The advantages of an unwritten constitution far outweigh the disadvantages (40) You must make a judgement. It's free to sign up and bid on jobs. Need urgent help with your paper? However judges are not accountable to anyone for their actions, whether they are right or dead wrong. The judiciary is unique in that it is not elected, but it is independent. The provisions of this type of constitution usually make reference to other provisions to ensure that the actual intent of the lawmakers are understood. The Constitution gives us rights that nobody can take away from us. While the advantages of an unwritten constitution make it look more desirable than the written one, there are equally many weaknesses of unwritten constitutions. Often times referred to as the framework of our nations government, the U.S. Constitution is open for interpretation and only serves as a guideline thus meaning that there is no correct or incorrect standpoint on the issue of relevancy. Therefore individual rights remained dependent on the ad hoc statutory protection or upon judicial protection under common law. Search for jobs related to Advantages and disadvantages of written constitution and unwritten constitution or hire on the world's largest freelancing marketplace with 22m+ jobs. This changes also knowns as a revolution-- Revolution is forcible overthrow of a government or social order in favor of a new system. It should be noted, however, that this can also be a disadvantage of an unwritten constitution too. assignments. An uncodified constitution has the advantages of elasticity, adaptability and resilience. As one man might have no shoes and rags, another might have a wig, suit. The laws have been flexible to allow Muslim men to have more than one wife in British society. For that reason, I believe the U.S. Constitution is revolutionary because it was created to establish a system of government far from monarchy, For many years, the U.S. Constitution has become a pinnacle aspect in the debates between political parties and raises a question yet to be answered: Is the Constitution still relevant? In this senior high school Government tutorial, we shall first discuss the advantages of the unwritten constitution. We can see here that government is capable to enact laws, using the power of the Crown with the Parliament of course, which no other body can challenge, and the judiciary based in these statutes and laws can make also the precedents or else common. //= $post_title Explains that the constitution of england is a classic example of an unwritten constitution. However, a written constitution is unnecessary in countries who do not have one as many believe that the unwritten constitutional nature of, for example, UK politics has ensured a long history of democracy, and written constitutions may not be the most effective way of limiting government power. Constitutions of pre-colonial African states were unwritten. Advantages of the Unwritten Constitution (and Disadvantages) Disadvantages of unwritten constitutions. One of the disadvantages of an unwritten constitution is it allows for flexibility in interpreting what is and is not lawful. The gentleman went into the office of the Education Minister and demanded accountability. Some of the major disadvantages of a written constitution include: Cast in stone. Advantages of the Unwritten Constitution - LawTeacher.net In the next section of this post, we will highlight the disadvantages of the unwritten constitution. This leaves ample room for officials with sinister motives to bend the customs and traditions to their will. A constitution is a body or framework of rules which constrains and checks government. What is the UK Constitution? - The Constitution Unit - UCL Accordingly, it is not wise or advantageous to have a written constitution in a unitary state. help. This creates room for anyone to assume powers that do not belong to them under the constitution. It grows over a long time from the way of life of the people. The elastic clause puts forward that Congress has the power to pass any law that they have deemed to be both necessary and proper to implement the powers that have already been delegated to the Congress. As a result of being partly written and partly unwritten, most unwritten constitutions rely on many practices or conventions, that is, constitutional practices which are not necessarily legal rules (E.g the constitution of Britain). Democratic: participative, they encourage employees to be a part of decision making, keeps people informed, they have the final say but gathers information before making a decision Advantages: high quality,. Delegates from each state, excluding Rhode Island, met in Philidelphia in 1787 to draft the document that would come to be known as the Constitution. Rigidity: A written constitution is rigid and inelastic. The third disadvantage is that constitutional supremacy resides with non elected judges rather than with public accountable politicians. In all other countries at the time, including Britain, political power is instituted by blood. Further, the lack of certainty is one of the most cited disadvantages of the unwritten constitution. The power of the legislature is constrained, cutting its sovereignty down to size. Therefore, even illiterates do not need anyone to explain or interpret a good number of their constitutional conventions to them. Advantages of a Written Constitution (and Disadvantages) The first major disadvantage of the unwritten constitution is that there is no single text that can be invoked and there is no definition of state powers and no limits except customs, meaning that whatever compromise is necessary between current opinion and the Government sense of virtue may come into conflict. ?>, Order original essay sample specially for your assignment needs, https://phdessay.com/advantages-and-disadvantages-of-an-unwritten-constituion/, Advantages and Disadvantages of Written and Unwritten Constitutions, Advantages and Disadvantages of using cash to make payments Advantages, Unwritten Rules of Morality that Differ From Person to Person, Defining Formalization And Mentioning Its Advantages And Disadvantages For Leaders And Followers, Public Administration and Management: Advantages and Disadvantages of Partnerships. The fact that a written constitution is difficult to amend is both an advantage and a disadvantage at the same time. There are arguments as to whether an unwritten constitution is the best type of constitution or not. This comes at no extra cost to you. It contains rules about what power is wielded, who wields it and over whom it is wielded in the governing of a country. Many plans were proposed to unify the country as a whole. 10 minutes with: Advantages and Disadvantages of an Unwritten Constituion, Explore how the human body functions as one unit in harmony in order to life //= $post_title And when you subscribe to our newsletter, you stand the chance to receive regular updates of new posts and the latest news happening at Cegast Academy. Save my name, email, and website in this browser for the next time I comment. The legislature makes laws and monitors the executive. Its flexible nature allows for compromise between organs or government in appropriate situations for the interest of the country. In addition to the points already made, an unwritten constitution is also advantageous because it does not give rise to so much litigation. Both the similarities and differences among these nations can be attributed to each countrys history, more specifically because of their revolutionary paths to liberation into modernity. The money which would have otherwise been spent on writing a constitution is saved. And it is also easier and faster to introduce an act of . Try again It consists of an accumulation of hundreds of years of traditions, customs, conventions, precedents and acts of parliament which serve as a point of reference or framework within which public office holders are expected to act. This information has been declassified within recent years. For instance, in a national emergency, the government can act quickly without having to satisfy the demands of complex provisions as may be found in a written constitution. 6 Types of constitutions: their advantages and disadvantages The American constitution also draws reference to God. Compare and contrast written and unwritten constitutions. Which type of In the absence of education and enlightenment of the people, an unwritten constitution does not allow individuals to know their rights and duties or the obligations which the government owe them. I, 8). Simply put, an unwritten constitution is a type of constitution that is not contained or documented in a single document. Due to Constitution 's broad spectrum of interpretations, whether, The Road to the Revolution names the period between the years 1750 and 1776, because of the increasing tensions between the colonists in America and their mother country. The British people are proud and law abiding. . Its unwritten nature may make the ascertainment of its precise provisions and content uneasy and subject to individual opinion and level of enlightenment. The strongest level of entrenchment exist in those constitutions that state that some of the most fundamental principles are absolute, i. e. certain articles may not be amended under any circumstances. A constitution is a set of rules which may be written or unwritten, establishes the distribution of power in a political system, the limits of government jurisdiction, the rights of citizens and the method of amending the constitution itself. There are many more if you look in the U.S. Constitution. Starting with the very first amendment granting us freedom of speech. There are advantages and disadvantages to both types of constitutions. In the past in Trinidad and Tobago judges took bribes in the form of money, land, houses, and luxurious estates in order to drop charges, throw out a case or find some legal technicality or loophole to dismiss a case. Britain is one of the few countries that has an unwritten constitution. The ability of ordinary people to challenge the actions of various institutions of Government is formally limited to the acts of public authority by section six. An "unwritten" constitution is a problem or a miracle. The constitution is protected by the legal bodies of the courts, such as the Supreme Court, the Constitutional Courts or the High Courts of the various countries. This is equally a disadvantage of an unwritten constitution. Many experts view written constitutions as rigid documents which are deeply entrenched in the governing system of a country. Our unwritten constitution is old fashioned, and . An "unwritten" constitution is a problem or a miracle. One of the key areas governments focus their attention on is public health care. In this case, the provisions of the constitution will become uncertain, and very difficult for anyone to decode what the purpose of a particular provision is. . (If it is a common-law nation, it also consists of common law, which is effectively another kind of tradition, and judicial precedents.) It gets even worse, when people dig deeper and find out the racial discrimination that went on behind the scenes. In other words, the reason why an unwritten constitution may be considered more desirable than the written one stems from the merits that the written constitution lacks. Thus, a written constitution would create less confusion and the meaning about laws and rights may be greater enforced. Throughout the country there were public meetings and consultation with the people. It is believed that the safest nations have very strict gun control laws. Unlike a written constitution, an unwritten constitution is flexible and easy to amend. On one hand, if a written constitution was introduced it would affect the power of government, relationship between judges and politician and individual freedoms and rights. a) It gives the courts too much work in handling matters as they search for constitutional principles not only in judicial decisions but in different statutes and customs. It is expensive to operate A written constitution is expensive to operate since amendment procedures usually cost time and money. Hope this article was helpful? Please confirm - Politics - English - The Free Dictionary Language Forums Judges are unelected and socially do not represent the population which could lead to a democratic deficit because of a lack of democratic legitimacy, as the public could be subjected to opinions which they do not agree with but have been implemented due to the preferences of senior judges. A. With 27 amendments now (the most recent added in 1992) we have a lot of rights as Americans. Someone surely had to inspire the people who wrote it? this makes it unsuitable to accommodate social, political, and economic Dynamics of the environment. The result is that the people feel much closer to their government and are more willing to participate in the political process. An unwritten constitution is usually unclear, uncertain or unintelligible. An unwritten constitution is less expensive to operate because ordinary acts of parliament rather than expensive special procedures are enough to amend it. One disadvantage of the written constitution is that it is more rigid and may therefore be less responsive and adaptable than an unwritten one. An advantage of the UK constitution is that it takes into account of changing views. Retrieved from https://paperap.com/paper-on-essay-advantages-and-disadvantages-of-written-and-unwritten-constitutions/. After a closer examination of the Articles of Confederation, delegates disregarded the Articles, following the failure of their original form of government. In this article, i will comprehensively discuss the advantages and disadvantages of an unwritten constitution. Countries like the United Kingdom, Israel and New Zealand possess the unwritten constitution while countries like India, United States and states of the Commonwealth Caribbean possess the written constitution. Can appear vague and uncertain - no single agreed source. These are the major characteristics of a good constitution. Sample Essay on the Disadvantages of a Written Constitution The German Constitutional Court is a special court dedicated solely to the protection of the constitution. It is good that the British constitution will always takes into account these changes. A significant disadvantage, however, is that controversies may arise due to different understandings of the usages and customs which form the fundamental provisions of the constitution. Such a change in the United Kingdom could easily be done in a matter of hours. Thank you for supporting this project. A constitution sets out how all the elements of Government are organized and how power is carved up among different political units. The purpose of this clause to allow the organisation of the government, while also helping to effectuate the power of Congress, and in doing so it introduces a great deal of flexibility to the constitution. A perfect example of democracy that truly respects the rights, freedom and aspirations of the people is in the United States where there is a written constitution. cite it. There is no single document to refer to when one is in doubt. Below are some of the demerits of an unwritten constitution: Since the rules and regulations guiding the state are not contained in one single document, there is always uncertainty as to what the law actually is. Before beginning to comment on the usefulness of corporate budget, it is important to know what is the meaning and purpose of budget for a corporation. Disadvantages of an unwritten constitution Below are some of the demerits of an unwritten constitution: 1. With written constitutions a higher law is more difficult to change and it is easier and quicker to introduce an Act of Parliament than to alter a constitution. It is elastic to meet the present and future needs of the country. Let me know what you think in a brief comment below. The reverse is also true. Therefore the unwritten constitution allows for a great amount of organic change over time, to easily take into account the changing times and needs of the democratic system. A lot of change was brought about for the everyday lives of all kinds of the people. Most British people would struggle to put their hands on what their rights are or in which text they can locate these literature. The employs has a monthly payment and an additional commission of what they sell. Disadvantages of the UK adopting a written constitution There are also many argument against the UK adopting a written constitution. This may make the peaceful resolution of disagreements difficult. These advantages of the unwritten constitution are the direct opposite of the disadvantages of a written constitution. There are no single document/documents, which contain it; though many sources may be found describing it. In essence, this clause offers a way for the US Congress to achieve its constitutional mandated ends(The Heritage Foundation, 2011). Unwritten - it is hard to define exactly what is in the constitution Students also viewed written and unwritten constitutions 17 terms akhn23 It is to a large extent written on the heart of the people and is based on the principles of justice, fairness and equality. with free plagiarism report. In a federal system, a person can compare political, social, and economic systems in different states and relocate to one they find more suitable. Let us help you get a good grade on your paper. The United States constitution is stuck with old provisions that people think are a bad idea, e. . Notwithstanding these advantages of the unwritten constitution, there still remain serious drawbacks to such a constitution. Although an unwritten constitution may be considered too flexible which causes government to almost do as they wish, a written constitution would be far too rigid and would cause major difficulties when wanting to change certain laws, and it would also be difficult to agree on what a new constitution would contain. ALSO READ: Check here to see the admission and disadvantages of a written constitution. Your email address will not be published. Advantages and Disadvantages of Written and Unwritten Constitutions. The last disadvantage is the question of British sovereignty. As already stated, where the constitution is not written, the law is usually what the judiciary says it is. Although there are differences between written and unwritten constitutions with respect to their advantages and disadvantages, one must carefully consider the usefulness of a constitution and its promotion of democracy and the rights and freedom of the people. Without a clear and established set of rules, this can make it more difficult to ascertain what is legal and what is not. There are many advantages and disadvantages to a written or unwritten constitution and it is hard to determine which type is favourable. One of their hobbies is gambling, and it is well known that most gamblers are always in debt because the mathematical probability of all gambling games is designed for the players to lose most of the time. 1. Answer (1 of 4): In a nation with an unwritten constitution, the constitution consists of tradition plus statute law. Judges can be easily corrupted in cases where they have large debts or have vices that they need money to maintain. There are always litigation arising from violation of one rights or the other. Some political scientists are of the view that; since an unwritten constitution is flexible and can be easily amended, it is the best because it will work more efficiently in times of urgency. It is not so when the constitution is written because the law is always what the constitution says it is. Not suitable for a federal system of government, Pillars of democracy: see the Major pillars of a democratic government, How to become a successful lawyer in the legal profession, Are lawyers liars? Thus it tends to bind them together. This becomes a problem in multi-ethnic or multi-racial societies like Nigeria, India, South Africa and the United States of America where such needs have to be entrenched in written clauses. Below are some of the countries in the world that have an unwritten constitution: Must read: Exceptions to the rule in Adams v Lindsell (Every lawyer should know this). Pages 14, Advantages and Disadvantages of Written and Unwritten Constitutions, Ask a professional expert to help you with your text, Give us your email and we'll send you the essay you need, By clicking Send Me The Sample you agree to the terms and conditions of our service. Neither is it definite. The opposite effect of this was seen with the constitution of Argentina written many years after in 1853 and was a better document, but did not prevent a succession of dictatorial Governments from ignoring it, such as the Perons Military Government which ignored the fundamental rights of the people. Furthermore, if these citizens feel a sense of belonging to a country they are more likely to become involved in, and be interested in what is going on in their country. The problem arouses when the two men applied a relief to the courts; Connecticut accepted it and Pennsylvania didn 't. An entrenched constitution cannot be altered in any way by a legislature as part of its normal business concerning ordinary statutory laws. Other core principles of the British Constitution include the rule of law, the separation of government into executive, legislative, and judicial branches, the accountability of ministers to parliament, and the independence of the judiciary. At the beginning of the English revolution of 1688 the English rose in rebellion against King James. Order custom essay Advantages and Disadvantages of an Unwritten Constituion This leaves a larger part of the job of interpreting the law to the discretion of the judiciary. We have the responsibility to vote in the elections. We'll not send Advantages and disadvantages of the UK constitution In the United States, elections are held every four years, but a President cannot serve more than two terms, so he cannot run for office after his second term is up. As a kind of deal or contract between those in power and those who are subjected to this power, a constitution defines the rights and duties of citizens and the devices that keep those in power in check. get custom Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. Higher laws are more difficult to change than the statute law. The fundamental rights or the right to life are outlined. I will earn a commission if you follow a link to purchase a product. A written constitution is precisely a charter that has been codified, in that the rules and regulations that citizens must abide by are stated in a single document format. It states many different things in it. It can be used for implementing programmes that will improve the living standards of the citizenry. Examples of countries where this type of constitution is used are: Israel, Canada, Saudi Arabia, New Zealand etc. This is another way to keep someone out of the Presidency for too long, like in some of the African countries where it is noted that Presidents who serve for more than twenty years or so, allow the power to go to their heads, and as a consequent use the constitution and the military to stay in power for an unlimited number of years, which history has proven is unhealthy for the development of those countries, since those countries have been plagued with civil war, unrest and economic problems. Required fields are marked *. This strong gun control laws enhances a lower crime rate but that is not always the case.. We use cookies to give you the best experience possible. Was this information useful? An unwritten constitution is one where the laws or rules and regulations establishing the institutions of government have not been formally written in a single document. I really enjoy the effort put in. the foundation of the english constitution was laid in the 13th century by king john. The rights would become more clearly defined due to a written constitution and perhaps easier to enforce than an unwritten constitution because it is difficult to be completely sure of what your rights are, these rights can be defined through a bill of rights in the written constitution. your own essay or use it as a source, but you need For example, in 1997 the changing of the hereditary peer system and also further reforms to change the structure of parliament. Thus, the possibility of people interpreting differently what a convention says about a particular procedure is very high.
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