Your email address will not be published. Also, the smooth running of government may suffer if the unwritten rules are changed too frequently. What is the UK Constitution? - The Constitution Unit - UCL My thesis statement is, American citizenship rights and responsibilities shown in the U.S. Constitution originate from the English, It is known that people all over the world have come to the United States, to create a better life for their families and themselves. 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. Answered, Advantages And Disadvantages of Cooperative Society, Most Socialist Countries In The World 2022: Top 10, Most Isolated Countries In The World 2022: Top 10, Best Congratulation Messages to Your Friends, Family & Co-workers, Advantages And Disadvantages Of Commercialization, Best Countries To Study Abroad 2023: Top 12 Easiest, Advantages And Disadvantages Of a Limited Liability Company (LLC), Advantages And Disadvantages Of Privatization. The United States is known for having the best form of government for people to be included and have a say in their beliefs. Also, a written constitution would prevent a government from interfering with any higher laws because there would be a higher law safeguarding the constitution. One argument is that a written constitution would make the rules of the country clearer, as constitutional rules would be collected together and put into a single document and therefore more clearly defined than in an unwritten constitution where the laws, rights and rules are spread across many documents. The eighth amendment, which prevents cruel and unusual punishment, gained its popularity over the issue of death penalty. Disadvantages Of A Unwritten Constitution | ipl.org this makes it unsuitable to accommodate social, political, and economic Dynamics of the environment. Order custom essay Advantages and Disadvantages of an Unwritten Constituion There are no single document/documents, which contain it; though many sources may be found describing it. Now, if you want more high school Government tutorials like this one, there are tons of WAEC/WASSCE Government study guides at Cegast Academy. Elastic Clause. Every government provides services for their citizens. Advantages of the Unwritten Constitution - LawTeacher.net 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. 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 believed that the safest nations have very strict gun control laws. Wait a moment and try again. The reason is because the flexible nature of the constitution will allow an unnecessary alterations on the constitution. The provisions of this type of constitution usually make reference to other provisions to ensure that the actual intent of the lawmakers are understood. The very high costs involved in drafting and promulgating into law a written constitution do not come into play here. 48 Vitosha Boulevard, ground floor, 1000, Sofia, Bulgaria Bulgarian reg. Do you think unwritten constitutions are better than written ones? No doubt, this is a disadvantage of an unwritten constitution you should know too. Please confirm - Politics - English - The Free Dictionary Language Forums The fact that a written constitution is difficult to amend is both an advantage and a disadvantage at the same time. a) It gives the courts too much work in handling matters as they search for constitutional principles not only in judicial decisions but in different statutes and customs. The employs has a monthly payment and an additional commission of what they sell. Written - gives undemocratically elected judges a lot of power 4. Its flexible nature allows for compromise between organs or government in appropriate situations for the interest of the country. Leaves the state free to abuse it's . Answer Text: Disadvantages of an unwritten constitution. 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. It is expensive to operate A written constitution is expensive to operate since amendment procedures usually cost time and money. The easier it is for government officials to quickly make decisions and implement them, the more efficient government machinery becomes. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. b) Because of the nature of the unwritten constitution, it is not easy to protect the rights of people effectively as . The British people are proud and law abiding. Advantages and disadvantages of the UK constitution As a result no one, especially a corrupt politician can interfere in the work of the constitutional courts. The main disadvantage of an uncodified constitution is that it is harder to understand. What are the advantages and disadvantages of a written constitution Have you ever thought to yourself, where did the Constitution come from? Some of these rights were gained through tradition and time. An "unwritten" constitution is a problem or a miracle. 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. 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? 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. fossil fuels) are among the most used sources of energy to date. In this paper, I will be focusing on the divergence. There must be parameters established for any country to govern . We also have the responsibly to follow all the laws the government makes. An "unwritten" constitution is a problem or a miracle. 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. Thus, the possibility of people interpreting differently what a convention says about a particular procedure is very high. 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 more relevant to the aspirations of the people and can stand the test of time since it develops from their actual experiences. Last among the disadvantages of the unwritten constitution I want you to know is the hazy nature of the separation of powers in such a constitutional arrangement. The laws have been flexible to allow Muslim men to have more than one wife in British society. Advantages of Written and Unwritten Constituation - Studocu There are many more if you look in the U.S. Constitution. Advantages and Disadvantages of Written and Unwritten - Phdessay The Pros and Cons of an Unwritten Constitution in the UK | Bartleby What are the Advantages and Disadvantages of Slow Food and Fast Food? 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. By virtue a politician is accountable to the people and in a democratic country like Trinidad and Tobago if one is not satisfied by a Member of Parliament he can take action, as was the case when a Muslimeen member was disgruntled because his daughter could not attend a Catholic School with her traditional Muslim garb. Need urgent help with your paper? Advantages And Disadvantages Of Written And Unwritten Constitution A Bill of Rights place limitations on the Government and creates an area of freedom for the people. The American constitution also draws reference to God. An unwritten constitution is based on the way of life of the people. It's free to sign up and bid on jobs. Disadvantage of unwritten constitution? - Answers 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. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. You will also find out examples of countries and societies that operate the unwritten constitution. It is quite common for out of date or unworkable bits of laws to be discarded for new procedures and customs. 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. Historically the United Kingdom has not had a definition of individual rights and freedoms. Type your requirements and I'll connect A constitution is literally a rule book. Carbon-intensive sources of energy (i.e. Neurons: 22,062. Identify and discuss the advantages and disadvantages of written and unwritten types of constitutions. 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. The first major disadvantage of the unwritten constitution is that there is no single text that can be invoked and there is no definition of state powers and no limits except customs, meaning that whatever compromise is necessary between current opinion and the Government sense of virtue may come into conflict. The Revolution of the 13 Colonies of America was truly revolutionary. get custom What are the advantages and disadvantages of a written constitution 1. 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. The result is that the people feel much closer to their government and are more willing to participate in the political process. In states operating the unwritten constitution, the rules governing the conduct of government business remain largely in the minds of the people. We have the responsibility to vote in the elections. 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 an unwritten 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. The advantages of an unwritten constitution far outweigh the disadvantages (40) You must make a judgement. You can use it as an example when writing 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. A budget is basically. For example, the German Federal Constitution which states that human dignity on the basis of human rights is protected. Youre right and Im going to talk about 3 of some of the most important documents that influenced the Constitution. 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. collected. 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. 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. the foundation of the english constitution was laid in the 13th century by king john. (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. 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. Others politicians are also asked to publicly account because in those cases the media intervene to voice the grievances of the people. Take for instance, it is apparently foolhardy to have an unwritten constitution in a federal and heterogeneous state. Another disadvantage of unwritten constitutions which has been commonly cited, is the lack of clarity leading to greater difficulty in enforcing the law. This leaves ample room for officials with sinister motives to bend the customs and traditions to their will. Unwritten constitutions are easier to understand because they are in the form of unwritten customs, norms and practices. Minor violations would go unnoticed because the average citizen is not aware of the various types of British laws. The first 10 were in the Bill of rights written way back in 1791 giving us in detail 10 rights as a citizen. 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. The constitution does not fit all types of government. There is therefore a real danger of the emergence of dictatorship and abuse of human rights. With less waste of time on constitutional wrangling and more effective consensus building, the government will be better placed to carry out its mandate. 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. For instance, in a national emergency, the government can act quickly without having to satisfy the demands of complex provisions as may be found in a written constitution. A majority is needed in Parliament to attempt any kind of modification. There are advantages and disadvantages to both types of constitutions. This preamble recognizes the injustices of the past and honours those who suffered for injustices and freedom and respect for those who work to develop the country and believe that South Africa belongs to all who live in it, united in diversity. harmony in order to life, Advantages and Disadvantages of an Unwritten Constituion. Informal Advantages and disadvantages of written constitution and unwritten What are the advantages and disadvantages of an unwritten Constitution It does not allow full scope for growth and development. Advantages and Disadvantages of an Unwritten Constituion Written - prevents discussion 3. 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." 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. In this essay I will discuss the advantages and disadvantages of an unwritten constitution and show that I agree with this statement. 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. PhDessay is an educational resource where over 1,000,000 free essays are It is not so when the constitution is written because the law is always what the constitution says it is. 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. On the other hand a written constitution can be considered rigid. Thank you for supporting this project. Written constitution are mostly rigid, with cumbersome amendment procedure, which leads to the problem of how to easily amend it to make it suit changing needs and time. The constitution is protected by the legal bodies of the courts, such as the Supreme Court, the Constitutional Courts or the High Courts of the various countries. This changes also knowns as a revolution-- Revolution is forcible overthrow of a government or social order in favor of a new system. This may make the peaceful resolution of disagreements difficult. Thus, a written constitution would create less confusion and the meaning about laws and rights may be greater enforced. Someone surely had to inspire the people who wrote it? The uncertainty of its provisions does not allow easy reference and may encourage the infringing of the rights of citizens who are not enlightened enough to know what the position of the law is. ?>. Required fields are marked *. 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. 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. In fact, more than 85% of all primary energy on. 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. Then share it on your favourite social media platform for the benefit of others you care about. As founder and director at Cegast, he has successfully coached thousands of students for major international examinations. 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). 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 Government is straight jacketed, so absolute power cannot be the norm of the government. The United States constitution is stuck with old provisions that people think are a bad idea, e. . The laborious process of amendment does not have to be done simply because a minor change in political practice. One of the disadvantages of the written constitution is that it is considered rigid. Topic Overview Sample Essay on the Disadvantages of a Written Constitution The constitution of Britain is the best example of an unwritten constitution. 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. 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. This means that compared to the unwritten one, the written constitution is easier to amend. 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. What's So Great About a Written Constitution? - The Atlantic Read the truth as to whether lawyers are liars here, How to Network as a Student in College/University: 10 Networking Tips, Lawyers or Teachers, Who is More Important/Better? It is a common sight to see judges at exclusive casinos in Trinidad and Tobago. 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. Difficult to ascertain the unconstitutionality of an act, 3. The legitimacy and longevity of codified constitutions have often been tied to the process by which they were initially adopted. 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. 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. One of the key areas governments focus their attention on is public health care. These disadvantages of the unwritten constitution make most modern states choose the written one over it. Business Administration 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. The constitution of the United States had many unforeseen shortcomings which the Founding Fathers could not have envisioned over two hundred years ago. I explained this statement in my article on the advantages and disadvantages of a written constitution last week. He is also an expert digital marketer with proven skills in SEO content writing. A constitution is a body or framework of rules which constrains and checks government. 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. They are what make it more suitable for homogeneous societies with political traditions dating far back into their history. We are now going to identify the major advantages of unwritten constitutions. 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. 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. Israel, it is reported, has an unwritten constitution. 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. 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. document.getElementById("ak_js_1").setAttribute("value",(new Date()).getTime()); This site uses Akismet to reduce spam. The Constitution may be legally flexible, political factors may impede radical constitutional reform.
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