In document three, it is shown that different classes of people still interact. 6 Types of constitutions: their advantages and disadvantages Your results will come up instantly. Answer (1 of 4): In a nation with an unwritten constitution, the constitution consists of tradition plus statute law. 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. The main disadvantage of an uncodified constitution is that it is harder to understand. 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. 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. Note, again, that it is these demerits of the unwritten constitution that make some modern constitutional monarchies adopt a written constitution instead. Based on this, I think it is clear that unwritten constitution has its own advantages (merits) and disadvantages (demerits). 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. My Accordingly, it is not wise or advantageous to have a written constitution in a unitary state. It's free to sign up and bid on jobs. with free plagiarism report. 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. b) Because of the nature of the unwritten constitution, it is not easy to protect the rights of people effectively as . Which constitution is in an unwritten form? Ralph teaches English for Academic Purposes (EAP) online. In the late 1770s the Thirteen Colonies of Britain wanted to separate and form their own nation. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. 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. Higher laws are more difficult to change than the statute law. A Written Constitution: A Case Not Made - OUP Academic An uncodified constitution is unwritten, or at least not written all in one document. It is not adaptable to the changing social and economic conditions. Hence, one must consider the advantages and disadvantages of a written constitution to establish a judgement on whether the introduction of a written constitution in Britain is a beneficial concept to acquire. France has a Constitutional Council which judges the constitutionality of laws before the ratification process. The legislature makes laws and monitors the executive. Get expert help in mere 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. Lord Actions assumption was, power corrupts: absolute power corrupts absolutely. DISCLOSURE. An "unwritten" constitution is a problem or a miracle. 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. (2017, Apr 13). From a customer's prospective, what are the advantages and. A constitution is a body or framework of rules which constrains and checks government. 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. Copyright 2023 IPL.org All rights reserved. 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. Smith v Selwyn: Facts issues and decision of the court, 21 Leading cases in the law of contract you should know, How to apply for law internship in any Law Firm, 2. Within the last couple of years the Peoples National Movement under the Prime Minister Patrick Manning, of Trinidad and Tobago attempted constitutional reform, but they did not have a majority in Parliament so they went about it in a different way. The Parliament could easily fox a written constitution to serve itself and executive members without the public ever being aware of this. Required fields are marked *. The Constitution is supreme over ordinary statute law. Your email address will not be published. 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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. This leaves a larger part of the job of interpreting the law to the discretion of the judiciary. However judges are not accountable to anyone for their actions, whether they are right or dead wrong. 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 constitution of Britain is the best example of an unwritten constitution. Advantages and Disadvantages of an Unwritten Constituion 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. Apparently, these arguments are correct but i would like to settle with the point that, the best type of constitution depends, so much, on the political nature of the state or country in which it is practiced. Advantages and Disadvantages of Written and Unwritten Constitutions it lays emphasis on the rule of law and protects the fundamental rights of the individual. 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. 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 responsibility of the court is to protect constitutionally established rights and freedom. The problem arouses when the two men applied a relief to the courts; Connecticut accepted it and Pennsylvania didn 't. 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. Someone surely had to inspire the people who wrote it? can use them for free to gain inspiration and new creative ideas for their writing Another disadvantage of unwritten constitutions which has been commonly cited, is the lack of clarity leading to greater difficulty in enforcing the law. Written - prevents discussion 3. 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. They are what make it more suitable for homogeneous societies with political traditions dating far back into their history. 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. I will earn a commission if you follow a link to purchase a product. It is expensive to operate A written constitution is expensive to operate since amendment procedures usually cost time and money. Unwritten constitution is the result of long process and natural growth of political constitutions of the country. What are the advantages and disadvantages of an unwritten Constitution 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. 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. The first 10 were in the Bill of rights written way back in 1791 giving us in detail 10 rights as a citizen. What is the UK Constitution? - The Constitution Unit - UCL The system allows economic, social, and political . I will try as much as possible to clear your doubts and help you understand the topic better. The Constitution may be legally flexible, political factors may impede radical constitutional reform. 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. Also, easier amendment procedures associated with the unwritten constitution mean a lesser waste of money, time and other resources. Although these three nations share the characteristics of liberal democracies, they differ greatly in multiple facets of their respective political cultures. Britain is one of the few countries that has an unwritten constitution. This information has been declassified within recent years. One reason for this is that unwritten constitutions generally develop from the common social and political experiences of the people. 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. It is misleading to call the British constitution unwritten; a more precise form of . A Written Constitution: Written And Unwritten Constitution A lot of change was brought about for the everyday lives of all kinds of the people. An unwritten constitution allows easy and quick decisions to meet exigencies of the government and national life. Examples of countries where this type of constitution is used are: Israel, Canada, Saudi Arabia, New Zealand etc. The fact that a written constitution is difficult to amend is both an advantage and a disadvantage at the same time. In essence, this clause offers a way for the US Congress to achieve its constitutional mandated ends(The Heritage Foundation, 2011). Essay. the right to bear arms and the right to a jury trial in federal cases involving more than twenty dollars. As already stated, where the constitution is not written, the law is usually what the judiciary says it is. Moreover, its all private and confidential. Examples are: Britain. The eighth amendment, which prevents cruel and unusual punishment, gained its popularity over the issue of death penalty. In states operating the unwritten constitution, the rules governing the conduct of government business remain largely in the minds of the people. 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. 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. In the UK there has been no constitutional crisis or major confusion over what rights citizens have but it remains stable and a part of the countys history. Currently, it is practiced in most of the homogeneous states in the world to foster unity and economic development. This will understand the content of this article in depth. The Government is straight jacketed, so absolute power cannot be the norm of the government. First and foremost is Magna Carta (1215), the 'Great Charter of the Liberties of England'. 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. 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. Youre right and Im going to talk about 3 of some of the most important documents that influenced the Constitution. Explains that the constitution of england is a classic example of an unwritten constitution. This is because, an unwritten constitution may not work properly in a federation. There must be parameters established for any country to govern . The people were given a forum to express their desire or disgust for the proposed constitutional document. 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. 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. collected. Disadvantages Of Unwritten Constitution - 1623 Words | 123 Help Me 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. Advantages and Disadvantages of Written and Unwritten - Phdessay It may encourage the rise of dictatorship through manipulation and exploitation of its imprecise or unwritten provisions. 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. Most British people would struggle to put their hands on what their rights are or in which text they can locate these literature. Below are some of the merits of an unwritten constitution: This is evidently one of the known advantages of an unwritten 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. This is good detailed work..? fossil fuels) are among the most used sources of energy to date. It shows people of different class enjoying a game together. While the advantages of an unwritten constitution make it look more desirable than the written one, there are equally many weaknesses of unwritten constitutions. An unwritten constitution is less expensive to operate because ordinary acts of parliament rather than expensive special procedures are enough to amend it. Business Administration Take for instance, it is apparently foolhardy to have an unwritten constitution in a federal and heterogeneous state. Advantages and disadvantages of unwritten constitution. The Pros and 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 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. Advantages and disadvantages or written/unwritten - Quizlet States that have codified constitutions normally give the constitution supremacy over ordinary statute law. 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. Try again Unlike a written constitution, an unwritten constitution is flexible and easy to amend. In this essay I will discuss the advantages and disadvantages of an unwritten constitution and show that I agree with this statement. Unwritten constitutions are easier to understand because they are in the form of unwritten customs, norms and practices. Two types of national constitutions that exist are the written (codified) constitution and the unwritten (uncodified) constitution. 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? 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. Neurons: 22,062. It entailed the unification of Europe which Hitler wanted to achieve by use of force and the military, and the ultimate destruction of America. 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. Simply put, an unwritten constitution is a type of constitution that is not contained or documented in a single document. A written constitution may also have an educational value as it highlights the central values and goals in the political system. The courts can judge the actions of the legislature and the executive but cannot pass laws. 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. An uncodified constitution is a type of constitution where the fundamental rules often take the form of customs, usage, precedent and a variety of statutes and legal instruments. One of the disadvantages of an unwritten constitution is it allows for flexibility in interpreting what is and is not lawful. The Pros and Cons of an 'Unwritten' Constitution You can use it as an example when writing 1. On the other hand, one can argue, Disadvantages Of A Unwritten Constitution, An unwritten constitution is a problem or a miracle. Your email address will not be published. In all other countries at the time, including Britain, political power is instituted by blood. number: 206095338, E-mail us: But the meeting eventually ended up in creating the United States Constitution. Like i said before, an unwritten constitution is not free from flaws. Constitutional courts are powerful instruments of judicial review with the power to declare unconstitutional a law that is deemed incompatible with the constitution. Under such circumstances, the unwritten constitution stands the danger of losing its credibility and power. The Constitution gives us rights that nobody can take away from us. Uncodified constitution - Wikipedia Written - gives undemocratically elected judges a lot of power 4. 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. A historic constitution which in the years has a lot of changes and interventions from outsides powers, separations of . Additional materials, such as the best quotations, synonyms and word definitions to make your writing easier are also offered here. The above are the key advantages of the unwritten constitution over the written one. Further, the lack of certainty is one of the most cited disadvantages of the unwritten constitution. 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. Every government provides services for their citizens. Sample Essay on the Disadvantages of a Written Constitution I. 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. The disadvantage is that very few people k. In addition to the points already made, an unwritten constitution is also advantageous because it does not give rise to so much litigation. Here come the advantages of the unwritten constitution. There are many more if you look in the U.S. Constitution. Encourages the evolution of the constitution. As you many know, a good constitution is supposed to be clear, unambiguous and certain. The executive makes policy, proposes laws and implements laws passed by the legislatures and the judiciary tries cases and administer justice. The legislature can make laws but cannot hand down judgments or take executive action. The fundamental rights or the right to life are outlined. This may strengthen the populations feeling of belonging to the country as it creates a clearer sense of political identity. 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 money which would have otherwise been spent on writing a constitution is saved. The reason is because the flexible nature of the constitution will allow an unnecessary alterations on the 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. In addition, this system recognizes a citizen's right to exit a state. Advantages of the Unwritten Constitution (and Disadvantages) Historically the United Kingdom has not had a definition of individual rights and freedoms. Thank you! The employs has a monthly payment and an additional commission of what they sell. This will help you to understand why some countries have a written constitution and others have an unwritten constitution. 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. Many experts view written constitutions as rigid documents which are deeply entrenched in the governing system of a country. Do you think unwritten constitutions are better than written ones? Established in 1787 The Constitution was a controversial document because it was a document that could both solve the nation's hardships and warped the Republican foundation. Consensus building is necessary prior to the amendment of a written constitution. What are the advantages and disadvantages of a unwritten Constitution? It sets up major governing institutions, assigns institutions their given power, and places explicit and implicit control on power that given to them. 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. Unwritten constitutions are the product of an evolution of laws and conventions over centuries. 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. Thus, the possibility of people interpreting differently what a convention says about a particular procedure is very high. Meanwhile, before I will move to the crux of this work, i would like to define what an unwritten constitution is. Essay, Flexible and responsive to changing circumstances. Last year the St. Vincent Government attempted constitutional reform, but needed a majority of seventy five percent of the voters in a referendum. In response to the public 's outrage, Governor Wolf hastily granted reprieves "from all planned executions." 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.