Thus, a written constitution would create less confusion and the meaning about laws and rights may be greater enforced. 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. A constitution establishes literal legitimacy, its the real deal. A. An unwritten constitution is based on the way of life of the people. This is important during an emergency when quick decisive action is needed. It is easily adapted to change and amendments. Flexible and responsive to changing circumstances. 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. Judges are unelected and socially do not represent the population which could lead to a democratic deficit because of a lack of democratic legitimacy, as the public could be subjected to opinions which they do not agree with but have been implemented due to the preferences of senior judges. 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. 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. Order custom essay Advantages and Disadvantages of an Unwritten Constituion 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. 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? 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. Israel, it is reported, has an unwritten constitution. Therefore the unwritten constitution allows for a great amount of organic change over time, to easily take into account the changing times and needs of the democratic system. Save my name, email, and website in this browser for the next time I comment. It allows itself to be shaped by the needs of the people, adopting as required by circumstances. It is more relevant to the aspirations of the people and can stand the test of time since it develops from their actual experiences. fossil fuels) are among the most used sources of energy to date. Cost analysis is one of the. The founding fathers had a meeting on what improvements should be made to the Articles of Confederation. Examples are: Britain. We'll not send 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. 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. During this period the English Parliament had passed several. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. Consensus building is necessary prior to the amendment of a written constitution. I, 8). you to an academic expert within 3 minutes. 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. Did you know that we have over 70,000 essays on 3,000 topics in our Informal Disadvantages: 1. Advantages and Disadvantages of a Written Constitution The womans right to vote was added to the amendments to give women equal rights. As you many know, a good constitution is supposed to be clear, unambiguous and certain. In this paper, I will be focusing on the divergence. Based on this, I think it is clear that unwritten constitution has its own advantages (merits) and disadvantages (demerits). 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. Topic Overview It is elastic to meet the present and future needs of the country. 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. Those making the case for a written constitution need to provide more information about which aspects are fixed, flexible and foreclosed. Carbon-intensive sources of energy (i.e. Advantages And Disadvantages Of An Unwritten Constitution The Constitution is supreme over ordinary statute law. We have been diving deep into the major advantages and disadvantages of the unwritten constitution. Similarly, the relative ease with which unwritten rules and procedures can be changed could result in too many unnecessary changes. 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. 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? 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. Disadvantage of unwritten constitution? - Answers Copyright 2023 Bscholarly LLC. It contains rules about what power is wielded, who wields it and over whom it is wielded in the governing of a country. Accordingly, it is not wise or advantageous to have a written constitution in a unitary state. Those are some of our rights and responsibilities as Americans. Try again You can also take as many online practice tests as you want on the SHS General Arts subjects. 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. 2. The Constitution gives us rights that nobody can take away from us. 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. There are many more if you look in the U.S. Constitution. PhDessay is an educational resource where over 1,000,000 free essays are This is equally a disadvantage of an unwritten constitution. The courts can judge the actions of the legislature and the executive but cannot pass laws. Minor violations would go unnoticed because the average citizen is not aware of the various types of British laws. 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,. This means that compared to the unwritten one, the written constitution is easier to amend. 6 Types of constitutions: their advantages and disadvantages So, before I give you all the points for writing an essay on the pros and cons of an unwritten constitution, I would like us to begin with a brief definition of the unwritten constitution. The uncertainty of the provisions of an unwritten constitution is one of its major disadvantages. In addition to the points already made, an unwritten constitution is also advantageous because it does not give rise to so much litigation. My For example, many Arab countries have written constitutions that sound wonderful (human rights, elections, etc.) A historic constitution which in the years has a lot of changes and interventions from outsides powers, separations of . 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 disadvantage is that limits to state powers are not clearly expressed and this is of great concern to the knowledgeable people of British society. 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. 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. How would you contrast Amazon's business design with that of Barnes ; Noble before Barnes ; Noble went online? Let me know what you think in a brief comment below. Advantages and disadvantages of the UK constitution 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. All rights reserved, Advantages and Disadvantages of an Unwritten Constitution. An unwritten constitution is not always clear because the constitution is not contained in one single document. I really enjoy the effort put in. To learn more about his experiences as an online entrepreneur, visit his other website, Advantages of the Unwritten Constitution (and Disadvantages). The British people are extremely proud of their monarchy, their historical achievements, their progressive democracy, their freedom and dignity. What are the advantages and disadvantages of a written constitution An unwritten constitution can be easily manipulated because it is not codified. Each arm of the state keeps watch over the powers of the other. 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. This is good detailed work..? One of the disadvantages of the written constitution is that it is considered rigid. The advantages of an unwritten constitution far outweigh the disadvantages (40) You must make a judgement. The constitution is "the set of laws, rules and practices that create the basic institutions of the state". If conventions are allowed to evolve with the passage of time, the unwritten constitution can hardly become outmoded. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. 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. spam or irrelevant messages, We use cookies to give you the best experience possible. 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. The UK's unwritten constitution has distinct advantages especially with regard to promotion of democracy, accountability, transparency, and mandate. Neither is it definite. Minimizing conflict situations in both the government and society as a whole is one of the major advantages of the unwritten constitution. 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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. Constitutions of pre-colonial African states were unwritten. Everything depends on the character of the people, they say. 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. Starting with the very first amendment granting us freedom of speech. The legislature makes laws and monitors the executive. Citizens have the benefit of receiving free health care. Our unwritten constitution is old fashioned, and . 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. However, just because there is a written constitution does not ensure the rights of a countries citizens will receive their rights rather, it could lead to an elective dictatorship which might further restrict rights and may go on to persecute some of its citizens, which happened in Germany and resulted in the Second World War.
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