Isabella Carter
Israel and the United Kingdom are two nations that do not have a formal written constitution. Israel has a series of Basic Laws that act as quasi-constitutional laws, intended to be the basis for a formal constitution. The UK, on the other hand, has a collection of written documents and unwritten arrangements, including conventions and unwritten agreements, that establish the country's principles.
Explore related products
What You'll Learn
Israel's Knesset has prevented a written constitution
Israel is one of the nations that do not have a formal written constitution. Instead, it has an uncodified constitution, which is an amalgamation of written and unwritten sources. The Israeli Declaration of Independence, which was signed on 14 May 1948, promised a formal constitution by 2 October 1948. However, due to irreconcilable differences in the Knesset, no complete codified constitution has been written.
The Knesset is the legislative branch of the Israeli government and is responsible for passing laws and overseeing the work of the government. It is a central player in Israel's constitutional development. The Knesset's inability to agree on a unified constitution has prevented the country from having a written constitution.
In 1950, the First Knesset made the Harari Decision, opting to postpone drafting a full constitution. Instead, they charged the Knesset's Constitution, Law, and Justice Committee with the task of drafting the document piecemeal. Each chapter would be called a Basic Law, and once all were written, they would be compiled into a complete constitution. These Basic Laws are quasi-constitutional laws that deal with government arrangements, human rights, and civil rights in Israel. They also outline the formation and role of the state's principal institutions and the relations between the state's authorities.
The Basic Laws have had a significant impact on Israel's constitutional framework. According to Justice Aharon Barak, who later became President of the Supreme Court, the passage of these laws initiated a "constitutional revolution" in Israel. Barak argued that the Basic Laws created a set of generalities and conflicting principles that required interpretation by the judiciary, giving them a crucial role in shaping Israel's constitutional landscape.
Despite the progress made through the Basic Laws, Israel still lacks a comprehensive, codified constitution. The Knesset's initial delay in drafting a constitution and the subsequent decision to take a piecemeal approach resulted in a prolonged process that has yet to be completed. While the Basic Laws provide a framework for governance and the protection of rights, they do not cover all constitutional issues, and there is no deadline for merging them into a single document.
In summary, Israel's Knesset has played a pivotal role in the country's constitutional development, but its inability to agree on a unified document and the decision to take a chapter-by-chapter approach have prevented Israel from having a formal written constitution. The Basic Laws have filled some of the gaps, but the process of compiling them into a complete constitution remains unfinished, leaving Israel with an uncodified constitution.
Impeachment's Place in the Constitution: A Historical Perspective
You may want to see also
Saudi Arabia follows the Quran as its constitution
Saudi Arabia is an absolute monarchy ruled by Islamic law, with the Quran and the Sunnah (Traditions) of the Prophet Muhammad forming the basis of its governance. In 1960, King Faisal declared the Quran to be the country's constitution, and in 1992, the Basic Law of Saudi Arabia was adopted by royal decree, formalising the country's commitment to Islamic law.
Article 1 of the Basic Law states that "God's Book (the Quran) and the Sunnah of His Prophet (Muhammad) are its (Saudi Arabia's) constitution". The Quran and the Sunnah are considered the ultimate sources of authority for the country's laws, with the Basic Law providing further details on how these laws are implemented and interpreted. For example, Article 7 of the Basic Law states that "governance in the Kingdom of Saudi Arabia derives its authority from the Book of God Most High and the Sunnah of His Prophet".
Saudi Arabia's legal system is based on Islamic jurisprudence, with the country adopting the Hanbali school of Islamic law as its official school of jurisprudence in 1928. The Supreme Judicial Council of Saudi Arabia passed a resolution requiring all civil transactions to be reviewed in courts using Hanbali texts. The country's highest court, the Supreme Court in Riyadh, oversees the implementation of Islamic law, with lower courts following Islamic law rules on procedure and evidence.
The Basic Law also outlines the rights and responsibilities of citizens, such as the right to security, privacy, and freedom from punishment for another's crimes. It establishes the official language as Arabic, with the capital in Riyadh, and confirms the country's commitment to Islamic values and principles.
Saudi Arabia's unique constitutional system, with the Quran as its foundation, sets it apart from other Muslim-majority countries and preserves the Sunni constitutional system that has prevailed in much of the Muslim world for centuries.
Dominican Republic Constitution: Its Historical Foundation
You may want to see also
New Zealand's constitution is a mix of written and unwritten sources
New Zealand is one of a small group of states whose constitution is considered "unwritten". However, this does not mean that there is an absence of constitutional writing in New Zealand. Instead, the country's constitution is an amalgamation of written and unwritten sources.
The Constitution Act 1986 is a central piece of legislation in New Zealand's constitution. This Act recognises the King as the Head of State and the Governor-General as his representative. However, it is not a single overarching constitutional document. Other written sources that make up New Zealand's constitution include the State Sector Act 1988, the Electoral Act 1993, the Judicature Act 1908, the Senior Courts Act 2016, the District Court Act 2016, and the Legislature Act 1908, the New Zealand Bill of Rights Act 1990, the Parliamentary Privilege Act 2014, and the Imperial Laws Application Act 1988, which incorporated British laws such as parts of the Magna Carta 1297 and the Bill of Rights 1688 into New Zealand law.
Unwritten sources of New Zealand's constitution include decisions of the courts, principles of the Treaty of Waitangi, and unwritten traditions and conventions. The Treaty of Waitangi is increasingly seen as an important source of constitutional law, and its principles appear in a number of statutes, although they have not been defined in statute. The unwritten nature of the constitution means that there is no agreed-upon process for change, and the New Zealand Parliament has the power to change or abolish elements of the constitution through ordinary acts of Parliament.
New Zealand's constitution is based on the "Westminster model", although this term is becoming less apt due to constitutional developments specific to the country, such as the introduction of a unicameral system. The country's legislative, executive, and judicial branches function in accordance with the Constitution Act 1986 and various unwritten conventions derived from the Westminster system.
Understanding Misdemeanors in the Context of the Constitution
You may want to see also
Explore related products
China has a written constitution based on Communist Party leadership
China has a written constitution, with the current version being declared in 1982. The country's constitution is based on Communist Party leadership, with the Chinese Communist Party (CCP) described as the "supreme political leadership force". The constitution affirms the achievements of the Chinese people of all ethnic groups and stipulates the fundamental system and tasks of the state. It is the fundamental law of the state and has supreme legal force.
The Chinese constitution describes the country as "a socialist state under the people's democratic dictatorship", with the system based on an alliance of the working classes, or the workers and peasants in communist terminology. It is led by the CCP, which acts as the vanguard of the working class. The constitution also establishes the centrality of Marxism-Leninism and Mao Zedong Thought as the party's official ideology.
The CCP's constitution has 55 articles, describing the program of the party, its organisational structure, and party symbolism. The party's view of democratic centralism is defined as "centralism based on democracy and democracy under centralised leadership". The CCP's constitution was last amended at the party's 20th National Congress in October 2022, with amendments including opposition to Taiwan independence and the strengthening of fighting ability.
The Chinese constitution has also been amended several times, with the most recent amendment occurring on 11 March 2018. This amendment further cemented the CCP's control and supremacy, including removing term limits for both the President and Vice President, enabling Xi Jinping to remain president indefinitely. The amendments also added the "Communist Party of China" and its "leadership" into the main body of the constitution, formally establishing one-party rule.
While China has a written constitution, there are two nations that do not have a formal written constitution. New Zealand and Israel are two examples of countries that have an "unwritten constitution". In New Zealand, the constitution is an amalgamation of written and unwritten sources, with no single constitutional document. Similarly, Israel's Declaration of Independence promised a constitution by 2 October 1948, but due to irreconcilable differences, no complete codified constitution has been written.
Understanding the Fundamentals of a Legally Binding Document
You may want to see also
Britain's uncodified constitution is flexible and adaptable
The United Kingdom is one of the nations with an uncodified constitution. This means that the UK's constitution is not a single document but an amalgamation of written and unwritten sources. The main sources of constitutional law are Acts of Parliament, court cases, and conventions in the way that the government, Parliament, and the monarch act. The flexibility of the UK's uncodified constitution allows for easy changes as no provisions are formally entrenched. This flexibility has been praised as it enables a pragmatic approach where different things can be tried, tested, and developed over time.
The UK's uncodified constitution has been modified frequently over the years in response to changing circumstances. For example, the Act of Settlement 1701 prevented Catholics from taking the English throne and provided for the ascension of the House of Hanover. This Act also established Parliament's right to decide on the line of succession, enhancing its power and protecting the independence of the judiciary. The Treaty and Acts of Union of 1706-1707, passed by both the English and Scottish Parliaments, implemented the Treaty of Union, uniting England and Scotland to form the Parliament of Great Britain.
The flexibility of the UK's uncodified constitution also allows each successive generation to influence it through their elected representatives. For instance, the new Labour government of 1997 was able to implement a wide-ranging constitutional programme, including devolution and human rights, which might have been more difficult under a codified constitution. The uncodified nature of the UK's constitution has been characterized as democratic, allowing elected politicians rather than unelected judges to have the final say.
The adaptability of the UK's uncodified constitution is further demonstrated in the constitution of British regional governments. The UK has a patchwork of authorities, mayors, councils, and devolved governments with varying powers. For example, unified district or borough councils in Wales, Scotland, Northern Ireland, and London hold local government powers, while England has a two-tier system of County and District Councils in some areas and unitary authorities in larger towns. The Localism Act 2011 further illustrates the adaptability of the UK's uncodified constitution, stating that local authorities may do anything an individual person may do unless prohibited by law.
The UK's Unwritten Constitution: A Unique System
You may want to see also
Frequently asked questions
There are currently six nations without a formal written constitution: Saudi Arabia, New Zealand, Canada, the United Kingdom, Israel, and China.
Nations without a formal written constitution have an uncodified constitution, where the fundamental rules take the form of customs, usage, precedent, statutes, and legal instruments. For example, the UK has operated for over a millennium without a written constitution because of its age and the existence of customs and conventions. Israel, on the other hand, has never had a written constitution due to the tumultuous times following its establishment in 1948, and the inability of its populace to reach a consensus.
The absence of a formal written constitution can have various implications, both positive and negative. In the case of Israel, the lack of a written constitution has been cited as a factor in the country's current clashes and potential vulnerability to undemocratic abuses of power. However, some argue that Israel can continue to thrive without a formal constitution, and that the importance of having one depends on its specific content and adoption process. On the other hand, uncodified constitutions are considered more adaptable and flexible, as they can evolve with time and do not require amendments.
