Difference Between Written And Unwritten Constitution

A Written Constitution is a Constitution that has been systematically and thoroughly written down and contained in a single text.

Written Constitution

A written constitution has been written and contains all of the facts in a book form that can be consulted at any time.

It includes government and citizen responsibilities and rights, the type of constitutional order, and the laws governing and controlling the system.

These constitutions are adaptable, which means they can be altered over time.

The judiciary has more power and can use judicial review to uphold the Constitution. 

Unwritten Constitution

The unwritten Constitution is described as one where the nation’s legal choices, fundamental laws, and norms are not systematically written down or combined into one document.

Unwritten constitutions might be rigid, flexible, or a combination of the two.

In a country with an unwritten constitution, parliament is the highest authority.

Written and Unwritten Constitution: Examples

The United States of America has the oldest written Constitution. It was written on September 17, 1787, approved on June 21, 1788, and signed on March 4, 1789. James Madison wrote the paper that served as a model for the US Constitution. He is regarded as one of America’s Founding Fathers.

The Magna Carta is thought to be the world’s oldest unwritten Constitution. On June 15, 1215, King John of England signed a Bill of Rights for Nobles, which went into effect. It vowed to defend the nobility’ rights against the crown’s intervention. Later, the Magna Carta evolved into the United Kingdom’s unwritten Constitution.

A written constitution is one in which the duties and rights of governments and citizens, the structure of the constitutional arrangement, and the laws that regulate the entire system are all contained in a formal and legal book or a series of documents bound together as a book.

The essential objective of a written constitution is for it to be enacted and is perfectly framed and duly passed. Therefore, a specialized body is charged with drafting and adopting the written Constitution, which specifies the government’s fundamental organs and bodies.

The Unwritten Constitution is defined as a Constitution in which the nation’s legal choices, fundamental laws, and norms are not written down or systematically represented in a single document.

Usage, formal and legal enactments, conventions, precedents, and documents such as a writ, will, bonds, process, certificates, deeds, acts, and more represented in the Judiciary’s judgments and legislation defines the Unwritten Constitution.

The difference between a written and an unwritten constitution is that a constitution is a collection of a social group’s or nation’s or state’s core values and laws that serve as the foundation for governance in a country.

Limitations

The Written Constitution’s Limitations

• Written constitutions are frequently strict, with time-consuming modification procedures, which beg how to adapt them to changing demands and circumstances easily

• When its rules are insufficient, it may not benefit some sections of the country, leading to unhappiness and violent outbursts since its provisions may not be altered quickly enough to address problems

• People can quickly discover when their rights have been violated; hence it is frequently litigated

• This slows down the government’s work and may lead to inefficiency because it must respond to any acts taken against it by the state’s citizens

The Unwritten Constitution’s Limitations

• Unwritten constitutions are imprecise and unclear. It also has certain inconsistencies and hinders the government’s effectiveness

• Many adverse changes occur due to how easy it is to make changes in a political system with an unwritten constitution, resulting in a tremendous deal of instability

• The fundamental rights of individuals are not clearly stated in an unwritten constitution

• They cannot exercise their rights or engage fully in the democratic process
• Because it does not allow for fair power distribution between the centre and federal units – states or provinces – an unwritten constitution is problematic for a federal system

Relation to Indian Constitution

• The written Constitution has been completely written and passed, and the written Constitution’s major goal is to put it into action
• A specific group is charged with drafting and adopting the written Constitution, which specifies the essential organs and institutions of government
• Even though India has a written constitution, it is not as rigid as the American Constitution
• Therefore, the system’s flexibility has been included in the modification methods
• It’s the biggest on the planet. It consists of 385 items, 12 schedules, and 22 parts
• All provisions are written down and carefully spelt out not to be bent or changed based on circumstances or emotions, maintaining consistency in choices

Conclusion

A written constitution follows specific rules, but an unwritten constitution has some written norms. This article will help you understand to know more about the Written and Unwritten constitutions.