Legal Definitions - unwritten constitution

An unwritten constitution refers to a system of government where the fundamental rules, principles, and laws that govern a state are not codified into a single, formal document. Instead, these foundational rules are derived from a variety of sources, including statutes (laws passed by a legislature), judicial precedents (decisions made by courts), constitutional conventions (unwritten practices and customs that are followed out of a sense of obligation), and treaties.

Unlike a "written constitution," which is typically a single, supreme legal document, an unwritten constitution evolves over time through legislative action, judicial interpretation, and the development of political practices. It provides flexibility but can sometimes make it less clear where all constitutional authority resides.

• Example 1: The United Kingdom

  The United Kingdom is a prime example of a country with an unwritten constitution. There is no single document titled "The Constitution of the United Kingdom." Instead, its constitutional framework is a blend of:

  • Acts of Parliament: Such as the Magna Carta, the Bill of Rights 1689, the Act of Settlement 1701, and more recently, the Human Rights Act 1998.
  • Common Law: Legal principles developed through centuries of judicial decisions.
  • Constitutional Conventions: Unwritten rules that govern how the government operates, such as the monarch always assenting to bills passed by Parliament, or the Prime Minister being the leader of the party with the majority in the House of Commons.

  This example illustrates an unwritten constitution because the powers of the monarch, the Prime Minister, and Parliament are not defined in one consolidated text but are understood through a combination of historical statutes, court rulings, and long-standing political customs.

• Example 2: New Zealand

  Similar to the United Kingdom, New Zealand operates under an unwritten constitution. Its constitutional arrangements are found in a collection of diverse sources, including:

  • New Zealand Statutes: Laws passed by the New Zealand Parliament, such as the Constitution Act 1986, which defines the structure of government.
  • British Statutes: Some historical laws passed by the UK Parliament that still apply in New Zealand.
  • Judicial Decisions: Rulings by New Zealand courts that interpret and apply constitutional principles.
  • Treaty of Waitangi: The founding document between the British Crown and Māori chiefs, which has significant constitutional implications.
  • Constitutional Conventions: Unwritten rules that dictate how the Governor-General (the monarch's representative) exercises powers, or how a government is formed after an election.

  This demonstrates an unwritten constitution because the fundamental rules governing New Zealand's state structure, the powers of its institutions, and the rights of its citizens are not contained within a single, supreme constitutional document but are instead derived from a mosaic of legal and customary sources.