Advantages and Disadvantages of Written and Unwritten Constitutions. An understanding of the constitution is obtained through reading commentary by the judiciary, government committees or legal experts.In such a constitutional system, all these elements may be (or may not be . The judiciary is unique in that it is not elected, but it is independent. Your results will come up instantly. Unwritten constitution is the result of long process and natural growth of political constitutions of the country. B) Identify two advantages and two disadvantages of an unwritten constitution. Your email address will not be published. Essay, Here, the rules and regulations guiding the state is usually found in case law by the judiciary. The Revolution of the 13 Colonies of America was truly revolutionary. This may strengthen the populations feeling of belonging to the country as it creates a clearer sense of political identity. In this senior high school Government tutorial, we shall first discuss the advantages of the unwritten constitution. One of the controversies that arose from the creation of the Constitution was the question of management of commerce. There are no single document/documents, which contain it; though many sources may be found describing it. (Document 1), In this article, "Death Penalty Receives Another Blow, This Time In Pennsylvania" by Sam Wright from Above The Law, Mr. Wright discusses the controversy over death penalty and the difference between states deciding the standards of it. 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. Unlike a unwritten constitution, a written constitution contained in a single document. On document two, when talking of government and politics, the idea that government exists to help the people and that the government should get their power from the people that are affected by these laws and rules has never been considered. There is no single document to refer to when one is in doubt. Moreover, its all private and confidential. This is a disadvantage of an unwritten constitution and it is mostly criticized by scholars. The Parliament could easily fox a written constitution to serve itself and executive members without the public ever being aware of this. Last among the disadvantages of the unwritten constitution I want you to know is the hazy nature of the separation of powers in such a constitutional arrangement. Israel, it is reported, has an unwritten constitution. Thus, an unwritten constitution is more likely to speed up the work of government, Advantages and Disadvantages of a Written Constitution, Why Conventions in a Constitution Are Important, Political Party Quiz for Government Students, 12 Reasons Why the Convention Peoples Party Dominated Ghanaian Politics from 1951 to 1966, WAEC 2021 Government Questions and Answers. The American constitution also draws reference to God. If conventions are allowed to evolve with the passage of time, the unwritten constitution can hardly become outmoded. Unlike a written constitution, an unwritten constitution is flexible and easy to amend. Disadvantages: 1. How would you contrast Amazon's business design with that of Barnes ; Noble before Barnes ; Noble went online? It is now time to dive into the shortcomings of the unwritten constitution. Advantages and Disadvantages of Written and Unwritten Constitutions What's So Great About a Written Constitution? - The Atlantic Describes the advantages of a written constitution. Britain is one of the few countries that has an unwritten constitution. This type of constitution does not allow for a great amount of organic change over time and does not easily take into account the needs of the democratic system and the people. The Constitution gives us rights that nobody can take away from us. Youre right and Im going to talk about 3 of some of the most important documents that influenced the Constitution. Some of these rights were gained through tradition and time. 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Like i said before, an unwritten constitution is not free from flaws. 2. Advantages and disadvantages of the UK constitution A constitution is a body of fundamental principles or established precedents according to which a state or organization is governed, especially when embodying the rights of subjects. Sample Essay on the Disadvantages of a Written Constitution 1. In essence, this clause offers a way for the US Congress to achieve its constitutional mandated ends(The Heritage Foundation, 2011). you The constitution is "the set of laws, rules and practices that create the basic institutions of the state". Once criminal elements know which judges are in debt, they can easily reach out financially to these judges, and of course for favors in return. Also, easier amendment procedures associated with the unwritten constitution mean a lesser waste of money, time and other resources. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. All matters regarding the constitution are addressed by parliament, which is composed of the House of Commons, who are the major participants and the House of Lords. The requirement for lengthy and complicated procedures to precede the amendment of a written constitution does not arise here. This clause is also often referred to as the necessary and proper or the sweeping clause. It can be used for implementing programmes that will improve the living standards of the citizenry. 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? This is good detailed work..? It is to a large extent written on the heart of the people and is based on the principles of justice, fairness and equality. (2018, Dec 17). All rights reserved, Advantages and Disadvantages of an Unwritten Constitution. The power of the legislature is constrained, cutting its sovereignty down to size. Disadvantages of an unwritten constitution Below are some of the demerits of an unwritten constitution: 1. 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. A lot of change was brought about for the everyday lives of all kinds of the people. Disadvantages Of A Written Constitution A written constitution is always difficult to amend. The United States constitution is stuck with old provisions that people think are a bad idea, e. . Let me know what you think in a brief comment below. 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 uncertainty of its provisions does not allow easy reference and may encourage the infringing of the rights of citizens who are not enlightened enough to know what the position of the law is. A constitution is a set of rules, which are generally written, it identifies the relationship between the different parts of the government, and also the relationship between the government and the citizens. . Smith v Selwyn: Facts issues and decision of the court, 21 Leading cases in the law of contract you should know, How to apply for law internship in any Law Firm, 2. 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. An advantage of the UK constitution is that it takes into account of changing views. 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). As already stated, where the constitution is not written, the law is usually what the judiciary says it is. 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. Examples are: Britain. Any constitutional violation by the executive, such as a politician who abuses the power of his established office can be held accountable in court. The British people are proud and law abiding. Advantages of unwritten constitutions. 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. A budget is basically. Continuing, about a third of African Americans who received death penalty in Philadelphia "would have not received the death penalty were they not African American." Compare and contrast written and unwritten constitutions. Which type of This was evident in Trinidad and Tobago, where many felt that the last Prime Minister, Patrick Manning abused the powers of his office, and on many occasions was taken to court for judicial review. Written - cannot be changed easily to fit with contemporary values and ideas 2. An uncodified constitution is unwritten, or at least not written all in one document. One reason for this is that unwritten constitutions generally develop from the common social and political experiences of the people. Compared to a written constitution, the unwritten constitution is unable to adequately cater for the special needs of minority groups. Uncodified constitution - Wikipedia It is more relevant to the aspirations of the people and can stand the test of time since it develops from their actual experiences. Most British people would struggle to put their hands on what their rights are or in which text they can locate these literature. You will also find out examples of countries and societies that operate the unwritten constitution. It is easily adapted to change and amendments. Disadvantages Of A Unwritten Constitution | ipl.org Explore how the human body functions as one unit in Students looking for free, top-notch essay and term paper samples on various topics. Similarly, the relative ease with which unwritten rules and procedures can be changed could result in too many unnecessary changes. The courts can judge the actions of the legislature and the executive but cannot pass laws. Difficult to change. 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. Read the truth as to whether lawyers are liars here, How to Network as a Student in College/University: 10 Networking Tips, Lawyers or Teachers, Who is More Important/Better? Some may claim that the Constitution is no longer relevant because it was written in 1787 therefore, it is outdated and cannot fit the many needs of modern day society and it is restricted to the minds of The Founding Fathers who constructed it rather than the people of the United States. Currently, it is practiced in most of the homogeneous states in the world to foster unity and economic development. Notify me of follow-up comments by email. After gaining their independence from Great Britain, the Americans colonies were struggling in establish a new stable nation. Unwritten constitution grows with the people, 4. fossil fuels) are among the most used sources of energy to date. Long-held traditions are a part and parcel of the peoples culture. b) Because of the nature of the unwritten constitution, it is not easy to protect the rights of people effectively as . Those making the case for a written constitution need to provide more information about which aspects are fixed, flexible and foreclosed. 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. Below are some of the merits of an unwritten constitution: This is evidently one of the known advantages of an unwritten constitution. Encourages the evolution of the constitution. I will try as much as possible to clear your doubts and help you understand the topic better. 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. Scholars The reason is because the flexible nature of the constitution will allow an unnecessary alterations on the constitution. database? Leaves the state free to abuse it's . 48 Vitosha Boulevard, ground floor, 1000, Sofia, Bulgaria Bulgarian reg. We also have the responsibly to follow all the laws the government makes. The Medellin Drug Cartel in Columbia controlled the drug trade in that country during the 1980s and they were untouched by politicians and law enforcement during their reign. 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A constitution can be in the form of a codified single written document, as it is in many countries across the world, or it can be made up of many different documents and therefore is classed as unwritten. This preamble recognizes the injustices of the past and honours those who suffered for injustices and freedom and respect for those who work to develop the country and believe that South Africa belongs to all who live in it, united in diversity. It is believed that the safest nations have very strict gun control laws. Disadvantages Of Unwritten Constitution - 1623 Words | 123 Help Me 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,. The legislature can make laws but cannot hand down judgments or take executive action. harmony in order to life, Advantages and Disadvantages of an Unwritten Constituion. What are the advantages and disadvantages of a written constitution Individual liberty is more securely protected and authorative Government is kept at bay. Since the British constitution is the product of evolution of laws and conventions over centuries which include written source and e. g. constitutional statutes enacted by Parliament (House of Communities Act 1972, Human Rights Act 1998), and also unwritten sources such as constitutional conventions, observation of precedents, royal prerogatives, customs and traditions , such as always holding a General Election on Thursdays. Need urgent help with your paper? The Constitution is supreme over ordinary statute law. An unwritten constitution is flexible, it does not pose problems of amendment and it can easily be adapted to meet the changing social, economic and political development of the country. "African American defendants were sentenced to death at a significantly higher rate than similarly situated members of the racial groups." Written - prevents discussion 3. assignments. This took place at Constitutional, Following the American Revolution, colonists faced the issue of creating a new form of government and order for their newly created country. The strongest argument in favour of a written constitution is that it would protect the rights of its citizens and individual liberty would be more securely protected. This, therefore, constitutes one more of the advantages that an unwritten constitution has over the written one. One of the disadvantages of the written constitution is that it is considered rigid. Topic Overview Disadvantages Of An Unwritten Constitution - 1055 Words | 123 Help Me You can also take as many online practice tests as you want on the SHS General Arts subjects. Thank you for supporting this project. 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 The laws guiding the state are not contained in a single document so not every citizen even have access to it and so, most people dont know their rights and obligations. Judges in Trinidad and Tobago and the rest of the Commonwealth Caribbean are appointed by the various Judicial and Legal Service Commissions. These also exist in common law, treaties with foreign powers, analysis and comments made by experts such as politicians and academia. Hope this article was helpful? The reverse is also true. Constitutions of pre-colonial African states were unwritten. A written constitution is one that is contained in a single document which is the one source of constitutional law in a state. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. Advantages and disadvantages of written constitution and unwritten It shows people of different class enjoying a game together. No doubt, this is a disadvantage of an unwritten constitution you should know too. political figures and ordinary people who believe that Britain should have one. As a result no one, especially a corrupt politician can interfere in the work of the constitutional courts. This changes also knowns as a revolution-- Revolution is forcible overthrow of a government or social order in favor of a new system. Since there is no single document containing all constitutional provisions, it is almost impossible to refer to such a constitution. It is the view of many politicians and academics globally that a constitution should grow with the society in keeping with that particular time in the historical development of the country. can use them for free to gain inspiration and new creative ideas for their writing By continuing well assume youre on board with our 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. After a closer examination of the Articles of Confederation, delegates disregarded the Articles, following the failure of their original form of government. [email protected]. Instead Britain's laws, policies and codes are developed through statutes, common law, convention and more recently E. U law. Although a written constitution has all the constitutional information in one place, which means there is less chance of conflict when all the information comes from one source, in being unwritten the UK constitution is flexible, as opposed to written constitutionsshow more content Take a sneak peek into this essay! Business Administration Division of power in this way ensures checks and balances within the system in a country. A constitution sets out how all the elements of Government are organized and how power is carved up among different political units. A constitution is a set of rules that establish duties and functions of the government and defines the basic principles to which society must conform. States that have codified constitutions normally give the constitution supremacy over ordinary statute law. Minimizing conflict situations in both the government and society as a whole is one of the major advantages of the unwritten constitution. The womans right to vote was added to the amendments to give women equal rights. Retrieved from https://phdessay.com/advantages-and-disadvantages-of-an-unwritten-constituion/, Hire skilled expert and get original paper in 3+ hours, Run a free check or have your essay done for you, Didn`t find the right sample? Something went wrong. There are advantages and disadvantages to both types of constitutions. (U.S Const., art. I will earn a commission if you follow a link to purchase a product. This is because, an unwritten constitution may not work properly in a federation. 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. Judges can be easily corrupted in cases where they have large debts or have vices that they need money to maintain. Identify and discuss the advantages and disadvantages of written and unwritten types of constitutions. By virtue a politician is accountable to the people and in a democratic country like Trinidad and Tobago if one is not satisfied by a Member of Parliament he can take action, as was the case when a Muslimeen member was disgruntled because his daughter could not attend a Catholic School with her traditional Muslim garb. (If it is a common-law nation, it also consists of common law, which is effectively another kind of tradition, and judicial precedents.) It can be found in article 1, section 8 of the constitution, clause 18. Unwritten constitutions are flexible as they are not entrenched, and flexibility is extremely important and useful as the modern day is constantly changing. The fundamental rights or the right to life are outlined. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. While the advantages of an unwritten constitution make it look more desirable than the written one, there are equally many weaknesses of unwritten constitutions. See below the major disadvantages of a written constitution. In this article, i will comprehensively discuss the advantages and disadvantages of an unwritten constitution. The main disadvantage of an uncodified constitution is that it is harder to understand. Introduction This information has been declassified within recent years. Each arm of the state keeps watch over the powers of the other. The executive makes policy, proposes laws and implements laws passed by the legislatures and the judiciary tries cases and administer justice. Unwritten constitutions are easier to understand because they are in the form of unwritten customs, norms and practices. 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. It initiates a never-ending dialectic of mutual construction and ambivalent relations: the constitution constructs the government, the people and the state, which in turn explain the constitution. Judges had to drop charges against any member of this Cartel if they ever went to court because the Cartel Bosses threaten the judges with violence and death. What are the advantages and disadvantages of an unwritten Constitution A Written Constitution: A Case Not Made - OUP Academic cookie policy. My The third disadvantage is that constitutional supremacy resides with non elected judges rather than with public accountable politicians. Higher laws are more difficult to change than the statute law. In this essay, the author A Bill of Rights place limitations on the Government and creates an area of freedom for the people. It has its own disadvantages and that is what we will be looking at below. What are the advantages and disadvantages of an unwritten constitution? When the shot was fired at Lexington it was heard around the world which started the American Revolution. In addition to the points already made, an unwritten constitution is also advantageous because it does not give rise to so much litigation. 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. Cost analysis is one of the. The first 10 were in the Bill of rights written way back in 1791 giving us in detail 10 rights as a citizen.
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