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Unwritten Constitution Countries 2024

The phrase "unwritten constitution" is a misnomer. This phrase doesn't mean that the Constitution is not written down, simply that it is not written into law. Another term for this is "uncodified constitution." Six countries currently have unwritten constitutions.

San Marino's constitution is unwritten mostly due to its age. It incorporates documents and traditions that date from the 1300s, even though the country itself wasn't officially formed until October 8, 1600. The constitution has evolved with the country, most recently with the Declaration of Citizen Rights, which was adopted in 1974 and amended in 2002.

The Constitution of Canada isn't a single document, but several that work together to function as a constitution. This is laid out in the Constitution Act (1982), as well as affirmed by the courts. In addition to the Constitution Act (1982), other governing documents include the Constitution Act (1867), various treaties, and unwritten principles, traditions, and conventions. If it sounds complicated it is, but the Canadian Supreme Court guides the country and has the ultimate authority for interpretation.

Much like Canada, New Zealand's constitution is also made up of several documents, court decisions, laws, and traditions that work together to guide the country. In some countries, like the United States, the Constitution takes precedence over every other bill or act passed by Congress. This is not the case in New Zealand, where all laws are treated the same, so constitutional changes go through the same process as any law.

Sweden's unwritten constitution is mostly made up of four legislative acts that cover the organization of the government, free press, free expression, and succession. Along with some parts of the Parliament Act, these are considered fundamental laws and held above other laws. One fascinating feature of Sweden's constitution is that amendments to fundamental laws must pass twice. When Sweden's parliament, called Riksdag, passes an amendment to a fundamental law, it then must pass again in the next term after a general election.

Israel's unwritten constitution is an interesting situation. Called the Basic Laws of Israel, this document is a draft that outlines the structure and function of government, individual liberties, and civil rights. What makes it uncodified is that this document was intended as a Constitutional draft. However, adopting a formal Constitution has been postponed for decades, so the Basic Laws of Israel have been acting as the constitution since 1950.

The phrase "unwritten constitution" is a misnomer. This phrase doesn't mean that a constitution is not written down, simply that it is not written into law. Six countries currently have unwritten constitutions, or "uncodified constitutions."

San Marino's constitution is unwritten mostly due to its age. It incorporates documents and traditions that date from the 1300s, even though the country itself wasn't officially formed until October 8, 1600. The constitution has evolved with the country over the years, most recently with the Declaration of Citizen Rights, which was adopted in 1974 and amended in 2002.

The Constitution of Canada isn't a single document, but several that work together to function as a constitution. This is laid out in the Constitution Act (1982), as well as affirmed by the courts. In addition to the Constitution Act (1982), other governing documents include the Constitution Act (1867), various treaties, as well as unwritten principles, traditions, and conventions. If it sounds complicated it is, but the Canadian Supreme Court guides the country and has the ultimate authority for interpretation.

Much like Canada, New Zealand's constitution is also made up of several documents, court decisions, laws, and traditions that work together to guide the country. In some countries, like the United States, the Constitution takes precedence over every other bill or act passed by Congress. This is not the case in New Zealand, where all laws are treated the same, so constitutional changes go through the same process as any law.

Sweden's unwritten constitution is mostly made up of four legislative acts that cover the organization of the government, free press, free expression, and succession. Along with some parts of the Parliament Act, these are considered fundamental laws and held above other laws. One fascinating feature of Sweden's constitution is that amendments to fundamental laws must pass twice. When Sweden's parliament, called Riksdag, passes an amendment to a fundamental law, it then must pass again in the next term after a general election.

Israel's unwritten constitution is an interesting situation. Called the Basic Laws of Israel, this document is a draft that outlines the structure and function of government, individual liberties, and civil rights. What makes it uncodified is that this document was intended as a Constitutional draft. However, adopting a formal Constitution has been postponed for decades, so the Basic Laws of Israel have been acting as the constitution since 1950.

  • "Unwritten" constitutions are arguably better described as "uncodified" constitutions, which is to say they are very likely written down but are not written in a form that renders them enforceable by law.
  • For example, uncodified constitutions may include constitutional conventions, royal prerogatives, or unwritten principles (such as references to other countries' methods of governing, which may be unwritten as well), none of which are considered coded into law.

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Country
Constitution Name
Year Established
United KingdomConstitution of the United Kingdom1215
San MarinoConstitution of San Marino1600
New ZealandConstitution of New Zealand1840
CanadaConstitution of Canada1867
SwedenBasic Laws of Sweden1810
IsraelBasic Laws of Israel1950

What countries have no written constitution?

While there are laws in place, the United Kingdom, San Marino, New Zealand, Canada, Sweden, and Israel do not have a written constitution.

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