includes the fundamental principles of federalism, democracy, constitutionalism, the rule of law, and respect for minorities. It also explicitly recognises the rights of Canada's indigenous peoples and commits to reducing regional inequalities. The constitution is the supreme law in Canada, outlining the system of government and the civil and human rights of citizens and non-citizens.
Prior to the Constitution Act of 1982, Canada's constitution could be amended by an act of the British parliament, an informal agreement between federal and provincial governments, or by adoption as an oral convention or performance, demonstrating a precedential but unwritten tradition. The Constitution Act of 1982, along with the Constitution Act of 1867 (originally the British North America Act), are the two core constitutional texts.
Canada's constitution, like the UK's, includes written laws and unwritten conventions or agreements around "the things that are done and the things that are not done." These unwritten aspects are challenging to define but are based on the principle of working together for the benefit of everyone.
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New Zealand's constitution and its laws
New Zealand is one of the few countries that does not have a written constitution. An unwritten constitution evolves over time, with new laws and guidelines being added. In the case of New Zealand, the country's constitution includes ancient English statutes, such as the Magna Carta 1297, the Bill of Rights 1688, the Act of Settlement 1701, and the Royal Marriages Act 1772. These were confirmed as part of New Zealand law by the Imperial Laws Application Act 1988.
The Constitution Act 1986, the New Zealand Bill of Rights Act 1990, and the Public Finance Act 1989 are also important legislative components of New Zealand's constitution. The Treaty of Waitangi, which may indicate limits on majority decision-making, is another key document. The Treaty accords special recognition to Māori rights and interests, and in some situations, autonomous Māori institutions have a role within the wider constitutional and political system.
Fundamental constitutional principles and values in New Zealand law and practice run deep, and the courts often draw on them when interpreting legislation or deciding on cases. These include the rule of law, which holds that everyone, including the government, is subject to the law and must act within legal limits and be accountable for their actions. Another principle is that of an independent, impartial judiciary, with certain decisions being made by judges independent of the government.
Parliamentary sovereignty is another important principle, with Parliament being the supreme law-making body of New Zealand, consisting of the House of Representatives and the Governor-General. The House of Representatives has the exclusive power to regulate its own procedures and pass new legislation. The Constitution Act recognises that Parliament has full power to make laws, with a Bill becoming law when the Sovereign or Governor-General assents to it.
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San Marino's unwritten constitution
San Marino, a country founded in 301 AD, is named after Saint Marinus, a stonemason from the Roman island of Rab in present-day Croatia. Saint Marinus established a monastic community on Monte Titano, which later became the city and state of San Marino. The country has a unique constitutional structure, with a democratically elected legislature called the Grand and General Council, which selects two heads of state, the Captains Regent, every six months. These Captains Regent serve concurrently with equal powers.
San Marino's constitution is distributed over various legislative instruments, including the Statutes of 1600 and the Declaration of Citizen Rights of 1974, as amended in 2002. The Statuti, written in Latin, covered the institutions and practices of the Sammarinese government and justice system of the time. The first book of the Statuti contains 62 articles and is constitutional in nature, describing the various councils, courts, and administrative positions of San Marino, including the Captains-Regent and their powers. The second book, Civilium Causarum, contains 75 articles, with the first half providing for civil law procedures.
The Declaration of Citizen Rights, signed into law in 1974, includes a repudiation of war, a statement of the people's sovereignty, and an explanation of the separation of powers doctrine in San Marino. It guarantees citizens' rights, including equality, inviolability, freedom, and universal suffrage. The 2002 amendments to this declaration provided further detail on the organisation of the government and established a court to assess the compliance of laws with the Declaration of Rights.
San Marino's constitution also recognises, guarantees, and enforces the rights and fundamental freedoms set forth by the European Convention for the Protection of Human Rights and Fundamental Freedoms. It adheres to the principles enshrined in the Charter of the United Nations and recognises the right to political asylum. Additionally, San Marino has made amendments to its constitution to include protections for LGBT individuals, with the 2019 amendments banning discrimination based on sexual orientation.
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Frequently asked questions
Six countries currently have unwritten or uncodified constitutions.
The United Kingdom, Israel, Canada, Saudi Arabia, New Zealand, and San Marino don't have a written constitution.
An unwritten constitution is not a single document but several documents, court decisions, laws, traditions, and conventions that work together to guide the country.
