Search results
An Unwritten Constitution is the one in which no provisions or laws of the constitution are set in writing but they are documented despite not being incorporated in a single book. This article will highlight the key differences between Written and Unwritten Constitution for the IAS Exam.
Unwritten constitution is a system of laws and principles that are not codified in a single document, but are based on customs, precedents and judicial decisions. Learn the difference between written and unwritten constitution, the countries that follow unwritten constitution and the advantages and disadvantages of this system.
The implications of the Constitution's written character bear on a protracted debate among constitutional theorists over the possibility of limiting the discretion of judges in difficult constitutional cases involving human rights, especially rights to substantive due process and equal protection.
An uncodified constitution is a type of constitution where the fundamental rules often take the form of customs, usage, precedent and a variety of statutes and legal instruments. [1] . An explicit understanding of such a constitution can be developed through in commentary by the judiciary, government committees or legal experts.
The unwritten constitution are those processes of our government that are considered an essential part of the system yet they are not actually in the Constitution. These are customs and precedents that have been doing for so long that many citizens think these are, in fact, laws yet they are not.
“Unwritten” or “common law” constitutionalism has a long history in Canada. To date, the scholarship has tended to focus on the question of when, if ever, it is appropriate for courts to invoke unwritten constitutional principles. Less attention has been paid to how these principles shape political decision-making.
