Written Constitution Vs Unwritten Constitution

• A written constitution is one that can be found in one or more legal documents that have been duly enacted as laws. It's precise, definite, and methodical. It is the result of people's conscious and deliberate efforts. It is framed by a representative body that has been duly elected by the people at a specific point in time.

 

• It is always issued on a specific historical date. The Indian Constitution, for example, is a written document. It was drafted by a representative Constituent Assembly and promulgated on January 26, 1950, on a specific date.

 

• A written constitution is generally rigid, and its amendment or revision requires a procedure distinct from that used to enact ordinary law. In other words, a distinction is maintained between constitutional and common law. The first is thought to be better than the second. An enacted constitution is the same as a written constitution.

 

• The origins of modern written constitutions can be traced back to the charters of liberty granted by kings in the Middle Ages. The United States of America, however, had the first written constitution drafted by a representative constituent assembly. France was inspired by this example. With the exception of England's constitution, a number of states framed their constitutions during the nineteenth century, all of which were written.

 

• An unwritten constitution is one in which most of the government's principles have never been codified as laws. It is made up of customs, conventions, traditions, and a few written laws with various dates. It is ad hoc, indefinite, and imprecise. Such a constitution is not the result of the people's conscious and deliberate efforts.

 

• It's usually the result of historical progression. It is never drafted by a representative constituent assembly at a specific point in time, nor is it issued on a specific date. As a result, it's sometimes referred to as an evolved or cumulative constitution. England's constitution is a prime example of an unwritten constitution. It is primarily due to historical growth. King John, who issued the first charter of British freedom, the Magna Carta, in the 13th century, laid the groundwork for the English Constitution. It has been in the process of developing conventions and usages since then.

Note that the distinction between a written and an unwritten constitution is not scientific. There is no such thing as a fully written constitution. There aren't any that are completely unwritten. Every written constitution includes an unwritten component, and every unwritten constitution includes a written component. The United States of America's Constitution is a classic example of a written constitution. Even so, it is encrusted with customs and traditions. Despite the fact that the Magna Charta 1215, the Petition of Rights 1628, the Bill of Rights 1689, the Habeas Corpus Act 1679, the Acts of Settlement 1701, various Reforms Acts of 1832, 1867, 1884, Parliamentary Act of 1911, and the Crown Proceedings Act, 1947, are all written laws, the Magna Charta 1215, the Petition of Rights 1628, the Bill of Rights 1689, the Habeas Corpus Act 16

 

Magna Carta Libertatum (Great Charter of the Liberties), also known as Magna Carta, is a charter of rights signed by King John of England on June 15, 1215, at Runnymede, near Windsor.