Isabella Carter
As of 2017, only two sovereign states, New Zealand and the United Kingdom, have wholly uncodified constitutions. An uncodified constitution is sometimes referred to as an unwritten constitution, although all the elements of an uncodified constitution are typically written down in a variety of official documents, though not codified in a single document. The New Zealand constitution is an amalgamation of written and unwritten sources, with a central role played by the Constitution Act 1986, alongside other statutes, orders in Council, letters patent, decisions of the courts, principles of the Treaty of Waitangi, and unwritten traditions and conventions. The United Kingdom's constitution is the product of an evolution of laws and conventions over centuries, such as in the Westminster System that developed in Britain.
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What You'll Learn
- New Zealand's constitution is an amalgamation of written and unwritten sources
- The UK's uncodified constitution is the product of an evolution of laws and conventions
- China has a written constitution and an unwritten one based on Communist Party leadership
- Israel has no complete codified constitution due to irreconcilable differences in the Knesset
- Saudi Arabia has no legally binding written constitution, instead declaring the Quran as its constitution
New Zealand's constitution is an amalgamation of written and unwritten sources
The Constitution Act 1986 is a key piece of legislation that outlines the three branches of government in New Zealand: the Executive, the Legislature, and the Judiciary. It also recognises the monarch as the Head of State, with the Governor-General as their representative. The Act serves as a central pillar of New Zealand's constitution, alongside other statutes, orders in Council, letters patent, court decisions, and unwritten traditions and conventions.
While New Zealand's constitution includes formal legal documents and court decisions, it also incorporates unwritten sources such as principles of the Treaty of Waitangi, which is considered a founding document of the government. The Treaty of Waitangi Act 1975 put the text of the Treaty into statute and established the Waitangi Tribunal to investigate claims related to the Treaty's principles.
New Zealand's constitution also reflects common law, which plays a significant role in keeping the unwritten constitution adaptable, particularly in the field of human rights. The absence of a single constitutional document means that the New Zealand Parliament can perform "constitutional reform" by passing acts of Parliament, allowing it to change or abolish elements of the constitution.
The country's constitution includes a careful balance between the executive, legislature, and judiciary, reflecting the classic separation of powers that is fundamental to a constitution's system of checks and balances. This system is based on the "'Westminster model'", although New Zealand's unique constitutional developments have made this term less applicable over time.
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The UK's uncodified constitution is the product of an evolution of laws and conventions
The United Kingdom's constitution is one of the oldest in the world, dating back over a millennium. It is unique in that it is uncodified, meaning its core aspects are not contained in a single legal source. Instead, it is a collection of written and unwritten arrangements that establish the United Kingdom as a political body. These arrangements include specific Acts of Parliament, constitutional conventions, and judicial decisions.
The UK's uncodified constitution is a product of the country's history and evolution. Unlike France, Italy, and many other nations, the UK did not experience a revolution or political rupture during the late eighteenth or nineteenth centuries, when written constitutions were most popular. The UK's one revolution in the 17th century did produce a codified constitution, Cromwell's Instrument of Government, but this was short-lived.
The UK's constitution has evolved gradually over time, allowing for flexibility and adaptability. It has been modified frequently to respond to changing circumstances, with different approaches tried, tested, and developed. This evolutionary process has resulted in a constitution that is pragmatic and capable of absorbing change.
The uncodified nature of the UK's constitution has advantages and disadvantages. On the one hand, it allows for each successive generation to influence the constitution through their elected representatives. It enables a pragmatic approach and provides flexibility in trying and developing different political systems. On the other hand, critics argue that it leads to confusion and ambiguity, making it challenging for citizens to understand and hold the government accountable.
In summary, the UK's uncodified constitution is a product of the country's historical evolution, shaping a flexible and adaptable system. While it allows for generational influence and pragmatic governance, it also faces criticism for its complexity and potential for abuse.
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China has a written constitution and an unwritten one based on Communist Party leadership
China has a written constitution, which was first declared in 1954 and last updated in 1982. The document outlines the country's political system, including the role of the Chinese Communist Party (CCP) as the "supreme political leadership force". It also establishes China as a socialist state governed by a people's democratic dictatorship, with the working class and an alliance of workers and peasants at its core.
The Chinese constitution is influenced by the 1936 Constitution of the Soviet Union, but there are key differences. Unlike the Soviet constitution, the Chinese constitution does not include a right to secession and instead explicitly forbids it. While the Soviet constitution establishes a federal system, China's constitution creates a unitary multi-ethnic state, recognising the country's various ethnic groups and promoting equality, unity, mutual assistance, and harmony.
The Chinese constitution also outlines the relationship between the central and local governments, with the central government taking the lead while encouraging local government initiative and proactivity. It provides for the Chinese People's Political Consultative Conference, minor political parties, and people's organisations to play a vital role in the country's political and social life.
In addition to the written constitution, China also has an unwritten constitution based on Communist Party leadership. The CCP has its own constitution, which was first adopted in 1945 and has since undergone several amendments. The CCP constitution outlines the party's organisational structure, ideology, and role in promoting socialist democracy and developing a socialist legal system. It emphasises the concept of democratic centralism, defining and limiting democracy within the party, with central leadership taking precedence over the rights of party members to challenge that leadership.
Amendments to the CCP constitution have strengthened the status of the party's leader, Xi Jinping, by incorporating his theories and naming him as the ""core" of the party. These amendments have also provided a constitutional basis for China's status as a one-party state, rendering any competitive multi-party system unconstitutional.
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Israel has no complete codified constitution due to irreconcilable differences in the Knesset
Israel, a country that promised in its Proclamation of Independence to adopt a written constitution by 1 October 1948, has failed to do so. This failure is attributed to irreconcilable differences in the Knesset, stemming from religious-secular tensions. As a result, Israel has an uncodified constitution, with a set of Basic Laws that address government arrangements and human rights. These Basic Laws are quasi-constitutional and do not cover all constitutional issues. They are also subject to interpretation by the judicial system, which has led to criticism of the lack of a clear, unifying governing document.
The Knesset, Israel's legislature, acknowledges the need for a binding document that outlines the rules for state functioning. However, the country has struggled to reconcile differing worldviews and create a single constitution. This challenge is not unique to Israel, as other countries, like Canada and the United Kingdom, also lack written constitutions due to their reliance on precedent and deliberation.
The Basic Laws of Israel, enacted by the Knesset, serve as quasi-constitutional provisions. There are currently fourteen of these laws, which address the formation and role of state institutions and the protection of civil rights. While some of these laws can only be changed by a supermajority vote in the Knesset, there is no clear rule determining the precedence of Basic Laws over regular legislation, leading to interpretation by the courts.
The absence of a unified constitution in Israel has resulted in a system where unelected officials hold significant power. This has led to concerns about the effectiveness and representativeness of the government, as elections may not reflect the will of the people or result in a clear direction for the country.
Despite the lack of a formal written constitution, Israel's Supreme Court president Aharon Barak ruled that the Basic Laws should be considered the state's constitution during his tenure from 1995 to 2006. This view was not universally accepted, with some critics pointing to the scattered and interpreted nature of the Basic Laws as a flaw in Israel's governance.
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Saudi Arabia has no legally binding written constitution, instead declaring the Quran as its constitution
Saudi Arabia is one of the two model nations that do not have a legally binding written constitution. Instead, it declares the Quran, the religious text of Islam, as its constitution. This means that the Quran and the practice of Muhammad, or the Sunnah, form the basis of the country's laws and governance. Article 1 of the Basic Law of Saudi Arabia emphasizes this, stating that "God's Book (Quran) and the Sunna of his Prophet (Muhammad), are its (Saudi Arabia) constitution".
The absence of a written constitution in Saudi Arabia is deeply rooted in the country's cultural and religious views. Any reference to a constitution other than the Quran is stigmatized. This stance was reinforced by Prince Talal bin Abdul Aziz, who asserted that there cannot be "a constitution, a regulation, or a law that runs counter to the Islamic Sharia" within the nation.
The Basic Law of Saudi Arabia, adopted by royal decree in 1992, serves as a foundational document that outlines certain principles and guidelines. However, it is not considered a formal constitution in the traditional sense. The Islamic clergy, or ulema, including muftis and sheikhs, who hold dominant legal positions in the country, utilize both the Basic Law and Islamic sources such as the Quran, hadith, sunnah, and Islamic jurisprudence within the framework of Sharia law.
The unique constitutional situation in Saudi Arabia has significant implications for the nation's legal system and governance. It reflects a strong adherence to Islamic principles and values, ensuring that all laws and regulations align with Sharia law. This influences various aspects of Saudi Arabian society, including the official language (Arabic), the recognition of Riyadh as the capital, and the rights and duties of citizens, particularly with regard to the Islamic faith and the role of the monarch.
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Frequently asked questions
New Zealand and the United Kingdom are the only two sovereign states that have wholly uncodified constitutions.
An uncodified constitution is a type of constitution where the fundamental rules take the form of customs, usage, precedent, statutes, and legal instruments. While an uncodified constitution is sometimes imprecisely referred to as an "unwritten constitution", all its elements are typically written down in a variety of official documents, though not codified in a single document.
The Constitution of New Zealand 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. The United Kingdom's uncodified constitution is the product of an "evolution" of laws and conventions over centuries, such as in the Westminster System.
