Which constitution is in an unwritten form? b) Because of the nature of the unwritten constitution, it is not easy to protect the rights of people effectively as . I really enjoy the effort put in. Additional materials, such as the best quotations, synonyms and word definitions to make your writing easier are also offered here. In most countries the constitution is the ultimate source of legal . 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. Another disadvantage of an unwritten constitution is that it may be more susceptible to abuse and manipulation by those in power. I, 8). Answer Text: Disadvantages of an unwritten constitution. 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. Overall, our nation experienced the majority of its change politically, and social issues, but change was still seen to a lesser extent economically. Based on this, I think it is clear that unwritten constitution has its own advantages (merits) and disadvantages (demerits). This post may contain affiliate links. Although these three nations share the characteristics of liberal democracies, they differ greatly in multiple facets of their respective political cultures. 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. 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. 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. 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. There are always litigation arising from violation of one rights or the other. The Advantages and Disadvantages of an Unwritten Constitution in the Uk Constitutions - written and unwritten Flashcards | Quizlet Disadvantages of unwritten constitutions. B) Identify two advantages and two disadvantages of an unwritten constitution. The constitution is "the set of laws, rules and practices that create the basic institutions of the state". It states many different things in it. A Bill of Rights place limitations on the Government and creates an area of freedom for the people. The courts can judge the actions of the legislature and the executive but cannot pass laws. Carbon-intensive sources of energy (i.e. It is quite common for out of date or unworkable bits of laws to be discarded for new procedures and customs. assignments. We can see here that government is capable to enact laws, using the power of the Crown with the Parliament of course, which no other body can challenge, and the judiciary based in these statutes and laws can make also the precedents or else common. There are many more if you look in the U.S. Constitution. The requirement for lengthy and complicated procedures to precede the amendment of a written constitution does not arise here. Further, the lack of certainty is one of the most cited disadvantages of the unwritten constitution. We also have the responsibly to follow all the laws the government makes. Since the British constitution is the product of evolution of laws and conventions over centuries which include written source and e. g. constitutional statutes enacted by Parliament (House of Communities Act 1972, Human Rights Act 1998), and also unwritten sources such as constitutional conventions, observation of precedents, royal prerogatives, customs and traditions , such as always holding a General Election on Thursdays. This is because, an unwritten constitution may not work properly in a federation. Clearly, it is the reason why most heterogeneous societies prefer a written constitution with a federal form of government. 2. Rigidity: A written constitution is rigid and inelastic. Currently, it is practiced in most of the homogeneous states in the world to foster unity and economic development. He is also an expert digital marketer with proven skills in SEO content writing. 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 See below the major disadvantages of a written constitution. 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. The UK's unwritten constitution has distinct advantages especially with regard to promotion of democracy, accountability, transparency, and mandate. The above are the key advantages of the unwritten constitution over the written one. document.getElementById("ak_js_1").setAttribute("value",(new Date()).getTime()); This site uses Akismet to reduce spam. The disadvantage is that very few people k. 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. Unwritten - it is hard to define exactly what is in the constitution Students also viewed written and unwritten constitutions 17 terms akhn23 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. Others politicians are also asked to publicly account because in those cases the media intervene to voice the grievances of the people. We have been diving deep into the major advantages and disadvantages of the unwritten constitution. Type your requirements and I'll connect Those are some of our rights and responsibilities as Americans. 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 Revolution had an effect on the classes of people. Higher laws are more difficult to change than the statute law. It sets up major governing institutions, assigns institutions their given power, and places explicit and implicit control on power that given to them. Compared to a written constitution, the unwritten constitution is unable to adequately cater for the special needs of minority groups. ?>, 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. cookie policy. Disadvantages of the UK adopting a written constitution There are also many argument against the UK adopting a written constitution. 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. Unwritten constitution is the result of long process and natural growth of political constitutions of the country. 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. This is one of the major feature of an unwritten constitution and it may not be suitable for a federal system of government. Historically the United Kingdom has not had a definition of individual rights and freedoms. A Written Constitution: A Case Not Made - OUP Academic In the absence of education and enlightenment of the people, an unwritten constitution does not allow individuals to know their rights and duties or the obligations which the government owe them. This comes at no extra cost to you. The laborious process of amendment does not have to be done simply because a minor change in political practice. The Parliament could easily fox a written constitution to serve itself and executive members without the public ever being aware of this. The Constitution is supreme over ordinary statute law. For example, it is an unwritten rule in Britain that the leader of the party with majority seats in parliament be appointed Prime Minister. However judges are not accountable to anyone for their actions, whether they are right or dead wrong. Long-held traditions are a part and parcel of the peoples culture. Please confirm - Politics - English - The Free Dictionary Language Forums collected. By continuing well assume youre on board with our cookie policy, Dont waste Your Time Searching For a Sample, Essay On Nuclear Energy And Advantages And Disadvantages, Advantages And Disadvantages Of Science And Technology, The Advantages and Disadvantages of Using an External and Internal Evaluator in an Evaluation, The Responsibilities and Techniques, Advantages and Disadvantages of the Language Teacher, The Advantages and Disadvantages of Governments Providing Free Health Care, Advantages And Disadvantages Of The Impacts Of Tourism Tourism Essay, Advantages And Disadvantages Of Work Life Balance Social Work Essay, What are Advantages and Disadvantages of Doing Business on the Internet, Advantages and Disadvantages of Direct Selling, The Advantages and Disadvantages of One Mass Media, ASK writer for An example is the British constitution. 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. Difficult to change. 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. The next disadvantage is that delete and insert can be done on the constitution if by chance one day a written one is implemented. 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. It is good that the British constitution will always takes into account these changes. Written - prevents discussion 3. 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. In addition to the points already made, an unwritten constitution is also advantageous because it does not give rise to so much litigation. On the other hand, one can argue, Disadvantages Of A Unwritten Constitution, An unwritten constitution is a problem or a miracle. It can be used for implementing programmes that will improve the living standards of the citizenry. Constitutions of pre-colonial African states were unwritten. 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 Constitution may be legally flexible, political factors may impede radical constitutional reform. 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. Cost analysis is one of the. 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. A Written Constitution: Written And Unwritten Constitution Introduction Your email address will not be published. Disadvantages Of A Written Constitution A written constitution is always difficult to amend. Disadvantage of unwritten constitution? - Answers In this essay, the author This, therefore, constitutes one more of the advantages that an unwritten constitution has over the written one. The provisions of this type of constitution usually make reference to other provisions to ensure that the actual intent of the lawmakers are understood. In this article, i will comprehensively discuss the advantages and disadvantages of an unwritten constitution. The judiciary is unique in that it is not elected, but it is independent. Because Johanna is a well known brand and have a huge market share sales representatives can. Division of power in this way ensures checks and balances within the system in a country. Advantages and Disadvantages of a Written Constitution There are arguments as to whether an unwritten constitution is the best type of constitution or not. A constitution is a body or framework of rules which constrains and checks government. Like i said before, an unwritten constitution is not free from flaws. It shows people of different class enjoying a game together. Also, a written constitution would prevent a government from interfering with any higher laws because there would be a higher law safeguarding the constitution. This changes also knowns as a revolution-- Revolution is forcible overthrow of a government or social order in favor of a new system. 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. This will help you to understand why some countries have a written constitution and others have an unwritten constitution. 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. 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. It is to a large extent written on the heart of the people and is based on the principles of justice, fairness and equality. Advantages And Disadvantages Of An Unwritten Constitution help. Most British people would struggle to put their hands on what their rights are or in which text they can locate these literature. No doubt, this is a disadvantage of an unwritten constitution you should know too. For example, many Arab countries have written constitutions that sound wonderful (human rights, elections, etc.) 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. Thus, the possibility of people interpreting differently what a convention says about a particular procedure is very high. It does not allow full scope for growth and development. Consensus building is necessary prior to the amendment of a written constitution. Advantages of Written and Unwritten Constituation - Studocu Examples of countries where this type of constitution is used are: Israel, Canada, Saudi Arabia, New Zealand etc. Every government provides services for their citizens. What are the advantages and disadvantages of an unwritten Constitution 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. Another disadvantage of unwritten constitutions which has been commonly cited, is the lack of clarity leading to greater difficulty in enforcing the law. Minimizing conflict situations in both the government and society as a whole is one of the major advantages of the unwritten constitution. 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. 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. Copyright 2023 IPL.org All rights reserved. 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. Meanwhile, before I will move to the crux of this work, i would like to define what an unwritten constitution is. 1. The constitution does not fit all types of government. (2018, Dec 17). 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. Simply put, an unwritten constitution is a type of constitution that is not contained or documented in a single document. 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. Many changes in the constitution were made to please the people who once had suffered tyrannies. It is expensive to operate A written constitution is expensive to operate since amendment procedures usually cost time and money. The responsibility of the court is to protect constitutionally established rights and freedom. So, what is an unwritten constitution? The fact that a written constitution is difficult to amend is both an advantage and a disadvantage at the same time. In document three, it is shown that different classes of people still interact. The law is usually based on what is interpreted by the judiciary in previous decisions. This will understand the content of this article in depth. In the past in Trinidad and Tobago judges took bribes in the form of money, land, houses, and luxurious estates in order to drop charges, throw out a case or find some legal technicality or loophole to dismiss a case. The legislature can make laws but cannot hand down judgments or take executive action. The Government was not able to get this majority, so they are stuck within the confines of their old constitution. The United Kingdom has so far been a peaceful and stable country, whereas countries like China, Russia, North Korea, Vietnam and Myanmar all have written constitutions, but basic human rights are not enjoyed by a number of citizens of those countries. 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. This may strengthen the populations feeling of belonging to the country as it creates a clearer sense of political identity. The Advantages and Disadvantages of an Unwritten | Studymode the right to bear arms and the right to a jury trial in federal cases involving more than twenty dollars. In this senior high school Government tutorial, we shall first discuss the advantages of the unwritten constitution. Scholars get custom 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. Citizens have the benefit of receiving free health care. These had to be patched through amendments, but have been honoured by Governments, and no dictatorship has been able to take hold of it. Constitution: Definition, Sources,Types, Advantages And Disadvantages Advantages of a Written Constitution (and Disadvantages) 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. Unwritten constitution does not give rise to much litigation, Disadvantages of an unwritten constitution, 2. What are the advantages and disadvantages of a written constitution? In fact, more than 85% of all primary energy on. What are the advantages and disadvantages of a written constitution 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. your own essay or use it as a source, but you need Easy and quick decision making in time of urgency, 3. There must be parameters established for any country to govern . fossil fuels) are among the most used sources of energy to date. database? 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. 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. This leaves a larger part of the job of interpreting the law to the discretion of the judiciary. It is more relevant to the aspirations of the people and can stand the test of time since it develops from their actual experiences. 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.
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