Malcolm Rivera
While most countries have a single, formal, written constitution, a few nations rely on multiple documents and unwritten conventions for decision-making. These countries have unwritten or uncodified constitutions. Six countries are widely considered to have unwritten constitutions: Canada, Israel, New Zealand, Saudi Arabia, the United Kingdom, and San Marino. China may also be included in this list, as some academics argue that it has an unwritten constitution based on the leadership of the Communist Party.
| Characteristics | Values |
|---|---|
| Number of countries with an unwritten constitution | 6 |
| Countries with an unwritten constitution | Canada, China, Israel, New Zealand, Saudi Arabia, United Kingdom, San Marino, Kuwait, Jordan |
| Advantages | Elasticity, adaptability, and resilience |
| Disadvantages | Controversies may arise due to different understandings of customs and usages |
| Reason for not having a written constitution | Age of the country, lack of agreement on contentious issues, polarised society |
Explore related products
What You'll Learn
Israel's Basic Laws
The Israeli Declaration of Independence of 14 May 1948 stated that a constituent assembly should have prepared a constitution by 1 October 1948. However, due to irreconcilable differences in the Knesset, no complete codified constitution has been written yet. The Constituent Assembly, known as the First Knesset, convened in February 1949 and held several discussions about the constitution without reaching an agreement. On 13 June 1950, the First Knesset came to what was called the Harari Decision, opting to postpone drafting a full constitution immediately and instead charging the Knesset's Constitution, Law, and Justice Committee with the task of drafting the document piecemeal.
The Basic Laws of Israel deal with government arrangements and human rights. They include laws on freedom of expression, freedom of the press, freedom of religion, and extradition. While the Basic Laws act as a de facto constitution, they do not cover all constitutional issues, and there is no deadline set for merging them into a comprehensive constitution. There is also no clear rule determining the precedence of Basic Laws over regular legislation, and interpretation is often left to the judicial system.
During his tenure as Israeli Supreme Court president from 1995 to 2006, Aharon Barak ruled that the Basic Laws should be considered the state's constitution. This view was opposed by his colleague, Supreme Court Justice Mishael Cheshin. Calls for the enactment of a formal constitution as a single document have been made by various bodies in Israel, particularly during the 2023 anti-judicial reform protests. Ideas and drafts for a potential constitution have been submitted for consideration.
Sales Tax: Federal Power or Overreach?
You may want to see also
Canada's multiple documents
Canada's constitution is a large number of documents that have been entrenched in the constitution by various means. Together, these documents form the supreme law of Canada; no non-constitutional law may conflict with them, and none of them may be changed without following the amending formula given in Part V of the Constitution Act, 1982. The Constitution Act 1982 lays out how several documents work together to function as Canada's constitution.
Canada's constitution includes legislation that was specifically written as constitutional documents, statutes that have become entrenched since their original creation, some treaties and royal proclamations, unwritten procedures adopted from the British parliamentary system of government, and unwritten underlying values. The oldest Canadian constitutional documents were enacted before Confederation and originated from the English or British government. These documents were received into the law of Canada and its provinces by means of Section 129 of the Constitution Act, 1867. The Constitution Act 1867 laid the foundation for Canada's constitution, which was then built upon and modified as the need arose.
Some notable examples of documents entrenched in the Canadian constitution include agreements with the Aboriginal people of Canada. Section 35(1) of the Constitution Act, 1982, recognises and affirms "the existing aboriginal and treaty rights of the aboriginal peoples of Canada". Section 25 recognises that rights in the Charter will not abrogate or derogate from existing or future aboriginal rights. By referencing these agreements in a constitution act, these agreements are given constitution-level authority.
Other documents entrenched in the Canadian constitution include the power to make changes to the office of the Governor General of Canada and the Supreme Court of Canada. The documents creating these institutions are not mentioned in Section 52(2) as constitutional documents, but they are mentioned in the amending formula. The Supreme Court of Canada has made definitive rulings regarding whether a given document forms part of the constitution, but in many cases, the question remains unclear.
The Census: A Constitutional Mandate
You may want to see also
New Zealand's amalgamation
New Zealand's constitution is an amalgamation of written and unwritten sources. It is an uncodified constitution, sometimes referred to as an "unwritten constitution", although this is a misnomer. The phrase does not mean that a constitution is not written down, but rather that it is not written into law.
New Zealand's constitution is made up of several documents, court decisions, laws, and traditions that work together to guide the country. The Constitution Act 1986 is a key formal statement of New Zealand's system of government, in particular, the executive, legislature, and judiciary. The Act recognises the King as the Head of State of New Zealand and the Governor-General as his representative. The Governor-General is appointed by the King, on the advice of New Zealand's Prime Minister, and holds the office for a term of five years.
Other laws that outline the powers and functions of the three branches of government include the State Sector Act 1988, the Electoral Act 1993, the Judicature Act 1908, and the Senior Courts Act 2016. The Treaty of Waitangi, signed in 1840 between the United Kingdom sovereign and the indigenous Maori people, is also considered a founding document of government in New Zealand and is part of the country's constitution.
New Zealand's constitution is flexible and adaptable, with no special procedures for making constitutional law. The country's Parliament has the power to change or abolish elements of the constitution through ordinary legislative processes. This lack of a specific moment where the principles of government were deliberately decided is a key feature of an uncodified constitution.
Alien Enemies Act: Constitutional or Unconstitutional?
You may want to see also
Explore related products
UK's uncodified constitution
The United Kingdom is known for its uncodified constitution, which is not written into a single, formal document. Instead, the UK's constitution comprises various laws, common laws, conventions, and key historical documents like the Magna Carta and the Bill of Rights of 1689. Parliamentary sovereignty is considered the defining principle of the British Constitution, with the UK Parliament holding the ultimate law-making power to create or abolish any law.
The UK's uncodified constitution has been praised for its flexibility, allowing for a pragmatic approach to governance. The absence of a rigid framework enables the country to adapt to changing circumstances and try out different policies, gradually refining them over time. This adaptability is particularly advantageous when addressing complex and evolving issues, such as gun control, where a codified constitution might hinder progress due to strict amendment procedures.
However, critics argue that the UK's uncodified constitution has several drawbacks. One significant concern is the lack of checks and balances on the power of a majority government in the House of Commons. In theory, a dominant government could abuse its position, alter rules in its favour, or rush through detrimental constitutional changes without sufficient forethought. The uncodified nature of the constitution can also make it more challenging for citizens to understand, potentially hindering their ability to recognise any governmental abuse of power.
The UK's uncodified constitution is a result of its unique historical context. Unlike nations that underwent revolutions or significant crises prompting the creation of a written constitution, the UK never experienced such pivotal moments. The closest event was the 17th-century revolution, which briefly resulted in Cromwell's Instrument of Government, a codified constitution. However, this was short-lived, and the UK has since relied on an uncodified constitution that has evolved gradually over time.
Colorado's Legal Full Bathroom Requirements
You may want to see also
San Marino's age
San Marino is one of the six countries that currently have an unwritten constitution, also known as an "uncodified constitution". The small republic's governing system dates back to 1600, with unwritten customs, traditional practices, and statutes passed over centuries. The country's constitution incorporates documents and traditions that date back to the 1300s, even though San Marino itself was not officially formed until 8 October 1600. The Statuti Comunali (Town Statute) from around 1300 served as the basis for the country's laws until the 17th century. The Statutes are thought to be the oldest constitution of any existing nation and form the basis of all law in effect in San Marino today. The first book contains 62 articles that are constitutional in character and describe the various councils of San Marino, courts, administrative positions, and the powers assigned to them. The last two articles explain how the law is to be interpreted and altered, including promulgation.
San Marino's constitution has evolved with the country over the years. The most recent change was the Declaration of Citizen Rights, which was adopted in 1974 and amended in 2002. This declaration includes a repudiation of war, states that the people are sovereign, and explains how the separation of powers doctrine is applicable to San Marino. Citizens are guaranteed certain rights, including equality, inviolability, freedom, and universal suffrage. The 1974 declaration has been described as the fundamental law of the Republic of San Marino.
Federalism: The US Constitution's Founding Principle
You may want to see also
Frequently asked questions
Six countries currently have unwritten constitutions: Canada, New Zealand, the United Kingdom, Israel, San Marino, and Sweden.
An unwritten constitution is a misnomer. It does not mean that the constitution is not written down, but that it is not written into law. It is also known as an uncodified constitution.
A codified constitution is a formal, written document that outlines the legal principles and rights of a country. It is well-structured and includes all the basic rules, institutions, and regulations in a planned manner. It is rigid and has to be amended. An uncodified constitution, on the other hand, is more flexible, adaptable, and resilient. It is made up of rules found in various documents in the absence of a single document.
Canada's constitution is made up of several documents, court decisions, laws, and traditions that work together to guide the country. The United Kingdom's constitution is based on laws, common law, conventions, and key historical documents like the Magna Carta. Israel's unwritten constitution is called the Basic Laws of Israel, which outline the structure and function of the government, individual liberties, and civil rights.
