Simone Lawson
A constitution is the fundamental framework of a nation's political system, outlining the relationship between a country's government and its citizens. Constitutions can be written or unwritten. A written constitution is a formal document that serves as the supreme law of the land, establishing the rights and responsibilities of the government. An unwritten constitution is a set of fundamental principles that govern a nation, but they are not structured or compiled in a single written document. Instead, they are based on customs, conventions, judicial decisions, and historical precedents. The UK, New Zealand, and Israel are the only three countries in the world with an unwritten constitution, while the US, Germany, France, India, and Canada are examples of countries with written constitutions.
Written vs Unwritten Constitution
| Characteristics | Written Constitution | Unwritten Constitution |
|---|---|---|
| Definition | A constitution that is systematically and meticulously written down and contained in a single text or document | 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 of America, India, Australia (partially) | The United Kingdom, New Zealand, Israel, Monaco |
| Adaptability | Can be altered over time | Can be rigid, flexible, or a combination of both |
| Power Distribution | Allows for fair power distribution between the centre and federal units | Does not allow for fair power distribution between the centre and federal units |
| Judicial Review | The judiciary has more power and can use judicial review to uphold the Constitution | N/A |
| Size | The Indian Constitution is the longest written constitution in the world, with 385 or 395 items, 12 schedules, and 22 parts | The Constitution of Monaco is the shortest written constitution with 3,814 words |
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What You'll Learn
- Written constitutions are adaptable and can be altered over time
- Unwritten constitutions are not structured and are based on conventions and judicial decisions
- The UK, New Zealand and Israel have unwritten constitutions
- The US Constitution is the oldest written constitution
- The Magna Carta is the oldest unwritten constitution
Written constitutions are adaptable and can be altered over time
A written constitution is one that has been meticulously documented and contained in a single text or a series of documents bound together as a book. It includes the rights and responsibilities of governments and citizens, the type of constitutional order, and the laws governing the system. Written constitutions are adaptable, which means they can be altered over time to accommodate changing demands and circumstances.
The process of altering a written constitution typically involves a specialized body charged with drafting and adopting amendments. This ensures that the changes are carefully considered and duly passed. For example, the Indian Constitution, the largest written constitution, took nearly three years to complete and involved eleven sessions held by the constituent assembly. This thorough process resulted in a comprehensive document consisting of 385 items, 12 schedules, and 22 parts.
The adaptability of written constitutions allows them to address insufficiencies and better serve the diverse needs of a country's population. This is particularly important in countries like India, which has a large and diverse population with varying ethnic and socioeconomic backgrounds. By being able to adapt the constitution, the government can ensure that it remains relevant and effective for all citizens.
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. While unwritten constitutions can also evolve and adapt, the process is often gradual and may not keep pace with the rapidly changing demands of a dynamic society.
The adaptability of written constitutions is a significant advantage, especially in modern times when social, economic, and political changes occur rapidly. By having a written constitution that can be altered, a country gains the flexibility to update its governing principles and ensure they remain suitable for the present context. This adaptability can contribute to the long-term stability and effectiveness of the constitution.
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Unwritten constitutions are not structured and are based on conventions and judicial decisions
The unwritten constitution is defined as a constitution in which a nation's legal choices, fundamental laws, and norms are not written down or systematically represented in a single document. It is considered "unwritten" when the provisions or laws of the constitution are not set in writing but are documented in various forms, such as conventions, precedents, and judicial decisions.
The unwritten constitution is based on customs, conventions, and historical precedents. It evolves over time, with new laws and guidelines added gradually. This characteristic of an unwritten constitution can be advantageous as it allows for flexibility and adaptability to changing circumstances. However, the lack of a structured, written document can also lead to challenges in interpreting and enforcing the constitution's principles.
The United Kingdom, New Zealand, and Israel are examples of countries with unwritten constitutions. The Magna Carta, signed by King John of England in 1215, is considered the oldest unwritten constitution. It was a Bill of Rights for Nobles, vowing to protect their rights against the crown's intervention. Over time, the Magna Carta evolved into the United Kingdom's unwritten constitution.
Unwritten constitutions are often found in countries with a long history of parliamentary democracy. They may be problematic for a federal system as they do not always allow for a fair distribution of power between the central government and federal units. This can create challenges in governing and maintaining stability within the nation.
In contrast, a written constitution is systematically and meticulously written down and embodied in a single document or a series of documents bound together as a book. It includes the duties and rights of governments and citizens, the structure of the government, and the laws that regulate the system. The process of drafting and adopting a written constitution involves a specialized body that specifies the government's fundamental organs and bodies.
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The UK, New Zealand and Israel have unwritten constitutions
The UK, New Zealand, and Israel are often said to have 'unwritten' constitutions. However, this is not strictly true, as these countries have collections of written documents and unwritten arrangements that establish the country's principles. The UK, for example, has an uncodified constitution, meaning it is not brought together in a single document. Instead, it is written in different documents, such as the Human Rights Act and the Scotland Act.
The UK has never had a written constitution because it never needed one, given its age and stability. The English Parliament dates back to the 13th century, and the country has not experienced a major historical turning point, such as a revolution or a collapse of the previous system of government, that would have prompted the codification of its constitution.
Israel, on the other hand, has never had a written constitution because, following its founding in 1948, it could not afford the time to write one without risking tearing the public apart. The country was dealing with war, mass immigration, and austerity, and those tasked with drafting the constitution were unable to come to a consensus. Instead, Israel has a series of Basic Laws—quasi-constitutional laws that were intended to form the basis for the eventual constitution.
New Zealand, like the UK, has an uncodified constitution. This means that while there is no single document that outlines the country's laws and principles, there are various written and unwritten sources that contribute to its constitution.
Some argue that the lack of a codified constitution in these countries can make it harder to understand and may lead to difficulties in interpreting and applying the law consistently. However, uncodified constitutions are generally more flexible and easier to amend than their codified counterparts. This flexibility can be advantageous, allowing for quicker adaptations to changing circumstances and demands.
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The US Constitution is the oldest written constitution
The US Constitution, signed on September 17, 1787, and ratified in 1788, is the oldest written constitution in the world that is still in use. It is also the longest-standing written constitution. The US Constitution was introduced in 1789 and consists of seven articles. The first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, the executive, and the judicial.
The US Constitution is not, however, the oldest constitution in the world. The Constitution of San Marino, written in 1600, is the oldest surviving constitution. Additionally, the UK's unwritten constitution, which evolved from the Magna Carta, is considered the oldest existing constitution if the Magna Carta is counted. The Magna Carta was signed in 1215 and is thought to be the world's oldest unwritten constitution.
A written constitution is one that has been meticulously documented 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 the system. Written constitutions are typically strict and can be challenging to adapt to changing demands and circumstances due to their time-consuming modification procedures.
On the other hand, 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. Unwritten constitutions can be rigid, flexible, or a combination of both. The UK, New Zealand, and Israel, for example, have unwritten constitutions.
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The Magna Carta is the oldest unwritten constitution
The Magna Carta, signed in 1215 by King John of England, is considered the world's oldest unwritten constitution. It is viewed as a fundamental charter or constitution for the modern-day United Kingdom, though it was originally a Bill of Rights for Nobles, protecting their rights against the crown's intervention. Over time, the Magna Carta has evolved into the United Kingdom's unwritten constitution, which includes customs and unwritten norms of constitutional practice, alongside historic laws like the 1689 Bill of Rights.
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 documented in various forms, such as judiciary judgments, legislation, conventions, precedents, and other legal enactments. The unwritten constitution of the United Kingdom is ever-evolving and changing, adapting to social, political, and economic developments. It is based on customs and values rather than written principles.
In contrast, a written constitution 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 the system. A specialized body is responsible for drafting and adopting the written constitution, which specifies the fundamental organs and bodies of the government.
While the Magna Carta is considered the oldest unwritten constitution, it is important to note that its interpretation has evolved over time. Initially, it was seen as a restoration of ancient English freedoms and liberties, overthrowing the Norman invasion of 1066. However, historians now view the interpretation of the charter as a universal legal rights document as a myth created later. Despite this shift in understanding, the Magna Carta remains a powerful symbol of liberty and continues to be respected by legal communities in Britain and America.
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Frequently asked questions
A written constitution is a constitution that has been systematically and meticulously written down and embodied in a single document 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 constitution in which the nation's legal choices, fundamental laws, and norms are not written down or systematically represented in a single document. They are based on customs, conventions, judicial decisions, and historical precedents.
A written constitution provides a clear and consistent framework for the operation of the government and the rights and responsibilities of citizens. It is also adaptable and can be altered over time.
An unwritten constitution is flexible and can evolve over time as new laws and guidelines are gradually added. It is based on conventions and precedents, which allows for a more dynamic interpretation of the law.
