what are the disadvantages of unwritten constitution

Disadvantages of an unwritten constitution. - Tutorke One disadvantage of the written constitution is that it is more rigid and may therefore be less responsive and adaptable than an unwritten one. These are the major characteristics of a good 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. Thus, the possibility of people interpreting differently what a convention says about a particular procedure is very high. Scholars 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. Advantages and Disadvantages of Written and Unwritten Constitutions. Thank you for supporting this project. With less waste of time on constitutional wrangling and more effective consensus building, the government will be better placed to carry out its mandate. Additional materials, such as the best quotations, synonyms and word definitions to make your writing easier are also offered here. 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. Altogether these constitute the British constitutional Law. The Constitution on one hand would give the people a voice and the other would control the nation through a monarchy system. The Constitution may be legally flexible, political factors may impede radical constitutional reform. The UK has an unwritten constitution unlike the U. S. A. 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. They are insulated from outside interference. 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. An unwritten constitution is based on the way of life of the people. Judges in Trinidad and Tobago and the rest of the Commonwealth Caribbean are appointed by the various Judicial and Legal Service Commissions. 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. The courts can judge the actions of the legislature and the executive but cannot pass laws. get custom For example, many Arab countries have written constitutions that sound wonderful (human rights, elections, etc.) support@phdessay.com. Topic Overview Another disadvantage of unwritten constitutions which has been commonly cited, is the lack of clarity leading to greater difficulty in enforcing the law. Starting with the very first amendment granting us freedom of speech. Save time and let our verified experts help you. This is another key advantage of a written constitution you should know. Since there is no single document containing all constitutional provisions, it is almost impossible to refer to such a constitution. (U.S Const., art. political figures and ordinary people who believe that Britain should have one. Leaves the state free to abuse it's . 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. The next disadvantage is that delete and insert can be done on the constitution if by chance one day a written one is implemented. What is the UK Constitution? - The Constitution Unit - UCL On the other hand, one can argue, Disadvantages Of A Unwritten Constitution, An unwritten constitution is a problem or a miracle. 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. While the advantages of an unwritten constitution make it look more desirable than the written one, there are equally many weaknesses of unwritten constitutions. In an unwritten constitution it is difficult to determine whether or not something is or is not 'unconstitutional'. Another disadvantage of an unwritten constitution is that it may be more susceptible to abuse and manipulation by those in power. 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. This changes also knowns as a revolution-- Revolution is forcible overthrow of a government or social order in favor of a new system. This leaves a larger part of the job of interpreting the law to the discretion of the judiciary. The easier it is for government officials to quickly make decisions and implement them, the more efficient government machinery becomes. 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. This may make the peaceful resolution of disagreements difficult. As a result of being partly written and partly unwritten, most unwritten constitutions rely on many practices or conventions, that is, constitutional practices which are not necessarily legal rules (E.g the constitution of Britain). One of the disadvantages of the written constitution is that it is considered rigid. One disadvantage of the written constitution is that it is more rigid and may therefore be less responsive and adaptable than an unwritten one. Neurons: 22,062. 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. There are many advantages and disadvantages to a written or unwritten constitution and it is hard to determine which type is favourable. One disadvantage of the written constitution is that it is more rigid and may therefore be less responsive and adaptable than an unwritten one. Business Administration Advantages and disadvantages of written constitution and unwritten 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. Most British people would struggle to put their hands on what their rights are or in which text they can locate these literature. The other disadvantage is that only a select few can acquire such knowledge of the unwritten constitution since they are scattered across many documents. Unwritten constitution does not give rise to much litigation, Disadvantages of an unwritten constitution, 2. . The Pros and Cons of an 'Unwritten' Constitution The above are the key advantages of the unwritten constitution over the written one. Established in 1787 The Constitution was a controversial document because it was a document that could both solve the nation's hardships and warped the Republican foundation. 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 comes a typical WAEC/WASSCE past question on the advantages and disadvantages of the unwritten constitution. A constitution is literally a rule book. What are the advantages and 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. A constitution is the supreme law of the land in any given country and no other law may conflict with it, nor may the government do anything that violates it. Advantages And Disadvantages Of Unwritten 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. 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 requirement for lengthy and complicated procedures to precede the amendment of a written constitution does not arise here. A constitution is a body or framework of rules which constrains and checks government. 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. In essence, this clause offers a way for the US Congress to achieve its constitutional mandated ends(The Heritage Foundation, 2011). Ok, let me say Im extremely satisfy with the result while it was a last minute thing. Written - gives undemocratically elected judges a lot of power 4. There are arguments as to whether an unwritten constitution is the best type of constitution or not. When the shot was fired at Lexington it was heard around the world which started the American Revolution. Written - cannot be changed easily to fit with contemporary values and ideas 2. 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. We also have the responsibly to follow all the laws the government makes. In other words, to understand the provisions of the constitution, one may have search for other laws that explains the constitution. The laborious process of amendment does not have to be done simply because a minor change in political practice. The advantages of an unwritten constitution far outweigh the disadvantages (40) You must make a judgement. ?>, 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. 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. help. By continuing well assume youre on board with our 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. 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. The third disadvantage is that constitutional supremacy resides with non elected judges rather than with public accountable politicians. 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. He is also an expert digital marketer with proven skills in SEO content writing. 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 now time to dive into the shortcomings of the unwritten constitution. Advantages of Written and Unwritten Constituation - Studocu The Parliament could easily fox a written constitution to serve itself and executive members without the public ever being aware of this. 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. The British people are extremely proud of their monarchy, their historical achievements, their progressive democracy, their freedom and dignity. 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. 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. By way of conclusion, i must point the fact that an unwritten constitution is always the best type of constitution in time of emergency because it can be easily amended. Let me know what you think in a brief comment below. It has its own disadvantages and that is what we will be looking at below. I will earn a commission if you follow a link to purchase a product. 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. After a closer examination of the Articles of Confederation, delegates disregarded the Articles, following the failure of their original form of government. 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. Unwritten constitution is the result of long process and natural growth of political constitutions of the country. This post may contain affiliate links. Advantages of the Unwritten Constitution (and Disadvantages) 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. We have been diving deep into the major advantages and disadvantages of the unwritten constitution. Note, again, that it is these demerits of the unwritten constitution that make some modern constitutional monarchies adopt a written constitution instead. While the advantages of an unwritten constitution make it look more desirable than the written one, there are equally many weaknesses of unwritten constitutions. This is actually one of the biggest disadvantages of having an unwritten constitution in a state. The constitution is the set of laws, rules and practices that create the basic institutions of the state. Secondly, an unwritten constitution allows for quick decision-making. 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. 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. 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. 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. You will also find out examples of countries and societies that operate the unwritten constitution. Get expert help in mere Such a situation is yet another route to avoidable conflicts within the government. Disadvantages of unwritten constitutions. 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? Similarly, the relative ease with which unwritten rules and procedures can be changed could result in too many unnecessary changes. On the other hand a written constitution can be considered rigid. Instead Britain's laws, policies and codes are developed through statutes, common law, convention and more recently E. U law. I really enjoy the effort put in. An unwritten constitution can be easily manipulated because it is not codified. Then share it on your favourite social media platform for the benefit of others you care about. Sometimes it is hard to do all the work on your own. The constitution of the United States had many unforeseen shortcomings which the Founding Fathers could not have envisioned over two hundred years ago. 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. Its unwritten nature may make the ascertainment of its precise provisions and content uneasy and subject to individual opinion and level of enlightenment. The result is that the people feel much closer to their government and are more willing to participate in the political process. We'll not send Advantages and disadvantages of the UK constitution It is not adaptable to the changing social and economic conditions. Informal 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. 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. 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 power of the legislature is constrained, cutting its sovereignty down to size. 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 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? Was this information useful? First and foremost is Magna Carta (1215), the 'Great Charter of the Liberties of England'. With 27 amendments now (the most recent added in 1992) we have a lot of rights as Americans. 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. 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. Advantages and Disadvantages of an Unwritten Constituion 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. Constitutions of pre-colonial African states were unwritten. The legislature can make laws but cannot hand down judgments or take executive action. This means that compared to the unwritten one, the written constitution is easier to amend. The second disadvantage of the written constitution is that Government power may be more effectively constrained by regular elections than by a constitutional document. Retrieved from https://paperap.com/paper-on-essay-advantages-and-disadvantages-of-written-and-unwritten-constitutions/. According to the article, two states, Connecticut and Pennsylvania both assigned a death penalty to two men who committed equally serious crimes. 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. In Argentina a state of emergency was declared 52 times to bypass constitutional guarantees. The ceremonial preamble of the Trinidad and Tobagos constitution makes reference to the supremacy of God, fundamental human rights and freedoms. Encourages the evolution of the constitution. There must be parameters established for any country to govern . Below are some of the merits of an unwritten constitution: This is evidently one of the known advantages of an unwritten constitution. The disadvantage is that very few people k. 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. This is important during an emergency when quick decisive action is needed. It allows itself to be shaped by the needs of the people, adopting as required by circumstances. A. In addition, this system recognizes a citizen's right to exit a state. The main disadvantage of an uncodified constitution is that it is harder to understand. 1. The UK's unwritten constitution has distinct advantages especially with regard to promotion of democracy, accountability, transparency, and mandate. Advantages of a Written Constitution (and Disadvantages) We cannot end our discussion of the advantages of the unwritten constitution without mentioning the ease with which it can be understood. b) Because of the nature of the unwritten constitution, it is not easy to protect the rights of people effectively as . And it is also easier and faster to introduce an act of . 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. 1. 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. 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. 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. The laws have been flexible to allow Muslim men to have more than one wife in British society. With written constitutions a higher law is more difficult to change and it is easier and quicker to introduce an Act of Parliament than to alter a constitution. The people were given a forum to express their desire or disgust for the proposed constitutional document. Everything depends on the character of the people, they say. 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! 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. 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. Parliament has unlimited law-making powers and there is no clear separation of powers among the three arms of the Government. Advantages and disadvantages or written/unwritten - Quizlet Unlike a written constitution, an unwritten constitution is flexible and easy to amend. Often times referred to as the framework of our nations government, the U.S. Constitution is open for interpretation and only serves as a guideline thus meaning that there is no correct or incorrect standpoint on the issue of relevancy. database? In response to the public 's outrage, Governor Wolf hastily granted reprieves "from all planned executions." The legislature makes laws and monitors the executive. This illustrates the erosion of the United Kingdom unfettered sovereignty. The American constitution also draws reference to God. 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. Explore how the human body functions as one unit in 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. It is easily adapted to change and amendments. Someone surely had to inspire the people who wrote it? A) What is meant by an unwritten constitution? Two types of national constitutions that exist are the written (codified) constitution and the unwritten (uncodified) constitution.
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