The Traditional And Modern Characteristics Of A Written Constitution And The Unwritten Constitution

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Introduction Constitution, the essential organizing principle, acts as a mean for a political state to consolidate, regulate and maintain state power through stipulating social institution, principle of national institution, organization of state power and the fundamental rights and duties of citizens, etc (Constitution, 2015). There are some traditional and modern classifications of constitution. One traditional method is to classify constitution into written constitution and unwritten constitution. The United Kingdom, New Zealand and Israel are three exemplary countries which implementing unwritten constitution (Palmer, 2006). This article would talk more about unwritten constitution and discuss about whether it can be still open and fair or not. Definition of Unwritten Constitution Unwritten constitution is a behavioral rule which is nationally accredited and given legal force by the state. The word unwritten refers to without the legislative process (or procedure) rather than no written record (Weyrauch, 1999). That is, unwritten constitution has normative, either. Characteristics Unwritten constitution refers to that both constitutional system and the protection of citizen’s rights are not explicitly stipulated in a unified code of written law but scattered among different sources of law, including constitutional law, written law, government documents, constitutional convention, understandings, habits and practices, etc (Qiang, 2009; Palmer, 2006). Also, unwritten

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