Instead Britain's laws, policies and codes are developed through statutes, common law, convention and more recently E. U law. 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. The challenge is to ensure that the executives do not wield its authority without being contained by the other branches. The Constitution on one hand would give the people a voice and the other would control the nation through a monarchy system. Rigidity: A written constitution is rigid and inelastic. The chief factor accounting for this is that the functions of the various organs of government have not been spelt out in black and white. Therefore individual rights remained dependent on the ad hoc statutory protection or upon judicial protection under common law. Thus it tends to bind them together. The Constitution gives us rights that nobody can take away from us. The constitution is the set of laws, rules and practices that create the basic institutions of the state. We also have the responsibly to follow all the laws the government makes. See below the major disadvantages of a written constitution. Answer Text: Disadvantages of an unwritten constitution. When the shot was fired at Lexington it was heard around the world which started the American Revolution. The Bill of Rights are clearly outlines which deals with rights to equality, human dignity, life, privacy, freedom of speech, freedom of religion and expression, labour relations, education, children and legal process. An unwritten constitution cannot sustain a federal government system because a federal government structure requires a clear decision of powers and duties between or among the different tires of government and separation of power and duties between and among the different arms of government. 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. The money which would have otherwise been spent on writing a constitution is saved. It gets even worse, when people dig deeper and find out the racial discrimination that went on behind the scenes. Learn how your comment data is processed. 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. Another disadvantage of unwritten constitutions which has been commonly cited, is the lack of clarity leading to greater difficulty in enforcing the law. Identify and discuss the advantages and disadvantages of written and unwritten types of constitutions. 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. Below are some of the merits of an unwritten constitution: This is evidently one of the known advantages of an unwritten constitution. It is elastic to meet the present and future needs of the country. Your email address will not be published. The Revolution of the 13 Colonies of America was truly revolutionary. Although these three nations share the characteristics of liberal democracies, they differ greatly in multiple facets of their respective political cultures. Britain is one of the few countries that has an unwritten constitution. The very high costs involved in drafting and promulgating into law a written constitution do not come into play here. Each arm of the state keeps watch over the powers of the other. Its unwritten nature makes it uneasy to quickly ascertain the unconstitutionality of an act. You will also find out examples of countries and societies that operate the unwritten constitution. By continuing well assume youre on board with our The diversity of each countrys political practices, from political participation to governmental structure, while varying between them, still uphold the values of liberal democracy that allow these nations to succeed today. It is now time to dive into the shortcomings of the unwritten constitution. 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. It sets up major governing institutions, assigns institutions their given power, and places explicit and implicit control on power that given to them. Save time and let our verified experts help you. 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. The advantages of an unwritten constitution far outweigh the disadvantages (40) You must make a judgement. This post may contain affiliate links. Higher laws are more difficult to change than the statute law. The main disadvantage of an uncodified constitution is that it is harder to understand. spam or irrelevant messages, We use cookies to give you the best experience possible. Advantages and Disadvantages of Written and Unwritten Constitutions. The laws have been flexible to allow Muslim men to have more than one wife in British society. The executive makes policy, proposes laws and implements laws passed by the legislatures and the judiciary tries cases and administer justice. After a closer examination of the Articles of Confederation, delegates disregarded the Articles, following the failure of their original form of government. This can further increase the likelihood of disagreements and conflicts. An unwritten constitution just like common law, grows over a long time from the way of life of a people, it is unsuitable for a multilingual and a multi religious or diverse people or population such as Nigeria. Cost analysis is one of the. For example, in 1997 the changing of the hereditary peer system and also further reforms to change the structure of parliament. To learn more about his experiences as an online entrepreneur, visit his other website, Advantages of the Unwritten Constitution (and Disadvantages). 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. Thus it is only these select few who are able to interpret it and what is worrying is that these people might be the ones to connive in constitutional subversion. 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. There are arguments as to whether an unwritten constitution is the best type of constitution or not. A lot of change was brought about for the everyday lives of all kinds of the people. All rights reserved, Advantages and Disadvantages of an Unwritten Constitution. It is more relevant to the aspirations of the people and can stand the test of time since it develops from their actual experiences. In other words, to understand the provisions of the constitution, one may have search for other laws that explains the constitution. In addition to the points already made, an unwritten constitution is also advantageous because it does not give rise to so much litigation. PhDessay is an educational resource where over 1,000,000 free essays are Did you know that we have over 70,000 essays on 3,000 topics in our We'll not send I will earn a commission if you follow a link to purchase a product. After gaining their independence from Great Britain, the Americans colonies were struggling in establish a new stable nation. In addition, this system recognizes a citizen's right to exit a state. During this period the English Parliament had passed several. But the meeting eventually ended up in creating the United States Constitution. B) Identify two advantages and two disadvantages of an unwritten constitution. Two types of national constitutions that exist are the written (codified) constitution and the unwritten (uncodified) constitution. In an unwritten constitution it is difficult to determine whether or not something is or is not 'unconstitutional'. The constitution is "the set of laws, rules and practices that create the basic institutions of the state". One of the disadvantages of the written constitution is that it is considered rigid. Those are some of our rights and responsibilities as Americans. Due to this inflexible nature of a written constitution it is difficult to ensure the constitution is up to date and relevant to current times as they cannot be changed easily and therefore it is harder for the government to respond to changing social, economic and political circumstances. There are no limitations on the legislative body. 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. This leaves a larger part of the job of interpreting the law to the discretion of the judiciary. Need urgent help with your paper? On the other hand a written constitution can be considered rigid. We have the responsibility to vote in the elections. We cannot end our discussion of the advantages of the unwritten constitution without mentioning the ease with which it can be understood. This essay was written by a fellow student. On the other hand, the major disadvantages of an unwritten constitution are the possibility of frequent changes, inadequate protection of minorities, ease of manipulation and abuse, its indefinite nature and lack of clarity regarding the separation of the powers of government. Since there is no single document containing all constitutional provisions, it is almost impossible to refer to such a constitution. The constitution of the United States had many unforeseen shortcomings which the Founding Fathers could not have envisioned over two hundred years ago. assignments. Non political judges are able to police the constitution to ensure that its provisions are upheld by other public bodies. The disadvantage is that very few people k. 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. So, what is an unwritten constitution? While the advantages of an unwritten constitution make it look more desirable than the written one, there are equally many weaknesses of unwritten constitutions. 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. Which constitution is in an unwritten form? Because these judges had the power to drop these cases and were not accountable to any political directorate, they had no choice but to throw the cases out, else they and their families would have face executions by the drug cartel. Unwritten constitution is the result of long process and natural growth of political constitutions of the country. 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. 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. 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? As a result no one, especially a corrupt politician can interfere in the work of the constitutional courts. 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. One of the disadvantages of an unwritten constitution is it allows for flexibility in interpreting what is and is not lawful. Thank you for supporting this project. Your email address will not be published. There is no single document to refer to when one is in doubt. Another advantage of an written constitution is that it allows for easy and fast decision making by the government in time of urgency where the constitution needs to be amended. The constitution of Britain is the best example of an unwritten constitution. These had to be patched through amendments, but have been honoured by Governments, and no dictatorship has been able to take hold of it. 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. In the next section of this post, we will highlight the disadvantages of the unwritten constitution. 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. The other disadvantage is that only a select few can acquire such knowledge of the unwritten constitution since they are scattered across many documents. The fourth disadvantage of a written constitution is that constitutional provisions are enshrined in customs and conventions and may be more widely respected because they have been endorsed by history and not invented or drawn up by humans On major advantage of the unwritten constitution is its flexibility and responsiveness to change. you The Parliament could easily fox a written constitution to serve itself and executive members without the public ever being aware of this. It is not so when the constitution is written because the law is always what the constitution says it is. In response to the public 's outrage, Governor Wolf hastily granted reprieves "from all planned executions." This is another key advantage of a written constitution you should know. Overall, our nation experienced the majority of its change politically, and social issues, but change was still seen to a lesser extent economically. 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 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. 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. An unwritten constitution is not always clear because the constitution is not contained in one single document. Required fields are marked *. 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) 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. The founding fathers had a meeting on what improvements should be made to the Articles of Confederation. This will understand the content of this article in depth. The Constitution is not an elitist document because of the equal benefits provided to man, the need of social classes, and the check of power. A) What is meant by an unwritten constitution? Unwritten - it is hard to define exactly what is in the constitution Students also viewed written and unwritten constitutions 17 terms akhn23 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,. 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. 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. The laborious process of amendment does not have to be done simply because a minor change in political practice. Those making the case for a written constitution need to provide more information about which aspects are fixed, flexible and foreclosed. An unwritten constitution allows easy and quick decisions to meet exigencies of the government and national life. You can also take as many online practice tests as you want on the SHS General Arts subjects. The provisions of this type of constitution usually make reference to other provisions to ensure that the actual intent of the lawmakers are understood. Many people say that it does not matter whether a constitution is written or unwritten. Answer (1 of 4): In a nation with an unwritten constitution, the constitution consists of tradition plus statute law. Every government provides services for their citizens. We are now going to identify the major advantages of unwritten constitutions. In this article, i will comprehensively discuss the advantages and disadvantages of an unwritten constitution. Thank you! Disadvantages Of A Written Constitution A written constitution is always difficult to amend. There was also consultation with the leader of the opposition, because the support of the opposition was needed to make any kind of amendment to the proposed constitution. This is important during an emergency when quick decisive action is needed. Many plans were proposed to unify the country as a whole. A historic constitution which in the years has a lot of changes and interventions from outsides powers, separations of three main bodies in the way that it works. Parliament has unlimited law-making powers and there is no clear separation of powers among the three arms of the Government. In the UK there has been no constitutional crisis or major confusion over what rights citizens have but it remains stable and a part of the countys history. can use them for free to gain inspiration and new creative ideas for their writing 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. 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As already stated, where the constitution is not written, the law is usually what the judiciary says it is. Try again Prone to Revolution: A country with a written constitution is liable to face political upheavals because of the rigidity of its constitutional framework. Clearly, it is the reason why most heterogeneous societies prefer a written constitution with a federal form of government. An advantage of the UK constitution is that it takes into account of changing views. In this essay, the author Long-held traditions are a part and parcel of the peoples culture. Ok, let me say Im extremely satisfy with the result while it was a last minute thing. 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. Well known British politicians over the years have commented publicly on this issue of Britain slowly losing its sovereignty. 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. . Some of these rights were gained through tradition and time. The UK has an unwritten constitution unlike the U. S. A. In this senior high school Government tutorial, we shall first discuss the advantages of the unwritten constitution. The United States constitution is stuck with old provisions that people think are a bad idea, e. . On July 4, 1776 they signed a declaration this was the Declaration of Independence declaring these colonies a new independent nation. This illustrates the erosion of the United Kingdom unfettered sovereignty. It grows over a long time from the way of life of the people. Judges can be easily corrupted in cases where they have large debts or have vices that they need money to maintain. 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. this makes it unsuitable to accommodate social, political, and economic Dynamics of the environment. 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. 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. The legislature can make laws but cannot hand down judgments or take executive action. The gentleman went into the office of the Education Minister and demanded accountability. An "unwritten" constitution is a problem or a miracle. b) Because of the nature of the unwritten constitution, it is not easy to protect the rights of people effectively as . Such a situation is yet another route to avoidable conflicts within the government. 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. 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. It has its own disadvantages and that is what we will be looking at below. It is usually unclear and uncertain 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. Now that you have known some of the key advantages of an unwritten constitution, it will be wise to also discuss some of the disadvantages of an unwritten constitution. A written constitution is one that is contained in a single document which is the one source of constitutional law in a state. Again, the relative ease of compromise and consensus building associated with the unwritten constitution allows it to avoid the frequent tensions in governments that operate under a written constitution. The third disadvantage is that constitutional supremacy resides with non elected judges rather than with public accountable politicians.
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