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. 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. Thus, the possibility of people interpreting differently what a convention says about a particular procedure is very high. It sets up major governing institutions, assigns institutions their given power, and places explicit and implicit control on power that given to them. We also have the responsibly to follow all the laws the government makes. Encourages the evolution of the constitution. Most British people would struggle to put their hands on what their rights are or in which text they can locate these literature. Hope this article was helpful? There is therefore a real danger of the emergence of dictatorship and abuse of human rights. As one man might have no shoes and rags, another might have a wig, suit. This essay was written by a fellow student. It is a common sight to see judges at exclusive casinos in Trinidad and Tobago. 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. 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. The fundamental rights or the right to life are outlined. Any constitutional violation by the executive, such as a politician who abuses the power of his established office can be held accountable in court. 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. 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. Carbon-intensive sources of energy (i.e. Higher laws are more difficult to change than the statute law. The first 10 were in the Bill of rights written way back in 1791 giving us in detail 10 rights as a citizen. Last year the St. Vincent Government attempted constitutional reform, but needed a majority of seventy five percent of the voters in a referendum. It states many different things in it. Its unwritten nature may make the ascertainment of its precise provisions and content uneasy and subject to individual opinion and level of enlightenment. Order custom essay Advantages and Disadvantages of an Unwritten Constituion Students looking for free, top-notch essay and term paper samples on various topics. It is now time to dive into the shortcomings of the unwritten constitution. Disadvantages: 1. 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. Elastic Clause. Those are some of our rights and responsibilities as Americans. In states operating the unwritten constitution, the rules governing the conduct of government business remain largely in the minds of the people. Leaves the state free to abuse it's . Unlike a unwritten constitution, a written constitution contained in a single document. The constitution does not fit all types of government. For example, in 1997 the changing of the hereditary peer system and also further reforms to change the structure of parliament. In Argentina a state of emergency was declared 52 times to bypass constitutional guarantees. Disadvantages Of A Written Constitution A written constitution is always difficult to amend. 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. 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. Representatives made it their purpose to create a government that would be fair for everyone; the North and South, the educated and uneducated, the rich and poor. Non written traditions and customs carry greater weight in the United Kingdom as oppose to the written constitution. 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. In this senior high school Government tutorial, we shall first discuss the advantages of the unwritten constitution. ALSO READ: Check here to see the admission and disadvantages of a written 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. The disadvantage is that very few people k. A similar definition has been given by Merriam-webster dictionary, which defines an unwritten constitution as a constitution that is not embodied in a single document but based chiefly on custom and precedent as expressed in statutes and judicial decisions. Thus, a written constitution would create less confusion and the meaning about laws and rights may be greater enforced. Difficult to ascertain the unconstitutionality of an act, 3. 1. Someone surely had to inspire the people who wrote it? b) Because of the nature of the unwritten constitution, it is not easy to protect the rights of people effectively as . Althou. In a federal system, a person can compare political, social, and economic systems in different states and relocate to one they find more suitable. There are no limitations on the legislative body. When the shot was fired at Lexington it was heard around the world which started the American Revolution. Britain is one of the few countries that has an unwritten 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. 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. This comes at no extra cost to you. I will try as much as possible to clear your doubts and help you understand the topic better. We can see that although the United Kingdom does not have a written document, it is the oldest and one of the greatest democracies in the world. Some of the major disadvantages of a written constitution include: Cast in stone. Which constitution is in an unwritten form? An advantage of the UK constitution is that it takes into account of changing views. Accordingly, it is not wise or advantageous to have a written constitution in a unitary state. spam or irrelevant messages, We use cookies to give you the best experience possible. (2018, Dec 17). Minor violations would go unnoticed because the average citizen is not aware of the various types of British laws. In this article, i will comprehensively discuss the advantages and disadvantages of an unwritten constitution. Lord Actions assumption was, power corrupts: absolute power corrupts absolutely. Another disadvantage of a written constitution is that there may be tyranny within the judiciary. Such a change in the United Kingdom could easily be done in a matter of hours. The reverse is also true. . Informal One disadvantage of the written constitution is that it is more rigid and may therefore be less responsive and adaptable than an unwritten one. On the other hand, another advantage of a written constitution is that it would end elective dictatorship, where, as long as a government is elected, it can effectively do as it wishes because it often maintains a majority over the House of Commons and therefore can pass any laws it wishes to. In this essay, the author For them, an unwritten constitution allows for dictatorship and easy altering of the provisions of the constitution. Israel, it is reported, has an unwritten constitution. They are insulated from outside interference. During the 1970s, 1980s and early 1990s the well known drug dealer and killer Dole Chadee had every single one of his cases dismissed at the Princes Town Magistrates court, and it was the same judge who sat on those cases, because he was not accountable to anyone, not even the Prime Minister at the time. WASSCE 2021 Economics Past Questions and Answers, 2018 WAEC Literature Questions and Answers, WASSCE 2013 Comprehension Passage and Answers, Top 5 Quotes About Discrimination in Second Class Citizen. This is unlike written constitutions which often become necessary to cater for the interests of disparate ethnic groups that have been brought together under one artificially-created state. In response to the public 's outrage, Governor Wolf hastily granted reprieves "from all planned executions." It is easily adapted to change and amendments. An unwritten constitution is usually unclear, uncertain or unintelligible. A majority is needed in Parliament to attempt any kind of modification. The written document has an educational value in that it highlights the central values and overall goals of the political system. Neither is it definite. The United Kingdom has so far been a peaceful and stable country, whereas countries like China, Russia, North Korea, Vietnam and Myanmar all have written constitutions, but basic human rights are not enjoyed by a number of citizens of those countries. 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. There are always litigation arising from violation of one rights or the other. The Constitution may be legally flexible, political factors may impede radical constitutional reform. The constitution is the set of laws, rules and practices that create the basic institutions of the state. During this period the English Parliament had passed several. Describes the advantages of a written constitution. An uncodified constitution is unwritten, or at least not written all in one document. This may strengthen the populations feeling of belonging to the country as it creates a clearer sense of political identity. Ok, let me say Im extremely satisfy with the result while it was a last minute thing. This makes it difficult to include new aspects in the 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. 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? Also, the smooth running of government may suffer if the unwritten rules are changed too frequently. So, before I give you all the points for writing an essay on the pros and cons of an unwritten constitution, I would like us to begin with a brief definition of the unwritten constitution. However judges are not accountable to anyone for their actions, whether they are right or dead wrong. The UK has an unwritten constitution unlike the U. S. A. It is expensive to operate A written constitution is expensive to operate since amendment procedures usually cost time and money. Moreover, its all private and confidential. For example, the German Federal Constitution which states that human dignity on the basis of human rights is protected. Based on this, I think it is clear that unwritten constitution has its own advantages (merits) and disadvantages (demerits). One reason for this is that unwritten constitutions generally develop from the common social and political experiences of the people. This is equally a disadvantage of an unwritten constitution. This is one of the major feature of an unwritten constitution and it may not be suitable for a federal system of government. Its flexibility makes the law to grow with the social life, trends, customs and tradition of the people. Well known British politicians over the years have commented publicly on this issue of Britain slowly losing its sovereignty. With less waste of time on constitutional wrangling and more effective consensus building, the government will be better placed to carry out its mandate. One of the key areas governments focus their attention on is public health care. A constitution is literally a rule book. It gets even worse, when people dig deeper and find out the racial discrimination that went on behind the scenes. This creates room for anyone to assume powers that do not belong to them under the constitution. The womans right to vote was added to the amendments to give women equal rights. The laws have been flexible to allow Muslim men to have more than one wife in British society. It is to a large extent written on the heart of the people and is based on the principles of justice, fairness and equality. It is elastic to meet the present and future needs of the country. The Revolution of the 13 Colonies of America was truly revolutionary. Note, again, that it is these demerits of the unwritten constitution that make some modern constitutional monarchies adopt a written constitution instead. Judges can be easily corrupted in cases where they have large debts or have vices that they need money to maintain. You can use it as an example when writing By continuing well assume youre on board with our cookie policy, Dont waste Your Time Searching For a Sample, Essay On Nuclear Energy And Advantages And Disadvantages, Advantages And Disadvantages Of Science And Technology, The Advantages and Disadvantages of Using an External and Internal Evaluator in an Evaluation, The Responsibilities and Techniques, Advantages and Disadvantages of the Language Teacher, The Advantages and Disadvantages of Governments Providing Free Health Care, Advantages And Disadvantages Of The Impacts Of Tourism Tourism Essay, Advantages And Disadvantages Of Work Life Balance Social Work Essay, What are Advantages and Disadvantages of Doing Business on the Internet, Advantages and Disadvantages of Direct Selling, The Advantages and Disadvantages of One Mass Media, ASK writer for The 1689 Bill of Rights sets out the powers of the Parliament, but relies on the notion of residual freedom and the concept of parliamentary sovereignty. This is actually one of the biggest disadvantages of having an unwritten constitution in a state. 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. 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? It is good that the British constitution will always takes into account these changes. 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. 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. The legislature can make laws but cannot hand down judgments or take executive action. An unwritten constitution allows easy and quick decisions to meet exigencies of the government and national life. Its unwritten nature makes it uneasy to quickly ascertain the unconstitutionality of an act. Judges in Trinidad and Tobago and the rest of the Commonwealth Caribbean are appointed by the various Judicial and Legal Service Commissions. One of the controversies that arose from the creation of the Constitution was the question of management of commerce. Historically, Constitutions have held the incentive to be written in order to prevent the rule of absolute monarchs: US Constitution 1787, the French Declaration of Rights of Man and Citizen in 1789 and the UK Bill of Rights in 1689. Here comes a typical WAEC/WASSCE past question on the advantages and disadvantages of the unwritten constitution. 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). 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 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. 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. 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. harmony in order to life, Advantages and Disadvantages of an Unwritten Constituion. This is why nations like Canada, Israel etc, stll have an unwritten constitution to today. An uncodified constitution has the advantages of elasticity, adaptability and resilience. 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. We are now going to identify the major advantages of unwritten constitutions. The other disadvantage is that only a select few can acquire such knowledge of the unwritten constitution since they are scattered across many documents. Cost analysis is one of the. Under such circumstances, the unwritten constitution stands the danger of losing its credibility and power. Business Administration 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. The problem arouses when the two men applied a relief to the courts; Connecticut accepted it and Pennsylvania didn 't. The courts can judge the actions of the legislature and the executive but cannot pass laws. 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. assignments. Individual liberty is more securely protected and authorative Government is kept at bay. 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. The power of the legislature is constrained, cutting its sovereignty down to size. The British constitution exists in every single piece of legislation ever passed in Parliament. A historic constitution which in the years has a lot of changes and interventions from outsides powers, separations of . Rigidity: A written constitution is rigid and inelastic. Because Johanna is a well known brand and have a huge market share sales representatives can. How would you contrast Amazon's business design with that of Barnes ; Noble before Barnes ; Noble went online? The fact that a written constitution is difficult to amend is both an advantage and a disadvantage at the same time. Disadvantages of unwritten constitutions. Explains that the constitution of england is a classic example of an unwritten constitution. 1. In addition, this system recognizes a citizen's right to exit a state. The advantages of an unwritten constitution far outweigh the disadvantages (40) You must make a judgement. And it is also easier and faster to introduce an act of . Instead Britain's laws, policies and codes are developed through statutes, common law, convention and more recently E. U law. This can further increase the likelihood of disagreements and conflicts. 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. Need urgent help with your paper? 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.
Alexandra Hospital Cheadle Parking Charges, Kotor 2 Mira Influence Guide, Articles W