10 Countries Operating with Tradition Over Written Laws
Some countries are defined not by a single constitution but by a blend of traditions, conventions, and foundational documents that guide their governance.
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Instead of relying solely on written laws, these nations follow historical practices and customs that adapt to changing times, lending flexibility and continuity to their legal systems.
In these societies, traditions often govern everything from parliamentary proceedings to judicial practices, demonstrating that a stable government structure can thrive without a single codified framework.
Here’s a look at 10 countries where unwritten laws and traditions shape national governance:
1. United Kingdom
The UK is one of the most prominent examples of a country with an unwritten constitution. Rather than a single formal document, the UK's constitution consists of centuries-old common law, key statutes, conventions, and landmark documents like the Magna Carta and the Bill of Rights of 1689.
Parliament remains central to this evolving system, which can be modified through new legislation or reforms as needed.
Without a revolution or critical moment demanding a written constitution, the UK’s adaptive approach has provided remarkable stability and flexibility.
2. Israel
Israel’s government operates under a set of Basic Laws passed by the Knesset, functioning similarly to a constitution.
These Basic Laws define government structure, citizens’ rights, and judicial procedures but remain adaptable, with the Knesset able to amend or add to them.
This system allows for continuous growth and change, offering a flexible constitutional framework without a single codified document.
3. New Zealand
New Zealand’s constitutional framework includes the Constitution Act of 1986, the Treaty of Waitangi, common law, and various conventions.
These sources collectively guide governance and judicial interpretation, allowing New Zealand’s system to adapt over time. Judicial reviews play a crucial role in shaping constitutional norms, making this unwritten structure resilient to social and political shifts.
4. Saudi Arabia
Saudi Arabia’s governance relies primarily on Islamic Sharia law and royal decrees, as it does not have a formal written constitution.
The Basic Law of Governance, issued by royal decree, serves as a guiding framework, affirming the monarchy’s role and the general principles of governance, Vanguard reported.
This tradition-centered approach shapes the legal system while allowing room for interpretation by religious and royal authorities.
5. Canada
Canada’s constitution is partially unwritten, relying on key documents like the Constitution Acts of 1867 and 1982, along with historical customs, conventions, and practices from the UK. Conventions concerning the prime minister’s and cabinet’s roles remain unwritten, allowing for a flexible constitutional structure that evolves with judicial decisions and common law.
6. Oman
Oman’s legal system combines Islamic Sharia law with royal decrees, rather than a fully codified constitution.
The Basic Statute outlines governance and succession, but much of Oman’s legal framework comes from decrees issued by the Sultan.
This blend of tradition and statute allows Omani governance to adapt to the Sultan’s vision while retaining cultural and religious values.
7. San Marino
One of the world’s smallest republics, San Marino operates without a formal written constitution. Its governance dates back to 1600, with a system rooted in historical statutes, unwritten customs, and traditional practices.
The Declaration on the Citizens’ Rights serves as a reference, but customary laws continue to dictate the republic’s government structure.
8. Kuwait
Kuwait’s governance is a blend of its written constitution (established in 1962) and traditional norms influenced by Islamic law and monarchy.
This dual system enables flexibility, with unwritten traditions shaping governance alongside the formal constitution, particularly in political and social practices.
9. Libya
Libya’s legal system relies heavily on customary laws and Islamic principles, lacking a comprehensive written constitution.
While a draft constitution has been proposed, traditional practices and unwritten norms, especially in local governance and tribal affiliations, continue to guide many aspects of governance.
10. Jordan
Jordan combines a written constitution with unwritten customs, especially those influenced by tribal and royal traditions.
The King holds extensive powers, and unwritten norms shape decision-making processes, creating a flexible governance model that balances formal law with longstanding practices.
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Source: Legit.ng