Monday, November 04, 2013

Characteristic Features of Written and Unwritten Constitution and their differences


               Written Constitution
     Unwritten  Constitution
That Constitution in which all its provisions are Systematically and serially arranged in Parts, Articles and Schedules is known as Written Constitution.
Its provisions are not systematically and serially arranged
It is codified and compiled in One Book form.
It is also codified but not compiled in a book form.
It is formulated by a Constituent Assembly formed for this purpose only.
It is formulated by laws passed by the Parliament.
Constitution is Supreme and all the three organs of the Government - Legislature, Executive and Judiciary are subordinate to the Constitution.
Principle of Parliamentary Supremacy is found. Hence Judiciary and Executive are subordinate to the Parliament.
Legislature, Executive and Judiciary are equivalent to each other. They derive their functions and powers in the polity from the Constitution.
Parliament itself decides what shall be the Constitution and according to that only functions and authority of Executive and Judiciary are determined
Consequently, Right to Judicial Review is found i.e. the Judiciary can declare a piece of legislation null and void if it is not in accordance with the substance and spirit of the Constitution.
Judiciary does not have this right and the laws passed by the Parliament are absolute and ultimate. Thus the Parliament is final though fallible.
LEGISLATURE = EXECUTIVE = JUDICIARY   and all of the three work under the Constitution.
Parliament is Supreme and what it says becomes the Constitution under which come the Executive and Judiciary.


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