The constitution, which is systematically and rationally written and summarized in a single document with a specific date or different dates, is called a written constitution. In contrast, an unwritten constitution does not mean that no provision or law of the constitution is in written form, but it does mean that they are not legally recorded in a single book, but are documented. Despite its revered place at the forefront of American law and policy, our written Constitution does not enumerate all the rules and rights, principles, and procedures that actually govern modern America. The document does not explicitly mention expensive concepts such as the separation of powers and the rule of law. On some issues, the clear meaning of the text is misleading. For example, the text seems to say that the vice president presides over his own impeachment proceedings – but that can`t be fair. As eminent jurist Akhil Reed Amar explains in America`s Unwritten Constitution, the solution to many constitutional puzzles lies not just in the written document, but beyond – in the vast reservoir of values, precedents, and practices that complement and complement the concise text. In a written constitution, all laws are written, so people can refer to them if necessary. It also defines the powers, functions and organization of the various institutions, leaving no room for confusion and chaos. A constitution is a living document in which the necessary changes are made according to time and society. It is classified according to the political system in force in the country. One of these classifications is written constitution and unwritten constitution. In a written constitution, all provisions are written and determined with the utmost care, so that they cannot be distorted and changed according to conditions and emotions, which ensures consistency of decisions.
Conversely, in an unwritten constitution, it is easy to add a new law or update the existing law. In this sequel to America`s Constitution: A Biography, Amar takes readers on a tour of our nation`s unwritten constitution and shows how America`s founding document cannot be understood in textual isolation. The correct interpretation of the Constitution depends on various factors, such as: the precedents of the first presidents and congresses; the common practices of modern U.S. citizens; venerable court decisions; and particularly privileged sources of inspiration and leadership, including the Federalist Papers, William Blackstone`s Commentaries on the Laws of England, the North-West Ordinance of 1787, Lincoln`s Gettysburg Address, and Martin Luther King, Jr.`s “I Have a Dream” speech. These multiple additions are essential tools for understanding the written constitution. When used correctly, these extratextual tools support and enrich the written document without replacing it. America`s Unwritten Constitution, an authoritative book by one of America`s foremost jurists, presents a bold new vision of the American constitutional system and shows how the complementary relationship between the written and unwritten components of the Constitution is one of America`s greatest and most enduring strengths. In other words, the unwritten constitution is the constitution that is neither drafted nor promulgated by the Constituent Assembly with due process. This does not mean that nothing is written, but rather that it is not codified in a single legal document or book. Moreover, there is no specialized body responsible for promulgating the Constitution. A written constitution takes precedence because it is difficult to modify in relation to the common law, as well as in case of dispute between the two rules of the constitution. However, amendments to the written constitution may be made in accordance with the procedure laid down in the constitution itself.
An unwritten constitution refers to a constitution in which the fundamental laws, legal decisions and rules that govern the nation are not systematically incorporated into a single written document. An accepted rule of conduct, albeit informal, as in It is an unwritten law that you lock the door when you leave the pool. [mid-1400] One thing to note is that a written constitution maintains a fine line between constitutional law and ordinary laws, whereas in the case of an unwritten constitution, there is no clear distinction. Summary: The unwritten Constitution of America is an incentive for the profession to seek legal rules outside the constitutional text. This is a good thing, because outside of the text, there is a huge amount of laws – the daily unconstitutional law, written and unwritten, that structures our government and our society. Despite the book`s unorthodox framework, many of its claims can be reinterpreted in quite conventional legal terms as a product of the text`s interaction with ordinary rules of law and language. But it is precisely this orthodoxy that could undermine Akhil Amar`s argument that America really does have an “unwritten constitution.” In an effort to reconcile the text with deep theories of political legitimacy and with day-to-day practice in court, the book can go further than our conventional sources of law can sustain.