Eleanor Finch
A country's constitution can be either codified or uncodified, also known as written or unwritten, respectively. The UK, New Zealand, and Israel are the only three countries in the world with an unwritten constitution, which means they do not have a single written document that defines all the laws, rules, and regulations. Instead, an unwritten constitution is an amalgamation of written and unwritten sources, including statutes, court decisions, and unwritten traditions and conventions. On the other hand, countries like India, the United States, and Sweden have codified constitutions, which are contained in a single document that serves as the single source of constitutional law in the state.
Countries with Written and Unwritten Constitutions
| Characteristics | Values |
|---|---|
| Countries with a written constitution | United States, India, France, Germany, Brazil, Australia |
| Countries with an unwritten constitution | UK, New Zealand, Israel |
| Countries with both written and unwritten constitutions | China, Sweden |
| Countries with no legally binding written constitution | Saudi Arabia |
| Countries with no single constitutional document | New Zealand, Israel |
| Countries with uncodified constitutions | Andorra (until 1993), Hungary (until 1949) |
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What You'll Learn
- The UK, New Zealand, and Israel have unwritten constitutions
- Advantages of unwritten constitutions include flexibility and adaptability
- Disadvantages of unwritten constitutions include uncertainty and abuse of authority
- China has both a written and unwritten constitution
- Sweden's constitution was previously a subject of uncertainty and debate
The UK, New Zealand, and Israel have unwritten constitutions
New Zealand's constitution is also uncodified, with no single constitutional document. Instead, it is an amalgamation of written and unwritten sources, including the Constitution Act 1986, statutes, orders in Council, letters patent, decisions of the courts, principles of the Treaty of Waitangi, and unwritten traditions and conventions. New Zealand's legislative, executive, and judicial branches function according to these various sources, with the monarch as the head of state, represented by the governor-general.
Israel's constitution is similarly unwritten. 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. Instead, Israel has several Basic Laws that serve as an unwritten constitution.
While these countries lack a single, codified constitution, their constitutional arrangements are dynamic and adaptable, allowing for easy changes to be made. However, the absence of a founding document can make it challenging to identify the specific rights and freedoms guaranteed to citizens.
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Advantages of unwritten constitutions include flexibility and adaptability
An unwritten constitution is not contained in a single document but comprises laws, statutes, court decisions, conventions, and practices. Countries such as the United Kingdom, New Zealand, and Israel utilize such constitutions.
Unwritten constitutions offer the advantage of flexibility and adaptability. They can adapt to the changing needs and values of society as they are not "set in stone" within a legal document. They can be easily amended or repealed through the ordinary legislative process and do not require any special procedures or supermajorities to make changes. This allows for quick adaptation to changing circumstances. For example, the two-term limit for presidents of the United States was an unwritten custom for over a century before being added to the written Constitution.
Unwritten constitutions can also help to consolidate and strengthen a country's cultural identity by incorporating its customs and traditions over time. A. V. Dicey described the uncodified constitution as "the most flexible polity in existence."
However, it is important to note that unwritten constitutions may also lead to uncertainty and inconsistency in governance due to their vague nature. They may lack clarity, making them more open to interpretation and susceptible to political manipulation.
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Disadvantages of unwritten constitutions include uncertainty and abuse of authority
An unwritten constitution can be defined as a constitution whose elements are typically written down in a variety of official documents, though not codified in a single document. Countries like the UK, New Zealand, and Israel are known to have unwritten constitutions. While unwritten constitutions offer the advantage of flexibility, they also come with certain disadvantages, including uncertainty and the potential for abuse of authority.
One of the main disadvantages of an unwritten constitution is the uncertainty it creates regarding what is and is not constitutional. Without a single codified document, it can be challenging to determine the constitutionality of certain actions or decisions, leading to disputes and disagreements. This lack of clarity can further complicate law enforcement, making it difficult to ascertain what is legal and what is not. For instance, the UK's unwritten constitution means that there is no single document that holds higher legal status over other laws and rules, potentially undermining the legitimacy of the constitution.
Unwritten constitutions can also make the legal system more vulnerable to abuse of authority. Without a clear and established set of rules, there is a risk of arbitrary interpretation and enforcement of laws, which may result in the government or those in power exploiting this ambiguity for their benefit. This ambiguity may also lead to controversies arising from differing interpretations of customs and traditions that form the basis of an unwritten constitution.
Furthermore, the absence of a written constitution can make it challenging to hold leaders accountable, especially during periods when parliamentary functions are suspended. For example, in the UK, the executive branch is unelected, and there are concerns that they could misuse their prerogative powers to avoid political accountability. This uncertainty and potential for abuse of authority highlight the importance of a clear and codified constitution that outlines the rules and responsibilities of both the government and its citizens.
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China has both a written and unwritten constitution
China is one of the few countries that have both a written and an unwritten constitution. The written Constitution of the People's Republic of China is the supreme law of the land, with supreme legal force. It is the fundamental standard of conduct for all people and institutions in the country. The current written constitution was adopted in 1982, with five subsequent revisions. It consists of 4 chapters and 143 articles, explaining 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 and based on an alliance of workers and peasants. The constitution also establishes the leadership of the Chinese Communist Party (CCP), the vanguard of the working class.
However, some Chinese academics, including legal theorist Jiang Shigong, argue that China also has an unwritten constitution based on the comprehensive leadership of the Communist Party. This unwritten constitution is derived from the party's constitution, constitutional conventions, constitutional doctrine, and constitutional statutes. It is influenced by China's unique political tradition and reality, and it shapes the interpretation and implementation of the written constitution.
The existence of both a written and an unwritten constitution in China reflects the complexity of its political system and historical context. The unwritten constitution allows for flexibility and adaptability, while the written constitution provides a framework for governance and the rule of law.
The advantages of an unwritten constitution include its ability to incorporate customs and traditions, strengthening cultural identity. It can also be more dynamic and flexible, as it is not set in a single document, making it easier to adapt to changing societal needs and values. However, a disadvantage is the lack of clarity, which can lead to uncertainty and disputes regarding the interpretation of legal principles.
In conclusion, China's constitutional order is shaped by both written and unwritten elements, with the written constitution providing the fundamental laws and the unwritten constitution influencing their interpretation and application.
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Sweden's constitution was previously a subject of uncertainty and debate
A country's constitution is a set of laws that regulate the political system and define the rights and freedoms of its citizens. While most countries have a written constitution, some countries, like the UK, New Zealand, and Israel, have an unwritten constitution, which is not codified in a single document but is instead an amalgamation of written and unwritten sources.
In Sweden, the Instrument of Government of 1809 expressly superseded all previous constitutions and related laws, but the specific written and unwritten elements that comprised the Swedish constitution remained uncertain. This uncertainty was addressed in 2021 when the Instrument of Government was amended to specify that the constitution of Sweden consists of four laws: the Instrument of Government, the Freedom of the Press Act, the Fundamental Law on Freedom of Expression, and the Act of Succession. These laws, known as the Basic Laws of Sweden, serve as a framework that stands above other laws and regulations, defining the rights, freedoms, and political system of the country.
The process of clarifying and amending Sweden's constitution illustrates the advantages and disadvantages of an unwritten constitution. On the one hand, an unwritten constitution is dynamic and flexible, allowing for easier adaptation to changing societal needs, values, customs, and cultural practices. On the other hand, the lack of a single codified document can lead to uncertainty, disputes, and vulnerabilities to authority abuse. The evolution of Sweden's constitution over time, influenced by historical events and political shifts, reflects the complex nature of constitutional law and its impact on a nation's governance and identity.
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Frequently asked questions
India, Japan, and the United States are examples of countries with written constitutions.
The United Kingdom, Canada, China, Israel, New Zealand, and Saudi Arabia are examples of countries with unwritten constitutions.
A written constitution is a structured document that includes all the basic rules, institutions, and regulations of a country in a planned manner. It is typically rigid and has to be amended. On the other hand, an unwritten constitution is not structured and evolves over time with new laws and guidelines being added. It is adaptable and flexible, and amendments do not need to follow any laws.
