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Unwritten Constitution

Publication at Faculty of Mathematics and Physics, Faculty of Social Sciences |
2011

Abstract

Unwritten constitution is a complex of legislation, rules, regulations and common law (precedence and prerogatives) which provide the standards by which the legitimacy of governmental actions is judged. Unlike written constitution the unwritten constitution tends to be modified gradually through the simple procedure by which statutes are enacted, and often imperceptibly, in response to changing needs of the government.

However, many parts of this kind of constitution exist in written form (the Acts of Parliament, case-law). In the political systems of unwritten constitution, the political as well as legislative and civic institutions, grew up together more as the result of the accretion of custom than through deliberate, rationale legislation by some sovereign lawgivers with the constitutional supremacy.