Question

What are the essential features of an unwritten Constitution.

Answer 1

1. Not Codified in a Single Document: An unwritten constitution is not compiled into one formal document. Instead, it is made up of various sources such as customs, conventions, judicial decisions, and parliamentary laws.
2. Based on Traditions and Conventions: It relies heavily on long-standing customs and political practices. These conventions are followed as rules, even though they are not written down or legally enforceable.
3. Parliamentary Sovereignty: In an unwritten constitution (like the UK), Parliament is supreme. It can make or change any law, including constitutional laws, without any legal restrictions.
4. Flexible and Easily Amended: Since it is not legally codified, it can be easily changed or updated through new laws or evolving conventions. This makes it highly adaptable to changing times.
5. Evolves Over Time: An unwritten constitution is not created at a single point in time but develops gradually through historical events, legislation, and political practice.
6. Lack of Legal Supremacy: There is no formal constitutional supremacy. Constitutional principles can be changed by ordinary laws, which may undermine the stability and protection of core values.