what are the disadvantages of unwritten constitution

ALSO READ: Check here to see the admission and disadvantages of a written constitution. The very high costs involved in drafting and promulgating into law a written constitution do not come into play here. Unwritten constitution does not give rise to much litigation, Disadvantages of an unwritten constitution, 2. Explains that the constitution of england is a classic example of an unwritten constitution. This, therefore, constitutes one more of the advantages that an unwritten constitution has over the written one. Easy and quick decision making in time of urgency, 3. It is usually unclear and uncertain 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. 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 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. 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. Examples are: Britain. For example, many Arab countries have written constitutions that sound wonderful (human rights, elections, etc.) 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 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. Some of the major disadvantages of a written constitution include: Cast in stone. One disadvantage of the written constitution is that it is more rigid and may therefore be less responsive and adaptable than an unwritten one. In all other countries at the time, including Britain, political power is instituted by blood. An example is the British 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. 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. Every government provides services for their citizens. Again, the relative ease of compromise and consensus building associated with the unwritten constitution allows it to avoid the frequent tensions in governments that operate under a written constitution. The Government was not able to get this majority, so they are stuck within the confines of their old constitution. 1. 2. Similarly, the relative ease with which unwritten rules and procedures can be changed could result in too many unnecessary changes. From a customer's prospective, what are the advantages and. France has a Constitutional Council which judges the constitutionality of laws before the ratification process. Ok, let me say Im extremely satisfy with the result while it was a last minute thing. Another disadvantage of unwritten constitutions which has been commonly cited, is the lack of clarity leading to greater difficulty in enforcing the law. 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. 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. political figures and ordinary people who believe that Britain should have one. An advantage of the UK constitution is that it takes into account of changing views. The reason is because the flexible nature of the constitution will allow an unnecessary alterations on the constitution. Take for instance, it is apparently foolhardy to have an unwritten constitution in a federal and heterogeneous state. Another disadvantage of a written constitution is that there may be tyranny within the judiciary. 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. Last year the St. Vincent Government attempted constitutional reform, but needed a majority of seventy five percent of the voters in a referendum. These advantages of the unwritten constitution are the direct opposite of the disadvantages of a written 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. 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. ?>. Since there is no single document containing all constitutional provisions, it is almost impossible to refer to such a constitution. In the late 1770s the Thirteen Colonies of Britain wanted to separate and form their own nation. Let us help you get a good grade on your paper. For example, it is an unwritten rule in Britain that the leader of the party with majority seats in parliament be appointed Prime Minister. It grows over a long time from the way of life of the people. 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. There are arguments as to whether an unwritten constitution is the best type of constitution or not. Many changes in the constitution were made to please the people who once had suffered tyrannies. 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. Encourages the evolution of the constitution. Before beginning to comment on the usefulness of corporate budget, it is important to know what is the meaning and purpose of budget for a corporation. The fundamental rights or the right to life are outlined. The American constitution also draws reference to God. Many people say that it does not matter whether a constitution is written or unwritten. This may strengthen the populations feeling of belonging to the country as it creates a clearer sense of political identity. 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. Well known British politicians over the years have commented publicly on this issue of Britain slowly losing its sovereignty. This is one of the major feature of an unwritten constitution and it may not be suitable for a federal system of government. Topic Overview (U.S Const., art. Without a clear and established set of rules, this can make it more difficult to ascertain what is legal and what is not. 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 advantages of an unwritten constitution far outweigh the disadvantages (40) You must make a judgement. 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. can use them for free to gain inspiration and new creative ideas for their writing fossil fuels) are among the most used sources of energy to date. Constitutions exist as national and regional. Essay. With 27 amendments now (the most recent added in 1992) we have a lot of rights as Americans. The United States is known for having the best form of government for people to be included and have a say in their beliefs. The constitution is the set of laws, rules and practices that create the basic institutions of the state. Because Johanna is a well known brand and have a huge market share sales representatives can. It contains rules about what power is wielded, who wields it and over whom it is wielded in the governing of a country. Each arm of the state keeps watch over the powers of the other. you Therefore individual rights remained dependent on the ad hoc statutory protection or upon judicial protection under common law. 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 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. You can use it as an example when writing database? 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 main disadvantage of an uncodified constitution is that it is harder to understand. Judges had to drop charges against any member of this Cartel if they ever went to court because the Cartel Bosses threaten the judges with violence and death. One has to question the diplomatic motives behind the driving force of the European Union and its acceptance of Britain into the Union, so Britain should seriously think about it sovereign erosion. This information has been declassified within recent years. (2017, Apr 13). Hope this article was helpful? Because the rules are not clearly stated and are subject to interpretation, those in power may be able to use their influence to shape the rules in their favor. Higher laws are more difficult to change than the statute law. The requirement for lengthy and complicated procedures to precede the amendment of a written constitution does not arise here. Save my name, email, and website in this browser for the next time I comment. Thus, many people dont bring actions in court because they cannot predict the outcome of the courts decision which is not based on a written law. There are no single document/documents, which contain it; though many sources may be found describing it. So, what is an unwritten constitution? The British people are proud and law abiding. It is flexible and adaptable to different customs, and since the British population is more diverse now than ever with immigrants from all different societies, cultures and races, this is important. In democratic countries, General Elections are held ever so often so that the people can decide who forms the next 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. 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. 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. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. . your own essay or use it as a source, but you need . These disadvantages of the unwritten constitution make most modern states choose the written one over it. On July 4, 1776 they signed a declaration this was the Declaration of Independence declaring these colonies a new independent nation. Let me know what you think in a brief comment below. Scholars 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. After gaining their independence from Great Britain, the Americans colonies were struggling in establish a new stable nation. In this article, i will comprehensively discuss the advantages and disadvantages of an unwritten constitution. 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. Flexible and responsive to changing circumstances. An "unwritten" constitution is a problem or a miracle. They are what make it more suitable for homogeneous societies with political traditions dating far back into their history. 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. harmony in order to life, Advantages and Disadvantages of an Unwritten Constituion. Also, easier amendment procedures associated with the unwritten constitution mean a lesser waste of money, time and other resources. Such a change in the United Kingdom could easily be done in a matter of hours. This is another key advantage of a written constitution you should know. Historically the United Kingdom has not had a definition of individual rights and freedoms. Minimizing conflict situations in both the government and society as a whole is one of the major advantages of the unwritten constitution. As one man might have no shoes and rags, another might have a wig, suit. This can further increase the likelihood of disagreements and conflicts. 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. 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 has its own disadvantages and that is what we will be looking at below. Another disadvantage of an unwritten constitution is that it may be more susceptible to abuse and manipulation by those in power. Under such circumstances, the unwritten constitution stands the danger of losing its credibility and power. A constitution is a body or framework of rules which constrains and checks government. The law is usually based on what is interpreted by the judiciary in previous decisions. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. 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. ?>, 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. Written - cannot be changed easily to fit with contemporary values and ideas 2. Elastic Clause. 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. Retrieved from https://phdessay.com/advantages-and-disadvantages-of-an-unwritten-constituion/, Hire skilled expert and get original paper in 3+ hours, Run a free check or have your essay done for you, Didn`t find the right sample? 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! We have been diving deep into the major advantages and disadvantages of the unwritten constitution. The UK's unwritten constitution has distinct advantages especially with regard to promotion of democracy, accountability, transparency, and mandate. In this paper, I will be focusing on the divergence. It is a common sight to see judges at exclusive casinos in Trinidad and Tobago. 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. Disadvantages of unwritten constitutions. Advantages and Disadvantages of an Unwritten Constituion Essay. 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. (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. Search for jobs related to Advantages and disadvantages of written constitution and unwritten constitution or hire on the world's largest freelancing marketplace with 22m+ jobs. 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. Althou. This is actually one of the biggest disadvantages of having an unwritten constitution in a state. This will understand the content of this article in depth. Pages 14, Advantages and Disadvantages of Written and Unwritten Constitutions, Ask a professional expert to help you with your text, Give us your email and we'll send you the essay you need, By clicking Send Me The Sample you agree to the terms and conditions of our service. However judges are not accountable to anyone for their actions, whether they are right or dead wrong. There is no single document to refer to when one is in doubt. The British constitution exists in every single piece of legislation ever passed in Parliament. Any constitutional violation by the executive, such as a politician who abuses the power of his established office can be held accountable in court. Advantages of unwritten constitutions. Simply put, an unwritten constitution is a type of constitution that is not contained or documented in a single document. 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. It's free to sign up and bid on jobs. Additional materials, such as the best quotations, synonyms and word definitions to make your writing easier are also offered here. help. An unwritten constitution allows easy and quick decisions to meet exigencies of the government and national life. The Government is straight jacketed, so absolute power cannot be the norm of the government. 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. (If it is a common-law nation, it also consists of common law, which is effectively another kind of tradition, and judicial precedents.) An unwritten constitution is less expensive to operate because ordinary acts of parliament rather than expensive special procedures are enough to amend it. Disadvantages of unwritten constitutions. This is good detailed work..? the right to bear arms and the right to a jury trial in federal cases involving more than twenty dollars. 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. Non political judges are able to police the constitution to ensure that its provisions are upheld by other public bodies. As you many know, a good constitution is supposed to be clear, unambiguous and certain. It is quite common for out of date or unworkable bits of laws to be discarded for new procedures and customs. Prone to Revolution: A country with a written constitution is liable to face political upheavals because of the rigidity of its constitutional framework. 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. By continuing well assume youre on board with our Your email address will not be published. Now, if you want more high school Government tutorials like this one, there are tons of WAEC/WASSCE Government study guides at Cegast Academy. Its unwritten nature makes it uneasy to quickly ascertain the unconstitutionality of an act. Essay, Copyright 2023 Bscholarly LLC. Examples of countries where this type of constitution is used are: Israel, Canada, Saudi Arabia, New Zealand etc. 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. 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 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. 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. Secondly, an unwritten constitution allows for quick decision-making. An unwritten constitution can be easily manipulated because it is not codified. 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 Parliament has unlimited law-making powers and there is no clear separation of powers among the three arms of the Government. One disadvantage of the written constitution is that it is more rigid and may therefore be less responsive and adaptable than an unwritten one. This changes also knowns as a revolution-- Revolution is forcible overthrow of a government or social order in favor of a new system. We also have the responsibly to follow all the laws the government makes. The constitution of the United States had many unforeseen shortcomings which the Founding Fathers could not have envisioned over two hundred years ago. 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. 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. Altogether these constitute the British constitutional Law. It is not so when the constitution is written because the law is always what the constitution says it is. Wait a moment and try again. 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. What are the advantages and disadvantages of a unwritten Constitution? Asante sana, It was indeed very helpful for my daughter, Your email address will not be published. Unwritten - it is hard to define exactly what is in the constitution Students also viewed written and unwritten constitutions 17 terms akhn23 The Revolution of the 13 Colonies of America was truly revolutionary. This will be followed by criticisms against unwritten constitutions. The third disadvantage is that constitutional supremacy resides with non elected judges rather than with public accountable politicians. Here comes a typical WAEC/WASSCE past question on the advantages and disadvantages of the unwritten constitution. 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. The people were given a forum to express their desire or disgust for the proposed constitutional document. Which constitution is in an unwritten form? It is now time to dive into the shortcomings of the unwritten constitution. 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. A constitution is literally a rule book. In a federal system, a person can compare political, social, and economic systems in different states and relocate to one they find more suitable. An unwritten constitution is not always clear because the constitution is not contained in one single document.
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