Difference between Written and unwritten Constitution?

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1. Written Constitution- A written constitution is normally supposed to mean a document or collection of documents in which the basic rules regarding the main organs and institutions of governments are clearly laid down.

Merits of a written Constitution: –

• The most important merit of a written constitution is that it is very definite. There is no uncertainty. The constitution provides all fundamental principles in written and people can refer to it as and when they want. As the powers and organization of the various organs are well defined, there is very little scope for confusion and disputes. If a dispute arises it can be referred to the Judiciary.
• As written constitution is drawn with great care and after long deliberation. It means it is the result of experience and knowledge. There is no place for temporary emotion and hasty decision.
• A written constitution protects the rights of the individuals. Rights are incorporated in it making them superior to the ordinary law and saving them from being change by different government from as they wished.
• It checks the constitution from being twisted and turned according to popular whims and emotions. This gives a guarantee of stability.
• A written constitution is stable and guides through difficult situation. It is more suitable for emergency periods.
• For a federal government written constitution is more suitable because there is provision for the central and state power separately.

             Demerits of a written Constitution: –

• Generally, Written Constitution are difficult to amend, thus intercluding rigidity and Conservatism.
• In a written constitution, Judiciary is quite conservative and interpretations are merely to see whether a law follows the constitution or not. This might strangle a nation, which needs to change according to the times.
• It tries to encompass all rules and ideals of a nation, which may not be suitable for all the ages. Thus, the future growth may be neglected.
• It sometimes becomes too exhaustive leading to legal Jugglery.

• Unwritten Constitution- An unwritten Constitution reflects the evolutionary nature of free documentation of the rules and regulations. First, they are practiced and then by continuous practice, they become part of the constitution. The Constitution of Britian is the best example of Un-Written Constitution.

        Merits of an unwritten Constitution: –

• They are quite easily adaptable to changing circumstance. Law can be added as and when required. There is no limitation of any pre-documental constitutional law. Thus, they are progressive.
• They are flexible and people can bring about changes without undertaking revolutions. As these Constitutions evolve themselves with the changing time, public opinion finds suitable place in constitution and it terminates possibility of revolution.
• It can undergo changes without basic framework being sidelined. This is useful especially in case of unforeseen situation.
• Historically, they scan to stand the test of times and keep up the traditions of a nation state as it is said about the British Constitution that it has Un-Broken history.

                  Demerits of an unwritten Constitution: –

• The serious defect of an unwritten constitution is that it is vague and indefinite
• Common man may not understand the constitutional system of the country. He cannot refer to any documents in which he can find all that he requires to understand the structure of the government of his country.
• An unwritten constitution requires a very high degree of political consciousness among the people to understand its spirit, and ordinarily that is not easy to find.
• Sometimes unwritten constitution is quite unstable
• The judiciary may play more role then warranted. It becomes the playthings of Judicial Tribunals. The Judiciary can interpret the unwritten laws as it suited to its desire and will.

Shubham Singh