what are the disadvantages of unwritten constitution

Take for instance, it is apparently foolhardy to have an unwritten constitution in a federal and heterogeneous state. 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. 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. During this period the English Parliament had passed several. The reason is because the flexible nature of the constitution will allow an unnecessary alterations on the constitution. Advantages and Disadvantages of Written and Unwritten - Phdessay Within the last couple of years the Peoples National Movement under the Prime Minister Patrick Manning, of Trinidad and Tobago attempted constitutional reform, but they did not have a majority in Parliament so they went about it in a different way. Sometimes it is hard to do all the work on your own. A written constitution may also have an educational value as it highlights the central values and goals in the political system. Britain's unwritten constitution | The British Library Which constitution is in an unwritten form? If conventions are allowed to evolve with the passage of time, the unwritten constitution can hardly become outmoded. Parliament has unlimited law-making powers and there is no clear separation of powers among the three arms of the Government. Retrieved from https://paperap.com/paper-on-essay-advantages-and-disadvantages-of-written-and-unwritten-constitutions/. 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. The Constitution on one hand would give the people a voice and the other would control the nation through a monarchy system. 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. What are the advantages and disadvantages of a written constitution Need urgent help with your paper? The American constitution also draws reference to God. What are the advantages and disadvantages of a constitution? The UK has an unwritten constitution unlike the U. S. A. The gentleman went into the office of the Education Minister and demanded accountability. An unwritten constitution can be easily manipulated because it is not codified. with free plagiarism report. It is to a large extent written on the heart of the people and is based on the principles of justice, fairness and equality. 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. Historically the United Kingdom has not had a definition of individual rights and freedoms. 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. The above are the key advantages of the unwritten constitution over the written one. These had to be patched through amendments, but have been honoured by Governments, and no dictatorship has been able to take hold of it. The Constitution is supreme over ordinary statute law. 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? The constitution is "the set of laws, rules and practices that create the basic institutions of the state". There are no single document/documents, which contain it; though many sources may be found describing it. 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 Lord Actions assumption was, power corrupts: absolute power corrupts absolutely. An unwritten constitution is based on the way of life of the people. Starting with the Rights of Citizenship in the Constitution because we got to know how the Constitution affects us and why we care about it. It is now time to dive into the shortcomings of the unwritten constitution. As a result no one, especially a corrupt politician can interfere in the work of the constitutional courts. Examples are: Britain. Someone surely had to inspire the people who wrote it? It is not adaptable to the changing social and economic conditions. What are the advantages and disadvantages of a written constitution? In fact, more than 85% of all primary energy on. Wait a moment and try again. Try again When the shot was fired at Lexington it was heard around the world which started the American Revolution. 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. Notify me of follow-up comments by email. No doubt, this is a disadvantage of an unwritten constitution you should know too. 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. Disadvantages Of A Written Constitution A written constitution is always difficult to amend. 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 system allows economic, social, and political . In this senior high school Government tutorial, we shall first discuss the advantages of the unwritten constitution. If there is any conflict between a legal statute and the constitution, all or part of the statute are declared ultra vires by a court, and struck down as unconstitutional. 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. To learn more about his experiences as an online entrepreneur, visit his other website, Advantages of the Unwritten Constitution (and Disadvantages). Since there is no single document containing all constitutional provisions, it is almost impossible to refer to such a constitution. The problem arouses when the two men applied a relief to the courts; Connecticut accepted it and Pennsylvania didn 't. Required fields are marked *. 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. The German Constitutional Court is a special court dedicated solely to the protection of the constitution. Well known British politicians over the years have commented publicly on this issue of Britain slowly losing its sovereignty. Disadvantages of an unwritten constitution. - Tutorke Judges can be easily corrupted in cases where they have large debts or have vices that they need money to maintain. The uncertainty of the provisions of an unwritten constitution is one of its major disadvantages. ?>, 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. Constitutions of pre-colonial African states were unwritten. 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. Such a change in the United Kingdom could easily be done in a matter of hours. The requirement for lengthy and complicated procedures to precede the amendment of a written constitution does not arise here. Secondly, an unwritten constitution allows for quick decision-making. 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. In this essay, the author There is therefore a real danger of the emergence of dictatorship and abuse of human rights. Advantages And Disadvantages Of Unwritten Constitution. Division of power in this way ensures checks and balances within the system in a 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. 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. Advantages and disadvantages of written constitution and unwritten This clause is also often referred to as the necessary and proper or the sweeping clause. Thank you! 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 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. The Pros and Cons of an 'Unwritten' Constitution Have you ever thought to yourself, where did the Constitution come from? An uncodified constitution has the advantages of elasticity, adaptability and resilience. PhDessay is an educational resource where over 1,000,000 free essays are 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. Note, again, that it is these demerits of the unwritten constitution that make some modern constitutional monarchies adopt a written constitution instead. your own essay or use it as a source, but you need What's So Great About a Written Constitution? - The Atlantic It allows itself to be shaped by the needs of the people, adopting as required by circumstances. 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. Advantages and Disadvantages of an Unwritten Constitution It is elastic to meet the present and future needs of the country. Also, easier amendment procedures associated with the unwritten constitution mean a lesser waste of money, time and other resources. Under such circumstances, the unwritten constitution stands the danger of losing its credibility and power. 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. support@phdessay.com. On the other hand a written constitution can be considered rigid. After a closer examination of the Articles of Confederation, delegates disregarded the Articles, following the failure of their original form of government. 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. 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. What many people do not know is, what influenced the United States Constitution and the founding fathers in writing.The idea of the Constitution was brought up after the failures of Articles of Confederation. 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. It is quite common for out of date or unworkable bits of laws to be discarded for new procedures and customs. This is another key advantage of a written constitution you should know. Its flexibility makes the law to grow with the social life, trends, customs and tradition of the people. 1. The reason for this is that in many cases, all parties involved only need to come to a consensus to change a certain procedure or convention. Of course, unwritten constitutions also contain difficulties: They may produce an overreliance on convention; often, they have no agreed-upon standard for constitutional change; and they. 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. A lot of change was brought about for the everyday lives of all kinds of the people. Notwithstanding these advantages of the unwritten constitution, there still remain serious drawbacks to such a constitution. Now, if you want more high school Government tutorials like this one, there are tons of WAEC/WASSCE Government study guides at Cegast Academy. Your email address will not be published. Written constitutions are often the product of some dramatic political change such as a revolution as was the case of America and the gaining of independence by the Commonwealth Caribbean countries from Britain. 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. As one man might have no shoes and rags, another might have a wig, suit. 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. Advantages and disadvantages of unwritten constitution. The Pros and What are the Advantages and Disadvantages of Slow Food and Fast Food? By continuing well assume youre on board with our How would you contrast Amazon's business design with that of Barnes ; Noble before Barnes ; Noble went online? We'll not send Advantages And Disadvantages Of Unwritten Constitution The legislature makes laws and monitors the executive. 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. Advantages and Disadvantages of Written and Unwritten Constitutions. 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. 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. If there is any part of this educating topic you do not understand or have doubts about, kindly let me know using the comment section. "African American defendants were sentenced to death at a significantly higher rate than similarly situated members of the racial groups." It can be found in article 1, section 8 of the constitution, clause 18. The disadvantage is that very few people k. The constitution is the set of laws, rules and practices that create the basic institutions of the state. 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. One disadvantage of the written constitution is that it is more rigid and may therefore be less responsive and adaptable than an unwritten one. Flexible and responsive to changing circumstances. harmony in order to life, Advantages and Disadvantages of an Unwritten Constituion. Save time and let our verified experts help you. ?>. Cost analysis is one of the. 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 . Constitutions - written and unwritten Flashcards | Quizlet Based on this, I think it is clear that unwritten constitution has its own advantages (merits) and disadvantages (demerits). Citizens have the benefit of receiving free health care. In an unwritten constitution it is difficult to determine whether or not something is or is not 'unconstitutional'. From a customer's prospective, what are the advantages and. It can be used for implementing programmes that will improve the living standards of the citizenry. The UK's unwritten constitution has distinct advantages especially with regard to promotion of democracy, accountability, transparency, and mandate. What are the disadvantages of an unwritten constitution? - Quora 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. Another disadvantage of an unwritten constitution is that it may be more susceptible to abuse and manipulation by those in power. Starting with the very first amendment granting us freedom of speech. 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. 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 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.

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