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anilpandey   20 July 2015

Diffrence between written constitution and oral

Dear Sirs,

I am a Law Scholar so Anyone pl. get me know what are the differences between written constitution and oral (like England's Constitution). How its administration operate in non written constitution.

With Regards

Anil Pandey

New Delhi



 3 Replies

DISHA D. SHAH (lawyer)     23 July 2015

In India there is no oral constitution

anilpandey   24 July 2015

yes,I know well that there is written constitution in india however i want to know about Oral Constitution what is implemented in England. Pl. clear the difference between both constitution.

 

Anil Pandey

Ananya Gosain   25 August 2021

Hello, to answer your query I have differentiated written and unwritten form of constitution in the following manner-

WRITTEN

  • A Constitution that has been systematically and meticulously written down and embodied in a single document is known as a Written Constitution. It is framed, duly passed, and enacted after deep analysis and consideration by a specialized who formulate and adopt the constitution.
  • It gives a proper design to govt. institutions, powers, functions, hierarchies etc which the government and the citizens are bound to adhere to and work accordingly.

UNWRITTEN

  • An Unwritten Constitution is the one in which no provisions or laws of the constitution are set in writing but they are documented despite not being incorporated in a single book. There is no specialized body assigned to enact the constitution.
  • Unwritten Constitution evolves over a long period from historical charters, principles with a new set of laws and guidelines being added as time progresses. The government and the citizens systematically work as per the predefined rules.

Talking about the powers of the judiciary, in a written constitution the powers of the judiciary possess outspread powers, whereas in the case of the unwritten constitution the powers of the judiciary are limited.

There are unitary and federal powers in a written constitution. This means that the powers are distributed between central and state governments. As opposed, the unwritten constitution the powers are unitary, i.e. they are centralized.

Hope this helps

Regards 


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