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    Divyanshi Joshi
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    Written-Unwritten

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    22 views3 pages

    Written Unwritten

    Uploaded by

    Divyanshi Joshi

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 3

    WRITTEN – UNWRITTEN CONSTITUTION

    INTRODUCTION
    The constitution which is systematically and rationally written down and embodied
    in a single document, bearing a specific date or different dates, is said to be written
    constitution.
    Contrary to this, an unwritten constitution does not mean that no provisions or laws
    of the constitution will be found in written form, but it means that they are not
    legally incorporated in a single book, however, they are documented.

    BASIS FOR WRITTEN UNWRITTEN


    COMPARISON CONSTITUTION CONSTITUTION

    Meaning Written Constitution is the Unwritten Constitution


    constitution which is codified refers to the constitution
    and compiled in a structured which is not embodied in a
    and logical manner. single document.

    Nature Properly framed and enacted Evolved

    Type Rigid, flexible or both Flexible

    Supremacy Constitution is supreme Parliament is supreme

    Judiciary Enjoys wide powers. Possesses limited powers.

    Powers Unitary, Federal or Quasi Unitary


    Federal

    Prevalent in USA, India, Canada, Sri UK, New Zealand, Israel,


    Lanka, etc. etc.
    DEFINITION OF WRITTEN CONSTITUTION
     Written Constitution, as the term itself clarifies, is that type of constitution
    wherein there is a legal and formal book or series of documents bound as a book
    containing the nature of the constitutional arrangement, the laws governing the
    entire system and the rights and duties of the citizens and the government.
     It explicitly lays down the primary organs and bodies of the government.
     Written Constitution is perfectly framed, duly passed and enacted after deep
    analysis and consideration, concerning the situation and conditions of the
    country. For the purpose of its enactment, a specialized body is assigned, who
    formulate and adopt the constitution.
     The constitution gives a proper design to the government institutions,
    hierarchies, powers, functions, relationships, supremacy etc. Further, the
    government is bound to adhere to the provisions of the constitutions and work
    accordingly.
     A written constitution is preeminent because it is difficult to amend, as
    compared to ordinary law, as well as in the event of any dispute between the
    two rules of the constitution prevails. However, amendments can be made to the
    written constitution as per the definite procedure stated in the constitution itself.
     In a written constitution all the laws are present in writing, and so people can
    refer to it whenever needed. Further, powers, functions, organization of the
    different bodies are specified, which does not leave a room for confusion and
    chaos.

    DEFINITION OF UNWRITTEN CONSTITUTION

     Unwritten Constitution refers to a constitution wherein the fundamental laws,


    legal decisions and rules that govern the nation are not embodied in a single
    written document systematically.
     However, they are defined by customs, usage, precedents, formal and legal
    enactments and instruments such as certificates, bonds, deeds, contracts, acts,
    writ, process, will, etc. as manifested in statutes and decisions taken by
    judiciary. The laws evolve through continuous use and practice, which become a
    part of the constitution.
     In better words, the unwritten constitution is the constitution which is neither
    drafted nor enacted with a proper procedure by the constituent assembly. And
    so, it does not mean nothing is written, rather it means that it is not codified in a
    single legal document or book. Further, there is no specialized body assigned to
    enact of the constitution.
     One can understand the provisions relating to the constitution with the help of
    reading explanation given by the judiciary, committees or experts. The
    information about it can be obtained from historical charters, principles, laws
    etc. The government is systematized and it works as per the well established and
    predefined rules. Further, all the citizens of the country follow these rules.

    Conclusion

    One thing is to be noted that in a written constitution a fine line of difference is


    maintained between constitutional law and ordinary laws, whereas no clear
    distinction is there in case of an unwritten constitution.

    In a written constitution, all the provisions are present in writing and are laid down
    with great consideration and so it cannot be twisted and modified as per the
    conditions and emotions, which ensures consistency in decisions.

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