Unwritten Constitutionalism: A Vital Counterpoint

This piece articulates and defends a version of constitutionalism that is only present in a few jurisdictions around the world: unwritten constitutionalism. Far from being irrelevant or unconnected, however, the operation of constitutionalism within unwritten constitutional settings has a great deal to offer the theory and practice of constitutional studies. In doing so we uphold the use of 'written' and 'unwritten' terminology, differentiate unwritten constitutionalism from other types of constitutionalism, and argue that the insights of unwritten constitutionalism are crucial given the global turn to more authoritarian types of government. Examining some of the indicative features of unwritten constitutionalism, the article goes on to explore what lessons unwritten constitutionalism may be able to bring to written settings. By further unpacking the mystery of the unwritten constitution, we hope to make this unique form of constitutionalism more accessible and relevant to those that acknowledge constitutional text is not the end of the story.