Understanding Written vs Unwritten Constitutions

Difference Between Written and Unwritten Constitutions

The key differences between a written and an unwritten constitution are outlined below:

Difference in Concept

Constitutions are categorized into two types based on form: written (codified) and unwritten (customary). A written constitution consists of rules formally documented in official documents, reflecting its high importance and status. An example is the United States Constitution of 1787.^[1]

On the other hand, an unwritten or customary constitution comprises most of its principles and provisions not formally recorded in a single document, often referred to as constitutional laws. Its foundations are derived from established customs, practices of authority, and societal norms.^[2] In such systems, customary practices form the core of constitutional law, while any written elements serve only as supplementary additions rather than original foundations. A prime example is the British constitution.^[3]

Difference in Characteristics

A codified constitution possesses several notable characteristics, including:

• It strongly safeguards individual rights and freedoms, due to the ease with which citizens can access and understand its provisions.
• It adapts quickly and efficiently to social, political, and economic changes, reflecting its responsiveness to evolving realities.
• It holds particular significance for federal states, playing a crucial role in defining the distribution of powers between central and regional governments, especially in countries undergoing major political transformations.
• Its strength lies in the presence of an independent judiciary, enabling oversight of laws, ensuring their enforcement, and reducing arbitrary rule—something less prominent in unwritten constitutions.

Unwritten constitutions, by contrast, offer flexibility because they evolve naturally from current societal values and traditions. This allows them to adapt and develop organically in response to societal changes.^[5]

Preference for Written Constitutions Over Unwritten Ones

The need to write down constitutional principles arose from several key factors, including:

• Written constitutions offer greater precision and clarity compared to unwritten ones, making them binding on rulers, officials, and the public alike—unlike ambiguous customary norms that may lead to confusion and instability.
• Codifying the constitution serves as a renewal of the social contract—the foundational principle upon which all constitutional systems rest—ensuring that rights, duties, and laws are clearly defined and equally applied across all social classes without bias.
• Documenting the constitution acts as a tool for civic enlightenment and political education, fostering awareness of rights, responsibilities, and civic obligations among the population—something less achievable under an unwritten system lacking transparency.

References

1. ↑ General Theory of Constitutional Law., University of Mohamed Boudiaf, Sétif, accessed on 10/3/2022. Modified.
2. ↑ Types of Constitutions., Arabic Encyclopedia, accessed on 11/3/2022. Modified.
3. ↑ Hassan Al-Bahri, Constitutional Law and Political Systems, pp. 112–113. Modified.
4. ↑ Codified and Uncodified Constitutions., Legal Encyclopedia, accessed on 22/3/2022. Modified.
5. ↑ General Theory of Constitutional Law., University of Mohamed Boudiaf, Sétif, accessed on 11/3/2022. Modified.
6. ↑ Hassan Al-Bahri, Constitutional Law and Political Systems, p. 118. Modified.