And it is also easier and faster to introduce an act of . This changes also knowns as a revolution-- Revolution is forcible overthrow of a government or social order in favor of a new system. Individual liberty is more securely protected and authorative Government is kept at bay. Its unwritten nature may make the ascertainment of its precise provisions and content uneasy and subject to individual opinion and level of enlightenment. A written constitution may also have an educational value as it highlights the central values and goals in the political system. It initiates a never-ending dialectic of mutual construction and ambivalent relations: the constitution constructs the government, the people and the state, which in turn explain the constitution. Your email address will not be published. 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. Something went wrong. In this essay I will discuss the advantages and disadvantages of an unwritten constitution and show that I agree with this statement. In this essay, the author 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. Was this information useful? An unwritten constitution is usually unclear, uncertain or unintelligible. with free plagiarism report. The legislature can make laws but cannot hand down judgments or take executive action. ALSO READ: Check here to see the admission and disadvantages of a written constitution. Below are some of the merits of an unwritten constitution: This is evidently one of the known advantages of an unwritten constitution. support@phdessay.com. Britain is one of the few countries that has an unwritten constitution. Judges can be easily corrupted in cases where they have large debts or have vices that they need money to maintain. (U.S Const., art. 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 process by which a country adopts a constitution is closely tied to the historical and political context driving these fundamental changes. Essay. the right to bear arms and the right to a jury trial in federal cases involving more than twenty dollars. It is more relevant to the aspirations of the people and can stand the test of time since it develops from their actual experiences. This will understand the content of this article in depth. The disadvantage is that very few people k. 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. How would you contrast Amazon's business design with that of Barnes ; Noble before Barnes ; Noble went online? In other words, to understand the provisions of the constitution, one may have search for other laws that explains the constitution. During this period the English Parliament had passed several. 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. Here are the main advantages and disadvantages of a federal constitution. Neither is it definite. A constitution is a set of rules that establish duties and functions of the government and defines the basic principles to which society must conform. Simply put, an unwritten constitution is a type of constitution that is not contained or documented in a single document. 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 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. The third disadvantage is that constitutional supremacy resides with non elected judges rather than with public accountable politicians. (2017, Apr 13). 48 Vitosha Boulevard, ground floor, 1000, Sofia, Bulgaria Bulgarian reg. The British people are proud and law abiding. In states operating the unwritten constitution, the rules governing the conduct of government business remain largely in the minds of the people. The Parliament could easily fox a written constitution to serve itself and executive members without the public ever being aware of this. 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 UK's unwritten constitution has distinct advantages especially with regard to promotion of democracy, accountability, transparency, and mandate. Save time and let our verified experts help you. An unwritten constitution is less expensive to operate because ordinary acts of parliament rather than expensive special procedures are enough to amend it. Identify and discuss the advantages and disadvantages of written and unwritten types of constitutions. This is good detailed work..? Elastic Clause. Disadvantages Of A Written Constitution A written constitution is always difficult to amend. Instead Britain's laws, policies and codes are developed through statutes, common law, convention and more recently E. U law. Describes the advantages of a written constitution. If conventions are allowed to evolve with the passage of time, the unwritten constitution can hardly become outmoded. The American constitution also draws reference to God. Thank you! It is misleading to call the British constitution unwritten; a more precise form of . 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? Most British people would struggle to put their hands on what their rights are or in which text they can locate these literature. cookie policy. 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. 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. This means that compared to the unwritten one, the written constitution is easier to amend. Written - cannot be changed easily to fit with contemporary values and ideas 2. Consensus building is necessary prior to the amendment of a written constitution. 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Do you think unwritten constitutions are better than written ones? ?>, 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. The written document has an educational value in that it highlights the central values and overall goals of the political system. Flexible and responsive to changing circumstances. The constitution is "the set of laws, rules and practices that create the basic institutions of the state". The result is that the people feel much closer to their government and are more willing to participate in the political process. 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. 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. Some of the major disadvantages of a written constitution include: Cast in stone. Constitutional courts are powerful instruments of judicial review with the power to declare unconstitutional a law that is deemed incompatible with the constitution. One has to question the diplomatic motives behind the driving force of the European Union and its acceptance of Britain into the Union, so Britain should seriously think about it sovereign erosion. A 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. 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. There must be parameters established for any country to govern . Therefore individual rights remained dependent on the ad hoc statutory protection or upon judicial protection under common law. An unwritten constitution can be easily manipulated because it is not codified. Pages 14, Advantages and Disadvantages of Written and Unwritten Constitutions, Ask a professional expert to help you with your text, Give us your email and we'll send you the essay you need, By clicking Send Me The Sample you agree to the terms and conditions of our service. Major principle and key constitutional provisions are entrenched, safeguarding them from intervention by the Government of the day. Table of content Introduction: Financing decisions and investment decisions are considered to be two of the most vital decisions that corporations have to take. It is good that the British constitution will always takes into account these changes. There are arguments as to whether an unwritten constitution is the best type of constitution or not. It sets up major governing institutions, assigns institutions their given power, and places explicit and implicit control on power that given to them. Also, a written constitution would prevent a government from interfering with any higher laws because there would be a higher law safeguarding the constitution. An uncodified constitution has the advantages of elasticity, adaptability and resilience. They are insulated from outside interference. Some of these rights were gained through tradition and time. In this senior high school Government tutorial, we shall first discuss the advantages of the unwritten constitution. Judges in Trinidad and Tobago and the rest of the Commonwealth Caribbean are appointed by the various Judicial and Legal Service Commissions. Since there is no single document containing all constitutional provisions, it is almost impossible to refer to such a constitution. I will earn a commission if you follow a link to purchase a product. This is another key advantage of a written constitution you should know. An unwritten constitution is one where the laws or rules and regulations establishing the institutions of government have not been formally written in a single document. I explained this statement in my article on the advantages and disadvantages of a written constitution last week. In the next section of this post, we will highlight the disadvantages of the unwritten constitution. Moreover, its all private and confidential. A Bill of Rights place limitations on the Government and creates an area of freedom for the people. A constitution is a body or framework of rules which constrains and checks government. It is easily adapted to change and amendments. Copyright 2023 IPL.org All rights reserved. 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. Constitutions of pre-colonial African states were unwritten. Retrieved from https://paperap.com/paper-on-essay-advantages-and-disadvantages-of-written-and-unwritten-constitutions/. document.getElementById("ak_js_1").setAttribute("value",(new Date()).getTime()); This site uses Akismet to reduce spam. Although a written constitution has all the constitutional information in one place, which means there is less chance of conflict when all the information comes from one source, in being unwritten the UK constitution is flexible, as opposed to written constitutionsshow more content Take a sneak peek into this essay! Although some critics argue that the revolution had meager affects, the war actually revolutionized The United States of America which is evident by the greater equality for the social classes, the increase in equality for the minorities, and the creation of a republic. 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 is actually one of the biggest disadvantages of having an unwritten constitution in a state. Search for jobs related to Advantages and disadvantages of written constitution and unwritten constitution or hire on the world's largest freelancing marketplace with 22m+ jobs. 1. . Thank you for supporting this project. number: 206095338, E-mail us: 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. Israel, it is reported, has an unwritten constitution. Constitutions exist as national and regional. 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. 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. 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? The last disadvantage is the question of British sovereignty. To learn more about his experiences as an online entrepreneur, visit his other website, Advantages of the Unwritten Constitution (and Disadvantages). In democratic countries, General Elections are held ever so often so that the people can decide who forms the next Government. Under such circumstances, the unwritten constitution stands the danger of losing its credibility and power. 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. The power of the legislature is constrained, cutting its sovereignty down to size. 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. Unlike a written constitution, an unwritten constitution is flexible and easy to amend. get custom Many changes in the constitution were made to please the people who once had suffered tyrannies. Hence, one must consider the advantages and disadvantages of a written constitution to establish a judgement on whether the introduction of a written constitution in Britain is a beneficial concept to acquire. The UK has an unwritten constitution unlike the U. S. A. 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. Well known British politicians over the years have commented publicly on this issue of Britain slowly losing its sovereignty. It consists of an accumulation of hundreds of years of traditions, customs, conventions, precedents and acts of parliament which serve as a point of reference or framework within which public office holders are expected to act. 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. Parliament has unlimited law-making powers and there is no clear separation of powers among the three arms of the Government. With 27 amendments now (the most recent added in 1992) we have a lot of rights as Americans. The provisions of this type of constitution usually make reference to other provisions to ensure that the actual intent of the lawmakers are understood. Although these three nations share the characteristics of liberal democracies, they differ greatly in multiple facets of their respective political cultures. This may make the peaceful resolution of disagreements difficult. Thus it tends to bind them together. 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. Here comes a typical WAEC/WASSCE past question on the advantages and disadvantages of the unwritten constitution. And when you subscribe to our newsletter, you stand the chance to receive regular updates of new posts and the latest news happening at Cegast Academy. 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." I, 8). 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 gentleman went into the office of the Education Minister and demanded accountability. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. 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. 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. On the other hand a written constitution can be considered rigid. There is no single document to refer to when one is in doubt. 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. harmony in order to life, Advantages and Disadvantages of an Unwritten Constituion. The constitution is "the set of laws, rules and practices that create the basic institutions of the state". In essence, this clause offers a way for the US Congress to achieve its constitutional mandated ends(The Heritage Foundation, 2011). 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. 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. Another disadvantage of an unwritten constitution is that it may be more susceptible to abuse and manipulation by those in power. Unwritten constitution is the result of long process and natural growth of political constitutions of the country. What are the advantages and disadvantages of an unwritten constitution? Its unwritten nature makes it uneasy to quickly ascertain the unconstitutionality of an act. you A constitution can be in the form of a codified single written document, as it is in many countries across the world, or it can be made up of many different documents and therefore is classed as unwritten.
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