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. 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. The Constitution is supreme over ordinary statute law. With less waste of time on constitutional wrangling and more effective consensus building, the government will be better placed to carry out its mandate. Accordingly, it is not wise or advantageous to have a written constitution in a unitary state. Individual liberty is more securely protected and authorative Government is kept at bay. The draft proposed constitution was printed and widely distributed to citizens of the country so that their views were shared. Easy and quick decision making in time of urgency, 3. A constitution is literally a rule book. The written documents of our unwritten constitution. Notify me of follow-up comments by email. According to the article, two states, Connecticut and Pennsylvania both assigned a death penalty to two men who committed equally serious crimes. The laws have been flexible to allow Muslim men to have more than one wife in British society. In essence, this clause offers a way for the US Congress to achieve its constitutional mandated ends(The Heritage Foundation, 2011). For example, it is an unwritten rule in Britain that the leader of the party with majority seats in parliament be appointed Prime Minister. Required fields are marked *. The constitution of the United States had many unforeseen shortcomings which the Founding Fathers could not have envisioned over two hundred years ago. The employs has a monthly payment and an additional commission of what they sell. One of their hobbies is gambling, and it is well known that most gamblers are always in debt because the mathematical probability of all gambling games is designed for the players to lose most of the time. There are no single document/documents, which contain it; though many sources may be found describing it. This can further increase the likelihood of disagreements and conflicts. 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 will understand the content of this article in depth. 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. 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. Democratic: participative, they encourage employees to be a part of decision making, keeps people informed, they have the final say but gathers information before making a decision Advantages: high quality,. support@phdessay.com. PhDessay is an educational resource where over 1,000,000 free essays are 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. Thus it tends to bind them together. What are the advantages and disadvantages of a written constitution? Written - cannot be changed easily to fit with contemporary values and ideas 2. In democratic countries, General Elections are held ever so often so that the people can decide who forms the next Government. The process by which a country adopts a constitution is closely tied to the historical and political context driving these fundamental changes. Overall, our nation experienced the majority of its change politically, and social issues, but change was still seen to a lesser extent economically. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. 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. There are arguments as to whether an unwritten constitution is the best type of constitution or not. The disadvantage is that very few people k. 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. One of the controversies that arose from the creation of the Constitution was the question of management of commerce. Ralph teaches English for Academic Purposes (EAP) online. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. 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. This leaves a larger part of the job of interpreting the law to the discretion of the judiciary. 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 is the result of long process and natural growth of political constitutions of the country. Moreover, its all private and confidential. On the other hand, one can argue, Disadvantages Of A Unwritten Constitution, An unwritten constitution is a problem or a miracle. 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. Written - gives undemocratically elected judges a lot of power 4. So, what is an unwritten constitution? 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. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. What are the advantages and disadvantages of an unwritten constitution? You can use it as an example when writing Need urgent help with your paper? Higher laws are more difficult to change than the statute law. Disadvantages of an unwritten constitution Below are some of the demerits of an unwritten constitution: 1. An "unwritten" constitution is a problem or a miracle. But the meeting eventually ended up in creating the United States Constitution. The UK has an unwritten constitution unlike the U. S. A. This will be followed by criticisms against unwritten constitutions. The legitimacy and longevity of codified constitutions have often been tied to the process by which they were initially adopted. It gets even worse, when people dig deeper and find out the racial discrimination that went on behind the scenes. Identify and discuss the advantages and disadvantages of written and unwritten types of constitutions. 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. A constitution can be in the form of a codified single written document, as it is in many countries across the world, or it can be made up of many different documents and therefore is classed as unwritten. 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. Explore how the human body functions as one unit in Also, the smooth running of government may suffer if the unwritten rules are changed too frequently. The executive makes policy, proposes laws and implements laws passed by the legislatures and the judiciary tries cases and administer justice. 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. The Government was not able to get this majority, so they are stuck within the confines of their old constitution. 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. They are what make it more suitable for homogeneous societies with political traditions dating far back into their history. Based on this, I think it is clear that unwritten constitution has its own advantages (merits) and disadvantages (demerits). 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. Well known British politicians over the years have commented publicly on this issue of Britain slowly losing its sovereignty. The constitution is "the set of laws, rules and practices that create the basic institutions of the state". 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. Unwritten constitution does not give rise to much litigation, Disadvantages of an unwritten constitution, 2. We have the responsibility to vote in the elections. Wait a moment and try again. Scholars An uncodified constitution is unwritten, or at least not written all in one document. 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. One of the disadvantages of an unwritten constitution is it allows for flexibility in interpreting what is and is not lawful. Business Administration Many changes in the constitution were made to please the people who once had suffered tyrannies. The result is that the people feel much closer to their government and are more willing to participate in the political process. An example is the British constitution. 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. The system allows economic, social, and political . This is unlike written constitutions which often become necessary to cater for the interests of disparate ethnic groups that have been brought together under one artificially-created state. 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. Which constitution is in an unwritten form? 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. Also, easier amendment procedures associated with the unwritten constitution mean a lesser waste of money, time and other resources. 1. your own essay or use it as a source, but you need This information has been declassified within recent years. 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. Every government provides services for their citizens. 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. fossil fuels) are among the most used sources of energy to date. Neurons: 22,062. Non political judges are able to police the constitution to ensure that its provisions are upheld by other public bodies. The United States constitution is stuck with old provisions that people think are a bad idea, e. . Did you know that we have over 70,000 essays on 3,000 topics in our Parliament has unlimited law-making powers and there is no clear separation of powers among the three arms of the Government. 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. 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. get custom Get expert help in mere This leaves ample room for officials with sinister motives to bend the customs and traditions to their will. Do you think unwritten constitutions are better than written ones? France has a Constitutional Council which judges the constitutionality of laws before the ratification process. The next disadvantage is that delete and insert can be done on the constitution if by chance one day a written one is implemented. 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. Now, if you want more high school Government tutorials like this one, there are tons of WAEC/WASSCE Government study guides at Cegast Academy. with free plagiarism report. The ability of ordinary people to challenge the actions of various institutions of Government is formally limited to the acts of public authority by section six. The money which would have otherwise been spent on writing a constitution is saved. Below are some of the merits of an unwritten constitution: This is evidently one of the known advantages of an unwritten constitution. Therefore individual rights remained dependent on the ad hoc statutory protection or upon judicial protection under common law. It is a common sight to see judges at exclusive casinos in Trinidad and Tobago. One of the disadvantages of the written constitution is that it is considered rigid. 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. Notwithstanding these advantages of the unwritten constitution, there still remain serious drawbacks to such a constitution. What are the advantages and disadvantages of a unwritten 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. An unwritten constitution can be easily manipulated because it is not codified. Written - prevents discussion 3. Under such circumstances, the unwritten constitution stands the danger of losing its credibility and power. Copyright 2023 IPL.org All rights reserved. Examples of countries where this type of constitution is used are: Israel, Canada, Saudi Arabia, New Zealand etc. On the other hand, another advantage of a written constitution is that it would end elective dictatorship, where, as long as a government is elected, it can effectively do as it wishes because it often maintains a majority over the House of Commons and therefore can pass any laws it wishes to. Similarly, the relative ease with which unwritten rules and procedures can be changed could result in too many unnecessary changes. 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. I. 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. 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. //= $post_title No doubt, this is a disadvantage of an unwritten constitution you should know too. I really enjoy the effort put in. This post may contain affiliate links. A constitution establishes literal legitimacy, its the real deal. Prone to Revolution: A country with a written constitution is liable to face political upheavals because of the rigidity of its constitutional framework. There must be parameters established for any country to govern . Judges in Trinidad and Tobago and the rest of the Commonwealth Caribbean are appointed by the various Judicial and Legal Service Commissions. The fundamental rights or the right to life are outlined. The above are the key advantages of the unwritten constitution over the written one. The American constitution also draws reference to God. The legislature can make laws but cannot hand down judgments or take executive action. It contains rules about what power is wielded, who wields it and over whom it is wielded in the governing of a country. Disadvantages of unwritten constitutions. Because these judges had the power to drop these cases and were not accountable to any political directorate, they had no choice but to throw the cases out, else they and their families would have face executions by the drug cartel. The problem arouses when the two men applied a relief to the courts; Connecticut accepted it and Pennsylvania didn 't. Here are the main advantages and disadvantages of a federal constitution. 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! 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. This is another key advantage of a written constitution you should know. 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. You will also find out examples of countries and societies that operate the unwritten constitution. 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. 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. The provisions of this type of constitution usually make reference to other provisions to ensure that the actual intent of the lawmakers are understood. Constitutional courts are powerful instruments of judicial review with the power to declare unconstitutional a law that is deemed incompatible with the constitution. The Constitution on one hand would give the people a voice and the other would control the nation through a monarchy system. Neither is it definite. Meanwhile, before I will move to the crux of this work, i would like to define what an unwritten constitution is. document.getElementById("ak_js_1").setAttribute("value",(new Date()).getTime()); This site uses Akismet to reduce spam. An unwritten constitution is based on the way of life of the people. This makes it difficult to include new aspects in the constitution. the foundation of the english constitution was laid in the 13th century by king john. Major principle and key constitutional provisions are entrenched, safeguarding them from intervention by the Government of the day. A constitution is a body or framework of rules which constrains and checks government. Can appear vague and uncertain - no single agreed source. 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. It is more relevant to the aspirations of the people and can stand the test of time since it develops from their actual experiences. This is equally a disadvantage of an unwritten constitution. Secondly, an unwritten constitution allows for quick decision-making. (U.S Const., art. An understanding of the constitution is obtained through reading commentary by the judiciary, government committees or legal experts.In such a constitutional system, all these elements may be (or may not be . These also exist in common law, treaties with foreign powers, analysis and comments made by experts such as politicians and academia. An entrenched constitution cannot be altered in any way by a legislature as part of its normal business concerning ordinary statutory laws. The closest thing the United Kingdom has to a Bill of Rights is the Human Rights Act of 1998 which incorporates the European Convention of Human Rights 1950 into domestic law. It is easily adapted to change and amendments. 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. This strong gun control laws enhances a lower crime rate but that is not always the case.. We use cookies to give you the best experience possible. assignments. Since there is no single document containing all constitutional provisions, it is almost impossible to refer to such a 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. Advantages and Disadvantages of Written and Unwritten Constitutions. An "unwritten" constitution is a problem or a miracle. It states many different things in it. Its unwritten nature makes it uneasy to quickly ascertain the unconstitutionality of an act. database? Like i said before, an unwritten constitution is not free from flaws. Not suitable for a federal system of government, Pillars of democracy: see the Major pillars of a democratic government, How to become a successful lawyer in the legal profession, Are lawyers liars? Encourages the evolution of the constitution. In this article, i will comprehensively discuss the advantages and disadvantages of an unwritten constitution. For example, in 1997 the changing of the hereditary peer system and also further reforms to change the structure of parliament. At the beginning of the English revolution of 1688 the English rose in rebellion against King James. In all other countries at the time, including Britain, political power is instituted by blood. Here, the rules and regulations guiding the state is usually found in case law by the judiciary. spam or irrelevant messages, We use cookies to give you the best experience possible. We cannot end our discussion of the advantages of the unwritten constitution without mentioning the ease with which it can be understood. 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. A lot of change was brought about for the everyday lives of all kinds of the people. In a federal system, a person can compare political, social, and economic systems in different states and relocate to one they find more suitable. Something went wrong. Those are some of our rights and responsibilities as Americans. My Many people say that it does not matter whether a constitution is written or unwritten. The Facts, 11 Causes of the Rise of Nationalism in Africa, 150+ WAEC English Essay Past Questions (PDF), 50+ General Arts Job Opportunities for Students, 22 Reading Comprehension Past Questions and Answers, 20 Best Productivity Apps for Students (Free & Paid), 36 Best Online Fitness Courses (with Certificates), 20 Free Financial Literacy Classes Online (Adults and Students), Free Online Finance Courses List for Beginners, 50+ List of Jobs in Finance for All Graduates, 50+ Essay Writing Software for Students to Download (Free and Paid), Top 5 Online German Language Courses for Beginners (Free), 30+ Free Online Healthcare Courses for Beginners, 10 Life-Changing Benefits of Studying Literature, 50+ Free English Learning Apps to Download. These disadvantages of the unwritten constitution make most modern states choose the written one over it. They are insulated from outside interference. It does not allow full scope for growth and development. Last year the St. Vincent Government attempted constitutional reform, but needed a majority of seventy five percent of the voters in a referendum. It is believed that the safest nations have very strict gun control laws. There is no single document to refer to when one is in doubt. These advantages of the unwritten constitution are the direct opposite of the disadvantages of a written constitution. Thus, the possibility of people interpreting differently what a convention says about a particular procedure is very high. I will earn a commission if you follow a link to purchase a product. If conventions are allowed to evolve with the passage of time, the unwritten constitution can hardly become outmoded. The Constitution may be legally flexible, political factors may impede radical constitutional reform. Your email address will not be published. So, before I give you all the points for writing an essay on the pros and cons of an unwritten constitution, I would like us to begin with a brief definition of the unwritten constitution. 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. 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. Answer Text: Disadvantages of an unwritten constitution. It can be found in article 1, section 8 of the constitution, clause 18. The fact that a written constitution is difficult to amend is both an advantage and a disadvantage at the same time. By continuing well assume youre on board with our 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. I will try as much as possible to clear your doubts and help you understand the topic better. The womans right to vote was added to the amendments to give women equal rights. It has its own disadvantages and that is what we will be looking at below. In this senior high school Government tutorial, we shall first discuss the advantages of the unwritten constitution. On the other hand, another advantage of a written constitution is that it would end elective dictatorship, where, as long as a government is elected, it can effectively do as it wishes because it often maintains a majority over the House of Commons and therefore can pass any laws it wishes to. An uncodified constitution has the advantages of elasticity, adaptability and resilience. Save my name, email, and website in this browser for the next time I comment. It sets up major governing institutions, assigns institutions their given power, and places explicit and implicit control on power that given to them. The third disadvantage is that constitutional supremacy resides with non elected judges rather than with public accountable politicians. The Constitution on one hand would give the people a voice and the other would control the nation through a monarchy system. Describes the advantages of a written constitution. What are the Advantages and Disadvantages of Slow Food and Fast Food? Take for instance, it is apparently foolhardy to have an unwritten constitution in a federal and heterogeneous state. 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 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. 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. This may make the peaceful resolution of disagreements difficult. Difficult to ascertain the unconstitutionality of an act, 3.
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