Eleanor Finch
An unwritten constitution is one that is not contained in a single document but consists of several sources, which may be written or unwritten. An unwritten constitution has the capacity to incorporate a country's customs and traditions over time, which can help strengthen its cultural identity. Six countries are currently employing an unwritten constitution: San Marino, Israel, Canada, Saudi Arabia, and New Zealand, and the United Kingdom.
| Characteristics | Values |
|---|---|
| Number of countries with unwritten constitutions | 6 |
| Countries with unwritten constitutions | San Marino, the United Kingdom, New Zealand, Canada, Israel, and Saudi Arabia |
| Advantages | Elasticity, adaptability, and resilience |
| Greater flexibility | |
| Can evolve over time to adapt to changing values | |
| Can help consolidate and strengthen a country's cultural identity | |
| Disadvantages | Lack of clarity |
| Difficulty enforcing the law | |
| Greater uncertainty | |
| More vulnerable to abuse of authority | |
| Controversies may arise due to different understandings of usages and customs |
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What You'll Learn
Canada's unwritten constitution
Canada's constitution is an amalgamation of codified acts and unwritten, but legally binding, rules of constitutional practice, known as conventions. The Constitution of Canada isn't a single document, but several that work together to function as a constitution. This is laid out in the Constitution Act of 1982, which states that "the Constitution of Canada is the supreme law of Canada", and any inconsistent law is null and void. The other core constitutional text is the Constitution Act of 1867 (originally enacted as the British North America Act), which outlined Canada's system of government, combining Britain's Westminster model of parliamentary government with the division of sovereignty (federalism).
Canada's constitution includes written and unwritten components. The unwritten principles are the implied and unstated assumptions of the Constitution. They are part of the internal architecture of the Constitution and are as much a part of it as any of its written provisions. All the unwritten principles are interdependent, meaning they are all related to one another and cannot be used to contradict each other. The Supreme Court of Canada has held that the list of unwritten principles is not exhaustive and that the Constitution includes a number of pre-Confederation acts and unwritten components as well.
The development of Canadian constitutional law has been heavily influenced by Canada's historical ties to the United Kingdom. The preamble to Canada's Constitution says that Canada "'is to have a Constitution similar in principle to that of the United Kingdom", and was meant to continue the constitutional principles from the UK. The UK's constitution is comprised of written and unwritten components, and Canada's Constitution Act of 1867 provides for a constitution "similar in principle" to the UK's largely unwritten constitution.
Unwritten constitutional principles are necessary because Canada's written Constitution does not deal with every problem or situation that could arise. They come from an understanding of the constitutional text itself, the Constitution's historical context, and previous court interpretations of constitutional meaning.
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Israel's Basic Laws
Israel is one of six countries that operate entirely or in part according to an unwritten or uncodified constitution. The Basic Laws of Israel were intended to be draft chapters of a future Israeli constitution. They act as a de facto constitution until their future incorporation into a formal, unitary, written constitution.
The State of Israel has an uncodified constitution. Instead of a formal written constitution, and in accordance with the Harari Decision of 13 June 1950, adopted by the Israeli Constituent Assembly (the First Knesset), the State of Israeli enacted several Basic Laws of Israel dealing with government arrangements and human rights. These Basic Laws should be considered the state's constitution, according to the ruling by Israeli Supreme Court president Aharon Barak.
The Basic Laws of Israel outline the structure and function of the government, individual liberties, and civil rights. They are not, however, all-encompassing. There are certain constitutional issues that are not covered by the Basic Laws, and there is no deadline set for the completion of the process of merging them into one comprehensive constitution. There is also no clear rule determining the precedence of Basic Laws over regular legislation, and in many cases, such issues are left to interpretation by the judicial system.
The Israeli Declaration of Independence stated that a formal constitution would be formulated and adopted no later than 1 October 1948. However, the Constituent Assembly, which convened in February 1949, could not reach an agreement. After only four meetings, it adopted the Transition Law, becoming the "First Knesset". The Knesset is the heir of the Assembly for the purpose of fulfilling the function of preparing a constitution.
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New Zealand's amalgamation of written and unwritten sources
New Zealand's constitution is an amalgamation of written and unwritten sources. It is an uncodified constitution, sometimes referred to as an "unwritten constitution", but this does not mean that there is an absence of writing, rather that there is no single constitutional document that is considered supreme.
The Constitution Act 1986 is central to New Zealand's constitution, alongside a collection of other statutes, orders in Council, letters patent, decisions of the courts, principles of the Treaty of Waitangi, and unwritten traditions and conventions. There is no distinction between ordinary statutes and "constitutional law", and no law is considered higher in status than any other. The New Zealand Parliament can perform "constitutional reform" by passing acts of Parliament, and thus has the power to change or abolish elements of the constitution.
New Zealand's constitution has been described as a "classic separation of powers", with a careful balance between the executive, legislature and judiciary. The country's legislative, executive and judicial branches function in accordance with the Constitution Act 1986 and various unwritten conventions, which are derived from the Westminster system.
The "unwritten" nature of New Zealand's constitution has been described as a reflection of the country's prized pragmatism, with constitutional talk often being dismissed as "academic navel-gazing". The common law developed by judges in light of New Zealand values serves an important updating function, writing things that remain unwritten.
New Zealand's constitution also has a Maori dimension, with the Treaty of Waitangi, made in 1840 between the United Kingdom sovereign and the indigenous Maori people, continuing to have implications for the country today.
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San Marino's ancient traditions
San Marino, officially the Republic of San Marino, is a landlocked country in Southern Europe, surrounded by Italy. It is the fifth-smallest country in the world, with a population of 34,042 as of 2025. Founded according to legend in 301 AD, San Marino claims to be the oldest extant sovereign state and the oldest constitutional republic. The country has a rich cultural heritage, including ancient traditions that have been preserved over the centuries.
One of San Marino's ancient traditions is its practice of having two heads of state, chosen through frequent elections. This custom is derived directly from the Roman Republic, with the council equivalent to the Roman Senate and the captains regent akin to the consuls of ancient Rome. The country's government was formed as Roman rule collapsed, with the inhabitants uniting to protect themselves from foreign rule.
San Marino has a thriving craft industry, with a special association monitoring the quality of all crafts sold in the country. The region's white sandstone has been used since ancient times for statues, building stones, friezes, and other objects. Other traditional crafts include pottery, painting, jewellery, wood carving, tile work, leather goods, and textiles.
The country also has a rich musical tradition, closely linked to Italy but with a distinct character. A well-known composer from the 17th century is Francesco Maria Marini, and the pop singer Little Tony achieved success in the UK and Italy during the 1950s and 1960s.
San Marino's cuisine also reflects its ancient traditions, with popular dishes such as homemade pasta, fagioli con le cotiche (a bacon soup), and nidi di rondine (hollow pasta filled with smoked ham, cheese, and a meat-tomato sauce). The traditional national sport is archery, practised historically as an art of warfare and now as a recreational activity.
In terms of countries with unwritten constitutions, San Marino is not one of them. The United Kingdom, New Zealand, and Israel are the only three countries in the world with unwritten or uncodified constitutions, meaning their constitutions are not defined by a single written document.
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The UK's uncodified constitution
The UK's constitution is uncodified, meaning that it is not written into a single document. Instead, it comprises written and unwritten arrangements that establish the United Kingdom of Great Britain and Northern Ireland as a political body. The UK's constitution is made up of various statutes, orders in Council, letters patent, court decisions, and unwritten traditions and conventions.
However, critics argue that the UK's uncodified constitution leaves the political system vulnerable to abuse. With limited checks on the power of a government with a majority in the House of Commons, there are concerns that a powerful government could alter the rules to its advantage or rush through poorly considered changes. Additionally, some find the uncodified constitution confusing and ambiguous, making it challenging for citizens to fully understand and identify potential abuses of power.
The UK is not alone in its approach; other countries with uncodified constitutions include Canada, New Zealand, Israel, and Sweden.
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Frequently asked questions
Canada and Israel. Both countries have unwritten or uncodified constitutions, meaning they don't have a single written document that defines all the laws, rules, and regulations.
New Zealand. New Zealand's constitution is made up of several documents, court decisions, laws, and traditions that work together to guide the country.
San Marino. San Marino's constitution incorporates documents and traditions that date back to the 1300s, even though the country itself wasn't officially formed until 1600. China has both a written constitution and an unwritten constitution based on the comprehensive leadership of the Communist Party. India has a written constitution.
The United Kingdom and Sweden. The UK does not have a single document that can be termed "the constitution". Sweden's constitution was the subject of much uncertainty and debate until the Instrument of Government in 1809. Andorra had an uncodified constitution until 1993.
