The difference between written and unwritten constitution.
The difference between written and unwritten constitution.
A comparative discussion of written and unwritten constitutions.
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1. Written constitution can be presented in the form of documents in administrative or judicial cases. But an unwritten constitution cannot be presented in the form of a document in any way. As a result, the written constitution in the state functions gains more power, dignity and acceptance than the unwritten constitution.
2. Differences in Source: - Written constitution is usually adopted by Constituent Assembly, Convention or Legislature. But an unwritten constitution is based on long-standing customs, rituals, religious beliefs, state norms and values, customs, various court rulings, traditions, precedents, and so on.
3. Differences regarding the period of composition: - The period of composition of the written constitution is always fixed or its period of composition is specified. Each law is specified with a specific date. But in the case of unwritten constitutions, laws evolved over a long period of time. Therefore, the date of their composition is not fixed.
4. Differences in the method of amending the constitution: - The method of amending the written constitution is usually complicated. The written constitution can be amended with the help of a complex process in the presence of certain members in the legislature. But the unwritten constitution is easily amended by the government. Therefore, the written constitution is not easily changeable and the unwritten constitution is easily changeable.
5. Differences in the question of supremacy: - The laws of the written constitution is the highest law of the country. Every institution and individual in the country is bound to abide by such laws. But in the case of unwritten law, if the law is violated, it is not enforceable by the court. If there is a dispute between the written law and the unwritten law, the predominance of the written law is recognized by the court.
6. Differences in the question of distribution of state power: - In the written constitution, the powers and functions of each body and institution of the state are distributed. But an unwritten constitution is based on custom . Therefore, in the unwritten constitution, the responsibilities and powers of different departments of the government are not precisely distributed.
7. Differences in the question of protection of civil liberties and rights: - The written constitution cannot be easily changed by the government. As a result, the written constitution is more effective in protecting the freedom and rights of citizens. But if the constitution is unwritten, the government can easily curtail civil rights and ensure its own interests.
8. Differences in the question of dignity: - Since the laws of the written constitution are not easily changed by the government and the laws are permanent, the laws of the written constitution are much more dignified than the unwritten constitutions. But the laws of the unwritten constitution are temporary in nature and are easily changed by the government - so the laws of the unwritten constitution cannot have the same status as the laws of the written constitution.
9. Differences in the question of effectiveness in the federal system: - In the federal system, the powers and differences of all the departments and institutions of the state need to be clearly defined. Otherwise, there will be a possibility of conflict between different departments of the government. Therefore, the written constitution is effective in the federal system; But an unwritten constitution is by no means desirable.
10. Differences in the question of supremacy of the judiciary: - The judiciary has the power to interpret the constitution in the written constitutional system. The judiciary is called the guardian of the constitution. But in an unwritten constitution the government and the legislature have all the power to make and change laws. As a result, the judiciary has no predominance in the unwritten constitutional system.
11. Differences in the question of mobility: - Written constitution is generally changeable. So the written constitution is not seemingly dynamic. But in the case of an unwritten constitution the changing society, economy and social system; It is easily changed in terms of people's hopes and aspirations. So the unwritten constitution is dynamic.
12. Differences in the question of the predominance of customs, traditions, customs, etc.: - The written constitution gives more importance to the laws passed by the Constituent Assembly than to the customs , etc. But in the unwritten constitutional system, customs, rituals, etc. are given utmost importance.
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