you to an academic expert within 3 minutes. Unwritten constitutions are easier to understand because they are in the form of unwritten customs, norms and practices. The concentration of all power into the hands of one individual or group places them in a position to abuse that power and thus to instill fear into the common man, hence the need for the doctrine of the separation of powers in a democracy. We'll not send The advantages of the unwritten constitution include its greater flexibility, quick decision making, improved government efficiency, currency, prevention of conflicts, ease of understanding and lower cost of creation and amendment. Meanwhile, before I will move to the crux of this work, i would like to define what an unwritten constitution is. After a closer examination of the Articles of Confederation, delegates disregarded the Articles, following the failure of their original form of government. After time most of these old provisions are ignored or never used in a modern society, since they are not relevant to the needs of the people. In a federal system, a person can compare political, social, and economic systems in different states and relocate to one they find more suitable. Most British people would struggle to put their hands on what their rights are or in which text they can locate these literature. 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. Those making the case for a written constitution need to provide more information about which aspects are fixed, flexible and foreclosed. Ok, let me say Im extremely satisfy with the result while it was a last minute thing. 1. Sample Essay on the Disadvantages of a Written 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. This, therefore, constitutes one more of the advantages that an unwritten constitution has over the written one. In states operating the unwritten constitution, the rules governing the conduct of government business remain largely in the minds of the people. A crucial function of a constitution and a classic feature of democracy is the division of power among the three pillars of Government, i. e. the legislative, the executive and the judiciary. 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. 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. Consensus building is necessary prior to the amendment of a written constitution. Fortunately, this is possible because no difficult amendment procedures are needed to update unwritten practices that are no longer serving the interest of society. Thus, many people dont bring actions in court because they cannot predict the outcome of the courts decision which is not based on a written law. Like i said before, an unwritten constitution is not free from flaws. The constitution is "the set of laws, rules and practices that create the basic institutions of the state". In all other countries at the time, including Britain, political power is instituted by blood. After World Was Two the American troops seized covert plans from the Germans that outlined another future attempt by to unify Europe under German rule, but this time without the use of war. This will help you to understand why some countries have a written constitution and others have an unwritten constitution. 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. Constitutions - written and unwritten Flashcards | Quizlet Leaves the state free to abuse it's . 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. Answered, Advantages And Disadvantages of Cooperative Society, Most Socialist Countries In The World 2022: Top 10, Most Isolated Countries In The World 2022: Top 10, Best Congratulation Messages to Your Friends, Family & Co-workers, Advantages And Disadvantages Of Commercialization, Best Countries To Study Abroad 2023: Top 12 Easiest, Advantages And Disadvantages Of a Limited Liability Company (LLC), Advantages And Disadvantages Of Privatization. A budget is basically. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. Written constitution are mostly rigid, with cumbersome amendment procedure, which leads to the problem of how to easily amend it to make it suit changing needs and time. There is no single document to refer to when one is in doubt. Disadvantages of the UK adopting a written constitution There are also many argument against the UK adopting a written constitution. 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Business Administration Did you know that we have over 70,000 essays on 3,000 topics in our 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. Get expert help in mere 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. This can further increase the likelihood of disagreements and conflicts. Topic Overview Currently, it is practiced in most of the homogeneous states in the world to foster unity and economic development. 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. Another disadvantage of an unwritten constitution is that it may be more susceptible to abuse and manipulation by those in power. Copyright 2023 Bscholarly LLC. 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. For example, if the minimum age to vote was to be changes from 18 to 17, in the United States, a formal amendment would take years any may even fail to happen for a number of years because of procedural reasons. On the other hand, some scholars argue against this. What's So Great About a Written Constitution? - The Atlantic My essay, The Advantages and Disadvantages of Government Hospital and Free Health Care, An Analysis of the Advantages and Disadvantages of Carbon Fuels and Alternative Energy Sources, Different Management Approaches and Their Advantages and Disadvantages, Johanna's Employee Payment and Incentive System: Advantages and Disadvantages, The Importance of Cost Analysis in Financial and Investment Decisions: A Review of Concepts, Advantages, and Disadvantages, Advantages and Disadvantages of Amazon and Barnes & Noble's Business Designs for Customers, Advantages and Disadvantages of Corporate Budgets, Advantages And Disadvantages Of An Armed Public, Write The entry of the United Kingdom into the European Union in 1973 was a major constitutional development, bringing Britain under the supranational jurisdiction of the European Union in a limited number of areas, which has gradually grown over the years. 1. Below are some of the merits of an unwritten constitution: This is evidently one of the known advantages of an unwritten constitution. The Revolution of the 13 Colonies of America was truly revolutionary. Another disadvantage of unwritten constitutions which has been commonly cited, is the lack of clarity leading to greater difficulty in enforcing the law. 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 should be noted, however, that this can also be a disadvantage of an unwritten constitution too. Advantages and Disadvantages of Written and Unwritten Constitutions There are no limitations on the legislative body. One of the controversies that arose from the creation of the Constitution was the question of management of commerce. Similarly, the relative ease with which unwritten rules and procedures can be changed could result in too many unnecessary changes. A Written Constitution: Written And Unwritten Constitution One has to question the diplomatic motives behind the driving force of the European Union and its acceptance of Britain into the Union, so Britain should seriously think about it sovereign erosion. 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. 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. An uncodified constitution has the advantages of elasticity, adaptability and resilience. In this paper, I will be focusing on the divergence. political figures and ordinary people who believe that Britain should have one. The new counter-terrorism measures appeared to erode civil liberties in the wake of the September 11th 2001 attack in New York, and the July 7th 2005 bombings of the subway in London. Youre right and Im going to talk about 3 of some of the most important documents that influenced the Constitution. this makes it unsuitable to accommodate social, political, and economic Dynamics of the environment. can use them for free to gain inspiration and new creative ideas for their writing The Articles of Confederation was thought of as a failure after Shays Rebellion; an act of dissent by Daniel Shay in which farmers lost their, Of all modern democracies, the United States, Great Britain, and France are among the most exemplary illustrations of liberal democracy. The legislature makes laws and monitors the executive. Some of the major disadvantages of a written constitution include: Cast in stone. 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). Because the rules are not clearly stated and are subject to interpretation, those in power may be able to use their influence to shape the rules in their favor. 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. 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The result is that the people feel much closer to their government and are more willing to participate in the political process. assignments. It states many different things in it. For them, an unwritten constitution allows for dictatorship and easy altering of the provisions of the constitution. Others politicians are also asked to publicly account because in those cases the media intervene to voice the grievances of the people. The Constitution gives us rights that nobody can take away from us. It is now time to dive into the shortcomings of the unwritten constitution. A constitution establishes literal legitimacy, its the real deal. Instead Britain's laws, policies and codes are developed through statutes, common law, convention and more recently E. U law. First and foremost is Magna Carta (1215), the 'Great Charter of the Liberties of England'. Here comes a typical WAEC/WASSCE past question on the advantages and disadvantages of the unwritten constitution. Hope this article was helpful? The legitimacy and longevity of codified constitutions have often been tied to the process by which they were initially adopted. Everything depends on the character of the people, they say. Written - cannot be changed easily to fit with contemporary values and ideas 2. This is good detailed work..? Cost analysis is one of the. A written constitution may also have an educational value as it highlights the central values and goals in the political system. Take for instance, it is apparently foolhardy to have an unwritten constitution in a federal and heterogeneous state. 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. This comes at no extra cost to you. DISCLOSURE. The power of the legislature is constrained, cutting its sovereignty down to size. The executive makes policy, proposes laws and implements laws passed by the legislatures and the judiciary tries cases and administer justice. Simply put, an unwritten constitution is a type of constitution that is not contained or documented in a single document. I really enjoy the effort put in. 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 . We have been diving deep into the major advantages and disadvantages of the unwritten constitution. Apparently, these arguments are correct but i would like to settle with the point that, the best type of constitution depends, so much, on the political nature of the state or country in which it is practiced. This illustrates the erosion of the United Kingdom unfettered sovereignty. 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. 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. Advantages of Written and Unwritten Constituation - Studocu This information has been declassified within recent years. There must be parameters established for any country to govern . This may make the peaceful resolution of disagreements difficult. Established in 1787 The Constitution was a controversial document because it was a document that could both solve the nations hardships and warped the Republican foundation. Note, again, that it is these demerits of the unwritten constitution that make some modern constitutional monarchies adopt a written constitution instead. Elastic Clause. An unwritten constitution allows easy and quick decisions to meet exigencies of the government and national life. France has a Constitutional Council which judges the constitutionality of laws before the ratification process.
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