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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Monday, November 04, 2013
Characteristic Features of Written and Unwritten Constitution and their differences
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