Question

Is the distinction between a written constitution and an unwritten constitution a real one? Discuss.

Answer 1

Hint:
Differentiate both of them as the name suggests and then discuss their features one by one. You may even compare both of them and form a table to do so. In the end give a conclusion whether you feel the distinction is a real one or not.


Complete solution:
A Constitution is a set of rules, regulations and laws that form the basis of governance in a country.

There are two types of constitutions:

- Written Constitution - This type of constitution is properly and systematically embodied in a paper or other document and that copy of the constitution is kept safely so that it is prevented from any deterioration. Example- Constitution of India.

- Unwritten Constitution - Unlike the written constitution this isn’t written or contained in a document. The rules and regulations contained in it are nowhere set in writing. They are documented despite not being incorporated in a single book. Example- Magna Carta.

Both the constitutions have their own pros and cons. On one hand, where the Written Constitution is more systematic and structured on the other it is amended from time to time to combat the changes that occur. Whereas the unwritten constitution evolves over a long period of time. It is sometimes rigid, sometimes flexible and sometimes both. The written constitution gives more power to the judiciary and the powers of the judiciary are limited in the unwritten constitution. A country with no written constitution considers the Parliament to be supreme unlike the countries with written constitution where the Constitution is supreme.

Yes, the distinction between a written and an unwritten constitution is a real one as they are very different in their form and value even after being of prime importance.

Additional information: The Magna Carta is the earliest form of the unwritten constitution. Magna Carta was a charter of rights signed by King John of England. The charter promised to protect the rights of the nobility from the interference of the crown, which was a very common thing in the United Kingdom earlier. The Magna Carte may evolve into the unwritten constitution of the United Kingdom. Magna Carta was signed on 15 June 1215.

Note:
 The Constitution of India is the longest handwritten document. It has 395 articles, 22 parts and 12 schedules. The last amendment to the Constitution of India was made on 25th January 2020 which was the 104th amendment. India adopted its constitution on 26th January 2020.