1. Austin

According to Austin, a constitution is that body of rules which fixes the structure of the supreme government. Constitutions are classified as written and unwritten. A written constitution is one which is found in one or more than one documents.

An unwritten constitution consists of customs, conventions, traditions and some written laws bearing different dates. The constitution of the U.S.A. is a typical example of a written constitution and the constitution of England is an example of an unwritten one.

A written constitution is the result of deliberate efforts of the people, whereas an unwritten constitution is not. It is mainly the result of historical accident and changes. Every written constitution has un­written elements in it and vice versa. The constitution of America has so many conventions and the constitution of England has so many laws in it.


2. Merits of Written Constitution:

1. It is well defined and precise. There is less chance of misuse of powers.

2. Fundamental rights of the people can be guaranteed.

3. It is essential for a federation.


3. Demerits:

1. A written constitution is inelastic and does not allow full scope for growth.

2. There is possibility of political upheavals.

4. Merits of Unwritten Constitution:


It is adaptable to the newly arising needs.

2. There is very little possibility of upheavals.

5. Demerits: 1.It is indefinite and there is possibility of misuse of powers.

2. Rights of the people cannot be clearly defined.


3. It is not suited to a federation.