How Does an Unwritten Constitution Function in Nations Like Israel and New Zealand?

Are you curious about how an unwritten constitution functions in some nations?

Israel is a prime example to explore this question. Its founders promised to adopt a written constitution when establishing the state in 1948. However, the provisional legislature, the Knesset, reneged on this promise, leading to the country having no written constitution to this day. An 'unwritten constitution' is simply a term for a 'non-codified constitution.' This means that while the constitution is still written down, it is not contained in a single document. Instead, it is derived from a collection of laws and conventions.

How Does an Unwritten Constitution Work?

The notion that an unwritten constitution does not work because it must be codified and published to inform the public is a common misconception. Just like all laws, an unwritten constitution must be known and understood by those who live under it. However, the methods by which it is known and applied differ.

In contrast, New Zealand has a written constitution; it consists of the Constitution Act 1986, which outlines the basic structure of the country. Other laws and documents such as Acts of Parliament, Orders in Council, Letters Patent, and the Treaty of Waitangi also have an impact. Additionally, unwritten conventions, such as the governor-general appointing a prime minister who can hold the confidence of Parliament, have developed over time. The Cabinet Manual is another important document. While there are no definitive court cases on the concept of unconstitutionality, violations of the Bill of Rights could be reviewed through judicial review. New Zealand's constitution can be altered quite swiftly; changing one law in parliament is often all that is required. Simple examples from New Zealand history include the abolition of a parliamentary chamber and granting the right to vote to women.

Key Differences Between Written and Unwritten Constitutions

Among the key differences between written and unwritten constitutions, the written version provides a clear, published document that is easily accessible to all. This document establishes the foundation of the state, its laws, and its governance. By contrast, unwritten constitutions rely on a collection of laws and conventions that may be less accessible and more fluid.

The lack of a single, codified constitution in unwritten systems means that the documents and laws that constitute the unwritten constitution can change more easily through legislative processes. For instance, in New Zealand, the structure of the parliament can be reformed quickly and the rights of citizens can be modified through straightforward legislative changes. In fact, only a small section of New Zealand's laws are entrenched, focusing on fundamental aspects like the voting age, parliamentary terms, and electoral boundaries.

Practical Implications

The practical application of an unwritten constitution is that it just functions. The laws and conventions that govern the state are known and upheld through consistent usage over time. This system relies on the trust and understanding between the government and the governed. As long as there is a consensus to follow the established laws and conventions, the unwritten constitution can function effectively. However, this also means that changes to the constitution are often more perceived and less formalized, potentially leading to ambiguity and unpredictability in some legal contexts.

Therefore, while the unwritten constitution in countries like Israel and the structure of New Zealand's constitution may appear less formal, they serve their purpose by providing a clear framework for governance and legal operations. The key to their success lies in the consistent application and understanding of the laws and conventions that compose them.