What is the Difference Between Written and Unwritten Constitution?

The main difference between a written and an unwritten constitution lies in the way they are formalized and organized. Here are the key differences between the two:

Written Constitution:

• Codified and compiled in a structured and cohesive manner.
• Properly framed and enacted, with all provisions present in writing.
• Ensures consistency in decisions.
• Consists of unitary, federal, or quasi-federal systems.
• Enjoys more power in order to ensure the enforcement of the constitution.
• Enacted on a specific date by a particular body.
• Examples include the United States Constitution.

Unwritten Constitution:

• Not codified in a structured manner.
• Evolves over a long period, with a new set of laws and guidelines being added as time progresses.
• Easy to add a new law or update the existing one.
• Flexible in nature, with the Parliament being supreme.
• Limited powers for the judiciary.
• Developed through conventions and judicial decisions.
• Examples include the British Constitution.

In summary, a written constitution is a codified and formally written document, while an unwritten constitution is based on conventions and judicial decisions and is not structured.

Comparative Table: Written vs Unwritten Constitution

Here is a table comparing the differences between written and unwritten constitutions:

A written constitution is codified and formally written, providing a clear outline of the distribution of powers, the function of the state, and the rights and duties of the citizens. It is enacted through a formal process and often requires a special majority to amend. Countries with written constitutions include the United States and India.

An unwritten constitution, on the other hand, is not systematically codified and is based on conventions and judicial decisions. It evolves over time with the addition of new laws and guidelines. The parliament is supreme in a country with an unwritten constitution, and the judiciary has limited powers. Unwritten constitutions are said to be suitable for aristocratic societies and not for democratic ones.