What is the difference between written and unwritten constitution?

A constitution is essentially a record or compilation of the most basic principles and laws of a nation state. A constitution provides for the most fundamental legal-political rules which are necessary for the functioning of a nation state. It binds every individual of the state and all agencies of the state including the law-making institutions, the executive and the judiciary. It provides for the structure of the state and governs the operation of all institutions of the government, the political principles and the rights and duties of the citizens. Across the world, there are two distinct types of constitutions, namely written and unwritten. Each of the two has its own distinct characteristics, merits and demerits.
 

Written Constitution

A written constitution, as the name suggests, is a constitution reduced to writing and is a either a composite document or a compilation of documents which comprises the constitution of a nation. This document records the structure of the state, political principles and the rights and duties of each citizen of the state. A written constitution is a definite body of rules which is formulated and enacted by a special purpose-built body keeping in mind the condition and observes of a nation state. A written constitution helps remove all ambiguities, by providing the entire constitutional structure and laws of the nation state in a form which can easily be referred to by all citizens and agencies of the state.
 

Unwritten Constitution

As opposed to a written constitution, an unwritten constitution refers to one wherein the constitutional structure and the fundamental legal-political rules are not consolidated and reduced to writing in a systemised manner. Such unwritten constitutions are not the result of formal enactment and are often a culmination of precedents, recognise customs, usages and legal enactments of the state. Thus, unwritten constitutions often evolve organically through use and practice. An unwritten constitution does not imply that the laws are unwritten, instead it means that the constitutional structure is not embodied in a single document.
 

Difference Between Written and Unwritten Constitution

The following are the distinguishing characteristics between a written and unwritten constitution:

1. A written constitution refers to a consolidation of laws, constitutional structure, legal-political principles and rights and duties of its citizens in the form of a single document.  Conversely, an unwritten constitution refers to one which is not reduced to writing in a single document enacted for such purpose, but refers to a system of usages, customs, precedents and laws which provide the constitutional structure of the state.

2. A written constitution is designed, formulated and enacted by a specific body assigned with this task and comes into existence on the specific date of its enactment. An unwritten constitution however, does not relate back to a formal date of inception or enactment, but is the result of an organic process of evolution through usage and practice.

3. Written constitutions can be further classified on the basis of the flexibility associated with the process of amending them. Thus, written constitutions may either be rigid, flexible or a unique combination of both. On the other hand, due to their inherent nature, unwritten constitutions are rather flexible, permitting changes and amendments with relative ease.

4. The supreme authority and dominance are enjoyed by the constitution in a nation governed by a written constitution. On the other hand, in a nation governed by an unwritten constitution, the parliament of such a nation exercises the supreme authority and dominance.

5. Under a written constitution, the judiciary enjoys and exercises widespread powers as opposed to an unwritten constitution, where the powers of the judiciary are limited and fettered in comparison.

6. The distribution of powers under a written constriction may be either unitary or federal i.e., the powers may be distrusted between the central and the state governments. Under an unwritten constitution on the other hand, there is no power distribution and all powers are centralised i.e., unitary.

Some nations where unwritten constitutions can be found are Israel, United Kingdom and New Zealand, whereas the Indian constitution is written, just like that of USA, Germany and Japan.