Difference between Written and Unwritten Constitution

Constitution is a formal document. They show how things are organized, who’s in charge, and what they can do. There are two main kinds: written and unwritten. Written ones are official documents, like the U.S. Constitution. They’re all written down in one place. Unwritten ones are more like a mix of traditions, laws, and customs that build up over time. Both types shape how countries are run and how people’s rights are protected.

What is Written Constitution?

A written constitution is a formal document that outlines the fundamental rules and principles of a government. It serves as a detailed guide, specifying how the government is structured, how power is divided among its branches, and the rights and duties of its citizens. It’s like a blueprint for governance, containing all the essential laws and regulations in one place for easy reference. Countries with written constitutions, such as the United States or India, have typically undergone a deliberate process to draft and adopt these documents. Written constitutions are usually considered the highest law of the land, meaning that all other laws and government actions must adhere to its provisions. They are often more rigid and difficult to change compared to unwritten constitutions, requiring specific procedures for amendments. Nonetheless, they provide a clear and stable foundation for the functioning of the state and the protection of citizens’ rights.

Key Features of Written Constitution

• Clarity and Accessibility: A written constitution lays out the fundamental rules and principles of governance in a clear and easy-to-understand manner. Everything is documented in one place, making it accessible for citizens, lawmakers, and judges to reference.
• Formalized Government Structure: It defines the structure of the government, including the powers and limitations of each branch. This formalization helps prevent abuses of power and ensures a system of checks and balances.
• Rigidity and Amendment Procedures: Written constitutions are often harder to change compared to unwritten ones. They typically have specific procedures for amendments, requiring broad consensus or popular approval to make alterations. This rigidity protects the core principles of the constitution from arbitrary changes.
• Legal Supremacy: In countries with a written constitution, it is considered the highest law of the land. This means that all other laws and government actions must comply with its provisions. Courts have the authority to invalidate laws or actions that violate constitutional principles, ensuring adherence to the rule of law.

What is Unwritten Constitution?

An unwritten constitution isn’t a single formal document like a written one. Instead, it’s a mix of laws, traditions, customs, and conventions that have developed over time to govern a country. It’s like a collection of unspoken rules that guide how the government works and how power is shared. For instance, in the United Kingdom, the unwritten constitution includes important historical documents, like the Magna Carta and the Bill of Rights, along with judicial rulings and traditional practices. Unlike written constitutions, which are all written down in one place, unwritten ones are more flexible and adaptable because they can change gradually over time. However, this flexibility can also lead to confusion and uncertainty about exactly what the constitution means. Despite this, unwritten constitutions still provide a framework for how the government operates and protects people’s rights, even though it’s less formal than a written constitution.

Key Features of Unwritten Constitution

• Evolution through Tradition and Custom: Unwritten constitutions develop gradually over time, shaped by traditions, customs, and historical practices within a society. For instance, in the United Kingdom, customs like the Prime Minister’s question time and the formation of the Cabinet are part of the unwritten constitution.
• Flexibility and Adaptability: Compared to written constitutions, unwritten ones are more flexible and adaptable. They can change more easily to reflect shifts in societal norms and values without requiring formal amendments.
• Absence of Formal Amendment Procedures: Unwritten constitutions lack formal procedures for amendment. Instead, changes occur gradually through judicial decisions, legislative enactments, and evolving practices. This reflects the organic nature of unwritten constitutions and their reliance on historical precedent.

Difference between Written and Unwritten Constitution

Basis	Written Constitution	Unwritten Constitution
Meaning	A formal document that outlines the fundamental rules and principles of a government is known as Written Constitution.	A written document, which is mix of laws, traditions, customs, and conventions that have developed over time to govern a country is known as Unwritten Constitution.
Formalization	A written constitution is a formal document that contains all the rules and laws of a country in one place.	An unwritten constitution is not written down in a single document but is made up of traditions and customs.
Clarity and Accessibility	It’s easy to understand a written constitution because everything is written clearly in one document.	An unwritten constitution might not be as clear because it’s based on old customs and traditions that have changed over time.
Amendment Procedures	Changing a written constitution usually needs to follow specific rules laid out in the document itself.	Making changes to an unwritten constitution happens gradually over time without any specific rules.
Flexibility	Written constitutions are often harder to change because they have strict rules for making amendments.	Unwritten constitutions are more flexible and can adapt to new situations more easily.
Legal Supremacy	A written constitution is considered the most important law in the country.	An unwritten constitution is still important, but there’s no single document that’s above all others.
Evolution	The rules in a written constitution are set at a specific time and might not change very often.	An unwritten constitution changes slowly over time as society and customs change.
Stability	Having a written constitution can bring stability because everyone knows the rules and they don’t change quickly.	An unwritten constitution can also provide stability, but it might change more often because it’s based on customs and traditions.

Conclusion

In conclusion, written and unwritten constitutions have distinct qualities and benefits. Written constitutions offer clear rules and stability, whereas unwritten ones provide flexibility and adaptability. While written constitutions may be stricter and need formal steps for changes, unwritten ones evolve slowly and are based on tradition. Both types serve to organize government and protect citizens’ rights.

Written and Unwritten Constitution- FAQs

What’s the difference between a written and unwritten constitution?

A written constitution is a formal document with all the rules in one place, while an unwritten one is made up of traditions and customs, not written down together.

How do you change a written constitution?

You usually need to follow specific rules written in the document itself, like getting a certain number of votes or having a referendum.

Why are unwritten constitutions more flexible?

They can change slowly over time without needing to follow strict rules, because they’re based on customs and traditions.

Which countries have a written constitution?

Countries like the United States, India, Germany, and Japan have written constitutions that lay out all the rules in one document.

How do unwritten constitutions bring stability?

Even though they can change, they still provide stability because they’re based on long-held customs and traditions that people follow.