We also have the responsibly to follow all the laws the government makes. Order custom essay Advantages and Disadvantages of an Unwritten Constituion Judges can be easily corrupted in cases where they have large debts or have vices that they need money to maintain. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. The legislature makes laws and monitors the executive. Explains that the constitution of england is a classic example of an unwritten constitution. Although these three nations share the characteristics of liberal democracies, they differ greatly in multiple facets of their respective political cultures. 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. Disadvantages of unwritten constitutions. 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 may strengthen the populations feeling of belonging to the country as it creates a clearer sense of political identity. Leaves the state free to abuse it's . It is more relevant to the aspirations of the people and can stand the test of time since it develops from their actual experiences. 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. One of the disadvantages of the written constitution is that it is considered rigid. 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. This leaves a larger part of the job of interpreting the law to the discretion of the judiciary. This, therefore, constitutes one more of the advantages that an unwritten constitution has over the written one. On the other hand, one can argue, Disadvantages Of A Unwritten Constitution, An unwritten constitution is a problem or a miracle. We cannot end our discussion of the advantages of the unwritten constitution without mentioning the ease with which it can be understood. 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. The Constitution on one hand would give the people a voice and the other would control the nation through a monarchy system. Non political judges are able to police the constitution to ensure that its provisions are upheld by other public bodies. 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 Bill of Rights are clearly outlines which deals with rights to equality, human dignity, life, privacy, freedom of speech, freedom of religion and expression, labour relations, education, children and legal process. Each arm of the state keeps watch over the powers of the other. The Constitution gives us rights that nobody can take away from us. Throughout the country there were public meetings and consultation with the people. Save my name, email, and website in this browser for the next time I comment. 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? Unwritten - it is hard to define exactly what is in the constitution Students also viewed written and unwritten constitutions 17 terms akhn23 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 third disadvantage is that constitutional supremacy resides with non elected judges rather than with public accountable politicians. Let me know what you think in a brief comment below. France has a Constitutional Council which judges the constitutionality of laws before the ratification process. The Constitution is supreme over ordinary statute law. An "unwritten" constitution is a problem or a miracle. This illustrates the erosion of the United Kingdom unfettered sovereignty. 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. The last disadvantage is the question of British sovereignty. Constitutional courts are powerful instruments of judicial review with the power to declare unconstitutional a law that is deemed incompatible with the constitution. In essence, this clause offers a way for the US Congress to achieve its constitutional mandated ends(The Heritage Foundation, 2011). This clause is also often referred to as the necessary and proper or the sweeping clause. As one man might have no shoes and rags, another might have a wig, suit. Thus it tends to bind them together. 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. These advantages of the unwritten constitution are the direct opposite of the disadvantages of a written constitution. Overall, our nation experienced the majority of its change politically, and social issues, but change was still seen to a lesser extent economically. can use them for free to gain inspiration and new creative ideas for their writing Thank you! 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. The British constitution exists in every single piece of legislation ever passed in Parliament. 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. This type of constitution does not allow for a great amount of organic change over time and does not easily take into account the needs of the democratic system and the people. The very high costs involved in drafting and promulgating into law a written constitution do not come into play here. document.getElementById("ak_js_1").setAttribute("value",(new Date()).getTime()); This site uses Akismet to reduce spam. A crucial function of a constitution and a classic feature of democracy is the division of power among the three pillars of Government, i. e. the legislative, the executive and the judiciary. Thus, the possibility of people interpreting differently what a convention says about a particular procedure is very high. 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. Therefore individual rights remained dependent on the ad hoc statutory protection or upon judicial protection under common law. PhDessay is an educational resource where over 1,000,000 free essays are The fundamental rights or the right to life are outlined. Someone surely had to inspire the people who wrote it? Individual liberty is more securely protected and authorative Government is kept at bay. Business Administration
Constitutions exist as national and regional. It is not so when the constitution is written because the law is always what the constitution says it is. Which constitution is in an unwritten form? On July 4, 1776 they signed a declaration this was the Declaration of Independence declaring these colonies a new independent nation. He is also an expert digital marketer with proven skills in SEO content writing. 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. There are no limitations on the legislative body. 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. What are the advantages and disadvantages of a written constitution? I explained this statement in my article on the advantages and disadvantages of a written constitution last week. 48 Vitosha Boulevard, ground floor, 1000, Sofia, Bulgaria Bulgarian reg. Let us help you get a good grade on your paper. The problem arouses when the two men applied a relief to the courts; Connecticut accepted it and Pennsylvania didn 't. Meanwhile, before I will move to the crux of this work, i would like to define what an unwritten constitution is. What many people do not know is, what influenced the United States Constitution and the founding fathers in writing.The idea of the Constitution was brought up after the failures of Articles of Confederation. 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. This is why nations like Canada, Israel etc, stll have an unwritten constitution to today. 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. 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. (If it is a common-law nation, it also consists of common law, which is effectively another kind of tradition, and judicial precedents.) B) Identify two advantages and two disadvantages of an unwritten constitution. It shows people of different class enjoying a game together. 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. 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. Identify and discuss the advantages and disadvantages of written and unwritten types of constitutions. It gets even worse, when people dig deeper and find out the racial discrimination that went on behind the scenes. Such a change in the United Kingdom could easily be done in a matter of hours. 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 constitution of the United States had many unforeseen shortcomings which the Founding Fathers could not have envisioned over two hundred years ago. 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. 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 judiciary is unique in that it is not elected, but it is independent. Save time and let our verified experts help you. //= $post_title These disadvantages of the unwritten constitution make most modern states choose the written one over it. For example, many Arab countries have written constitutions that sound wonderful (human rights, elections, etc.) 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. During this period the English Parliament had passed several. Your email address will not be published. One disadvantage of the written constitution is that it is more rigid and may therefore be less responsive and adaptable than an unwritten one. It is good that the British constitution will always takes into account these changes. 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. 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. It entailed the unification of Europe which Hitler wanted to achieve by use of force and the military, and the ultimate destruction of America. So, what is an unwritten constitution? As already stated, where the constitution is not written, the law is usually what the judiciary says it is. Everything depends on the character of the people, they say. 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. Unwritten constitution is the result of long process and natural growth of political constitutions of the country. Further, the lack of certainty is one of the most cited disadvantages of the unwritten constitution. An uncodified constitution is unwritten, or at least not written all in one document. Since there is no single document containing all constitutional provisions, it is almost impossible to refer to such a constitution. It is not adaptable to the changing social and economic conditions. 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 He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. As a result no one, especially a corrupt politician can interfere in the work of the constitutional courts. Have you ever thought to yourself, where did the Constitution come from? 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. It is quite common for out of date or unworkable bits of laws to be discarded for new procedures and customs. I really enjoy the effort put in. 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.
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