Essay on the Difference between Written and Unwritten Constitution

Similarly the unwritten Constitution of England contains numerous writter elements in the form of statutes, declarations of judicial decisions etc. Since a written constitution is enacted deliberately by a constituent body, it is better to call it an “enacted constitution”

As opposed to enacted or written constitution, we have “evolved” or unwritten constitution. The Constitution of Great Britain and Pre-1914 Hungary belong to this category. At present Great Britain is the only State having an evolved or unwritten constitution.

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Garner defines an unwritten constitution as “one is which most if not all of the prescriptions have never been reduced to writing and formally embodied in a document or collection of documents. It consists largely of a mass of customs, usage’s and judicial decisions together with a smaller body of statutory’ enactment’s of a fundamental character, usually bearing different’ dates”.

An evolved constitution is not deliberately formulated a Constituent Assembly or other constitution-making authority It grows out of political conventions, customs, and legislative enactment from time to lime. It is not made, but is born with ” nation. It is also supplemented by the decision of judges. As opposed to a country with a written constitution, in a country like

Britain with an evolved constitution there is no sanctifying about constitutional law. There is no such provision in Britain that equips the judiciary with the power of annulling the ordinary laws 0n account of the constitutional provisions.

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