10 Countries Operating Under Unwritten Constitution

In most countries, a constitution is a formal document, a single authoritative source outlining the structure of government, legal principles, and citizens’ rights. Yet some nations have chosen a different path, embracing flexible frameworks based on centuries-old traditions, judicial rulings, and established customs. 

These “unwritten” or partially written constitutions allow countries to evolve organically, adapting to change without the rigid process of amending a central document. Here are some countries that govern through this unique blend of law, convention, and tradition.

Canada

Canada operates with a “partially unwritten” constitution that combines written statutes with traditional conventions. The Constitution Acts of 1867 and 1982 are key documents, but many practices, such as the roles of the prime minister and cabinet, are based on tradition. Canada’s mix of formal laws and inherited customs from the UK offers flexibility and stability in governance.

San Marino

San Marino, one of the world’s smallest republics, has no single written constitution. Its governance relies on customs and statutes dating back to 1600. The Declaration on the Citizens’ Rights serves as a guiding document, but most practices are rooted in longstanding tradition. San Marino’s constitution remains an evolving framework that reflects its rich history.

New Zealand

New Zealand’s constitution is a blend of documents, laws, and customs. The Constitution Act of 1986, the Treaty of Waitangi, and various conventions form its foundation. New Zealand’s flexible system means changes can be made as needed without major constitutional upheaval. Judicial interpretations also play a role, allowing the country to adjust to political and social shifts.

Kuwait

Kuwait has a written constitution from 1962, but several aspects of its governance are influenced by Islamic customs and monarchical traditions. While the constitution outlines many formal laws, the country often relies on unwritten norms in political processes. This approach gives Kuwait the flexibility to balance modern governance with traditional practices.

United Kingdom

The UK is famous for its unwritten constitution. Rather than one official document, it uses a combination of laws, court rulings, and centuries-old practices. Influential documents like the Magna Carta and the Bill of Rights of 1689 set out historic rights and principles, but the UK relies on Parliament to make or change laws. This gives it a flexible system, where changes can be implemented through parliamentary action without formal amendments.

4. Saudi Arabia

Saudi Arabia does not follow a written constitution but relies on Islamic Sharia law and royal decrees to govern. The Basic Law of Governance outlines general principles, but Sharia law and the monarchy play the central roles in Saudi Arabia’s legal system. This setup aligns with the country’s religious values, allowing for both continuity and adaptation through royal decree when necessary.

Oman

In Oman, governance combines Islamic Sharia law, royal decrees, and a Basic Statute. This statute provides a general outline for government structure and succession but does not serve as a complete written constitution. Omani laws can be modified through royal decree, which allows the Sultan to adapt governance as needed while maintaining the country’s religious and cultural values.

Israel

Israel has a unique setup with no single constitution but instead relies on “Basic Laws.” These laws, created by the Knesset (Israel’s parliament), cover essential areas like government structure and citizens’ rights. Since these laws can be added to or revised, Israel has room to adapt its legal framework over time. Despite ongoing debates about adopting a formal constitution, this system offers flexibility that suits the nation’s evolving needs.

Kuwait

Kuwait has a written constitution from 1962, but several aspects of its governance are influenced by Islamic customs and monarchical traditions. While the constitution outlines many formal laws, the country often relies on unwritten norms in political processes. This approach gives Kuwait the flexibility to balance modern governance with traditional practices.

Libya

Libya’s governance includes Islamic principles, tribal traditions, and national laws, but it lacks a fully established written constitution. Although a draft constitution has been proposed, local governance often depends on tribal customs and historical practices. This reliance on unwritten norms helps Libya maintain cultural continuity amid ongoing reforms.