Answer (1 of 4): In a nation with an unwritten constitution, the constitution consists of tradition plus statute law. What are the advantages and disadvantages of a unwritten Constitution? What are the advantages and disadvantages of a written constitution? 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 Note, again, that it is these demerits of the unwritten constitution that make some modern constitutional monarchies adopt a written constitution instead. 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? . However, due to the difference in perspective of how the nation should be governed, the Congress had a difficult time convincing the states to sign the constitution. They are what make it more suitable for homogeneous societies with political traditions dating far back into their history. I explained this statement in my article on the advantages and disadvantages of a written constitution last week. Take for instance, it is apparently foolhardy to have an unwritten constitution in a federal and heterogeneous state. it lays emphasis on the rule of law and protects the fundamental rights of the individual. Identify and discuss the advantages and disadvantages of written and unwritten types of constitutions. 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. The problem arouses when the two men applied a relief to the courts; Connecticut accepted it and Pennsylvania didn 't. 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. Which constitution is in an unwritten form? Individual liberty is more securely protected and authorative Government is kept at bay. The German Constitutional Court is a special court dedicated solely to the protection of the constitution. 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. The constitution of the Republic of South Africa 1996 which is called the birth certificate of a new South Africa states the hopes and aspirations of the nation torn apart by apartheid. In this article, i will comprehensively discuss the advantages and disadvantages of an unwritten constitution. Altogether these constitute the British constitutional Law. ALSO READ: Check here to see the admission and disadvantages of a written constitution. A constitution is literally a rule book. One disadvantage of the written constitution is that it is more rigid and may therefore be less responsive and adaptable than an unwritten one. Your results will come up instantly. 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. He is also an expert digital marketer with proven skills in SEO content writing. The Government is straight jacketed, so absolute power cannot be the norm of the government. This can further increase the likelihood of disagreements and conflicts. In addition to the points already made, an unwritten constitution is also advantageous because it does not give rise to so much litigation. On the other hand a written constitution can be considered rigid. All rights reserved, Advantages and Disadvantages of an Unwritten Constitution. Some of these rights were gained through tradition and time. It is elastic to meet the present and future needs of the country. 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. Wait a moment and try again. 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. This will help you to understand why some countries have a written constitution and others have an unwritten constitution. 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. How would you contrast Amazon's business design with that of Barnes ; Noble before Barnes ; Noble went online? These had to be patched through amendments, but have been honoured by Governments, and no dictatorship has been able to take hold of it. Do you think unwritten constitutions are better than written ones? In this senior high school Government tutorial, we shall first discuss the advantages of the unwritten constitution. To conclude, I believe that the advantages of an unwritten constitution far outweighs the disadvantages because it has always worked so changing it would be a waste of time, effort and money. 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. No doubt, this is a disadvantage of an unwritten constitution you should know too. It can be found in article 1, section 8 of the constitution, clause 18. Thank you! An entrenched constitution cannot be altered in any way by a legislature as part of its normal business concerning ordinary statutory laws. Advantages And Disadvantages Of Unwritten Constitution. Before beginning to comment on the usefulness of corporate budget, it is important to know what is the meaning and purpose of budget for a corporation. Its flexibility makes the law to grow with the social life, trends, customs and tradition of the people. Judges can be easily corrupted in cases where they have large debts or have vices that they need money to maintain. In document three, it is shown that different classes of people still interact. The first 10 were in the Bill of rights written way back in 1791 giving us in detail 10 rights as a citizen. Similarly, the relative ease with which unwritten rules and procedures can be changed could result in too many unnecessary changes. spam or irrelevant messages, We use cookies to give you the best experience possible. 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,. An "unwritten" constitution is a problem or a miracle. 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. Ok, let me say Im extremely satisfy with the result while it was a last minute thing. A constitution sets out how all the elements of Government are organized and how power is carved up among different political units. Simply put, an unwritten constitution is a type of constitution that is not contained or documented in a single document. 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. Unwritten constitution grows with the people, 4. They are the worlds oldest democracy and as a result the people are proud to respect the conventions and uphold law and order in society. Disadvantages of an unwritten constitution Below are some of the demerits of an unwritten constitution: 1. 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. Such a change in the United Kingdom could easily be done in a matter of hours. 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. Additional materials, such as the best quotations, synonyms and word definitions to make your writing easier are also offered here. A) What is meant by an unwritten constitution? In an unwritten constitution it is difficult to determine whether or not something is or is not 'unconstitutional'. It is not adaptable to the changing social and economic conditions. The executive makes policy, proposes laws and implements laws passed by the legislatures and the judiciary tries cases and administer justice. 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. On July 4, 1776 they signed a declaration this was the Declaration of Independence declaring these colonies a new independent nation. 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. 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. This, therefore, constitutes one more of the advantages that an unwritten constitution has over the written one. Essay, In addition, this system recognizes a citizen's right to exit a state. In this essay, the author 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. One of their hobbies is gambling, and it is well known that most gamblers are always in debt because the mathematical probability of all gambling games is designed for the players to lose most of the time. Informal Further, the lack of certainty is one of the most cited disadvantages of the unwritten constitution. The British people are proud and law abiding. The easier it is for government officials to quickly make decisions and implement them, the more efficient government machinery becomes. 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. 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. A historic constitution which in the years has a lot of changes and interventions from outsides powers, separations of . It is now time to dive into the shortcomings of the unwritten constitution. 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. What are the advantages and disadvantages of an unwritten constitution? Higher laws are more difficult to change than the statute law. One of the key areas governments focus their attention on is public health care. Among the advantages of the unwritten constitution is its ability to remain relevant to the needs of the people. Answer Text: Disadvantages of an unwritten constitution. 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. 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. They are insulated from outside interference. The Facts, 11 Causes of the Rise of Nationalism in Africa, 150+ WAEC English Essay Past Questions (PDF), 50+ General Arts Job Opportunities for Students, 22 Reading Comprehension Past Questions and Answers, 20 Best Productivity Apps for Students (Free & Paid), 36 Best Online Fitness Courses (with Certificates), 20 Free Financial Literacy Classes Online (Adults and Students), Free Online Finance Courses List for Beginners, 50+ List of Jobs in Finance for All Graduates, 50+ Essay Writing Software for Students to Download (Free and Paid), Top 5 Online German Language Courses for Beginners (Free), 30+ Free Online Healthcare Courses for Beginners, 10 Life-Changing Benefits of Studying Literature, 50+ Free English Learning Apps to Download. There are many advantages and disadvantages to a written or unwritten constitution and it is hard to determine which type is favourable. It entailed the unification of Europe which Hitler wanted to achieve by use of force and the military, and the ultimate destruction of America. The Constitution gives us rights that nobody can take away from us. Thus, the possibility of people interpreting differently what a convention says about a particular procedure is very high. 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. Hope this article was helpful? The advantages of an unwritten constitution far outweigh the disadvantages (40) You must make a judgement. The laborious process of amendment does not have to be done simply because a minor change in political practice. As you many know, a good constitution is supposed to be clear, unambiguous and certain. The ceremonial preamble of the Trinidad and Tobagos constitution makes reference to the supremacy of God, fundamental human rights and freedoms. The American constitution also draws reference to God. 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. document.getElementById("ak_js_1").setAttribute("value",(new Date()).getTime()); This site uses Akismet to reduce spam. 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. This is another key advantage of a written constitution you should know. Table of content Introduction: Financing decisions and investment decisions are considered to be two of the most vital decisions that corporations have to take. A Bill of Rights place limitations on the Government and creates an area of freedom for the people. It's free to sign up and bid on jobs. The reverse is also true. fossil fuels) are among the most used sources of energy to date. An unwritten constitution is usually unclear, uncertain or unintelligible. This changes also knowns as a revolution-- Revolution is forcible overthrow of a government or social order in favor of a new system. According to the article, two states, Connecticut and Pennsylvania both assigned a death penalty to two men who committed equally serious crimes. Many people say that it does not matter whether a constitution is written or unwritten. There are arguments as to whether an unwritten constitution is the best type of constitution or not. Another disadvantage of a written constitution is that there may be tyranny within the judiciary. The provisions of this type of constitution usually make reference to other provisions to ensure that the actual intent of the lawmakers are understood. Its flexible nature allows for compromise between organs or government in appropriate situations for the interest of the country. 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." The next disadvantage is that delete and insert can be done on the constitution if by chance one day a written one is implemented. Below are some of the merits of an unwritten constitution: This is evidently one of the known advantages of an unwritten constitution. Written - cannot be changed easily to fit with contemporary values and ideas 2. This may not be based on any legal principle or statute. 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. These disadvantages of the unwritten constitution make most modern states choose the written one over it. This leaves ample room for officials with sinister motives to bend the customs and traditions to their will. (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. Unwritten constitutions are the product of an evolution of laws and conventions over centuries. 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. Many plans were proposed to unify the country as a whole. 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. It is more relevant to the aspirations of the people and can stand the test of time since it develops from their actual experiences. Describes the advantages of a 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. Did you know that we have over 70,000 essays on 3,000 topics in our Without a clear and established set of rules, this can make it more difficult to ascertain what is legal and what is not. 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. 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. 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 . Thus it tends to bind them together. Your email address will not be published. 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. Citizens have the benefit of receiving free health care. Major principle and key constitutional provisions are entrenched, safeguarding them from intervention by the Government of the day. It is misleading to call the British constitution unwritten; a more precise form of . The legislature can make laws but cannot hand down judgments or take executive action. Well known British politicians over the years have commented publicly on this issue of Britain slowly losing its sovereignty. A. This will be followed by criticisms against unwritten constitutions. 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. The last disadvantage is the question of British sovereignty. The challenge is to ensure that the executives do not wield its authority without being contained by the other branches. Leaves the state free to develop the law for the benefit of the citizens. 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. 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. There is irony in the fact that the United Kingdom today does not have a written constitution, yet historically it has had a rich heritage of pioneering constitutional charters and documentation. As a result no one, especially a corrupt politician can interfere in the work of the constitutional courts. The power of the legislature is constrained, cutting its sovereignty down to size. Instead Britain's laws, policies and codes are developed through statutes, common law, convention and more recently E. U law. As Americans, we also have responsibilities, stated in the Constitution. I will earn a commission if you follow a link to purchase a product. This illustrates the erosion of the United Kingdom unfettered sovereignty. Non political judges are able to police the constitution to ensure that its provisions are upheld by other public bodies. This makes it difficult to include new aspects in the constitution. Disadvantages Of A Written Constitution A written constitution is always difficult to amend. 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 Constitution is not an elitist document because of the equal benefits provided to man, the need of social classes, and the check of power. In essence, this clause offers a way for the US Congress to achieve its constitutional mandated ends(The Heritage Foundation, 2011). The fundamental rights or the right to life are outlined. It gets even worse, when people dig deeper and find out the racial discrimination that went on behind the scenes. An uncodified constitution is a type of constitution where the fundamental rules often take the form of customs, usage, precedent and a variety of statutes and legal instruments. One of the disadvantages of the written constitution is that it is considered rigid. It has its own disadvantages and that is what we will be looking at below. Since there is no single document containing all constitutional provisions, it is almost impossible to refer to such a constitution. In a federal system, a person can compare political, social, and economic systems in different states and relocate to one they find more suitable. Advantages and Disadvantages of an Unwritten Constituion Essay. Minimizing conflict situations in both the government and society as a whole is one of the major advantages of the unwritten constitution. Type your requirements and I'll connect The Revolution of the 13 Colonies of America was truly revolutionary. It states many different things in it. 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? An uncodified constitution is unwritten, or at least not written all in one document. Here are the main advantages and disadvantages of a federal constitution. The constitution does not fit all types of government. 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. number: 206095338, E-mail us: In the late 1770s the Thirteen Colonies of Britain wanted to separate and form their own nation. Easy and quick decision making in time of urgency, 3. Currently, it is practiced in most of the homogeneous states in the world to foster unity and economic development. There is no single document to refer to when one is in doubt. The second disadvantage of the written constitution is that Government power may be more effectively constrained by regular elections than by a constitutional document. The laws have been flexible to allow Muslim men to have more than one wife in British society. For example, many Arab countries have written constitutions that sound wonderful (human rights, elections, etc.) 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. 1. 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. This essay was written by a fellow student. Learn how your comment data is processed. See below the major disadvantages of a written constitution. Required fields are marked *. Unwritten - it is hard to define exactly what is in the constitution Students also viewed written and unwritten constitutions 17 terms akhn23 you to an academic expert within 3 minutes. This is one of the major feature of an unwritten constitution and it may not be suitable for a federal system of government. First and foremost is Magna Carta (1215), the 'Great Charter of the Liberties of England'. assignments. A constitution establishes literal legitimacy, its the real deal. Its unwritten nature makes it uneasy to quickly ascertain the unconstitutionality of an act. 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. So the responsibilities that goes with being British may never fully be understood by the average citizen because those rights are scattered across a host of different places. 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. An unwritten constitution is based on the way of life of the people. On the other hand, one can argue, Disadvantages Of A Unwritten Constitution, An unwritten constitution is a problem or a miracle. Asante sana, It was indeed very helpful for my daughter, Your email address will not be published. The result is that the people feel much closer to their government and are more willing to participate in the political process. 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 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. The Parliament could easily fox a written constitution to serve itself and executive members without the public ever being aware of this.
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