Question

Is the distinction between a written constitution and an unwritten constitution a real one? Discuss.

Answer 1

Yes, the distinction between a written constitution and an unwritten constitution is a real one.

A written constitution like that of India is a rigid constitution. This ensures the distinction between constitutional law and ordinary laws. In countries with a written constitution, the constitution is superior and has a higher status than the other ordinary laws. Other statutes must confer with the principles of the constitution and if they don't then they are said to be ultra vires or unconstitutional. Therefore, a written constitution lays down the principles on which a country must be governed. Since it is written that is it is on some kind of legal documents, therefore, it is easier to interpret and causes less confusion while interpreting.

whereas an unwritten constitution is flexible in nature and the procedure needed to amend it is similar more or less to the procedure needed to amend an ordinary law. Therefore, it does not hold higher scrutiny as that in a written constitution.

the parliament in the countries where there is a written constitution abide by the constitution they drive their powers from the constitution itself. Whereas in a country with the unwritten constitution the parliament is superior and has the power to make and unmake laws wholly.