And it is also easier and faster to introduce an act of . He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. The uncertainty of the provisions of an unwritten constitution is one of its major disadvantages. Advantages And Disadvantages Of Written And Unwritten Constitution Advantages and disadvantages or written/unwritten - Quizlet Advantages and Disadvantages of Written and Unwritten - Phdessay One reason for this is that unwritten constitutions generally develop from the common social and political experiences of the people. collected. Here come the advantages of the unwritten 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. An advantage of the UK constitution is that it takes into account of changing views. The founding fathers had a meeting on what improvements should be made to the Articles of Confederation. Altogether these constitute the British constitutional Law. database? Learn how your comment data is processed. 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. 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. 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. This illustrates the erosion of the United Kingdom unfettered sovereignty. Its unwritten nature makes it uneasy to quickly ascertain the unconstitutionality of an act. Cost analysis is one of the. DISCLOSURE. But the meeting eventually ended up in creating the United States Constitution. Any constitutional violation by the executive, such as a politician who abuses the power of his established office can be held accountable in court. number: 206095338, E-mail us: There is therefore a real danger of the emergence of dictatorship and abuse of human rights. Now, if you want more high school Government tutorials like this one, there are tons of WAEC/WASSCE Government study guides at Cegast Academy. Disadvantages of unwritten constitutions. As a result of being partly written and partly unwritten, most unwritten constitutions rely on many practices or conventions, that is, constitutional practices which are not necessarily legal rules (E.g the constitution of Britain). This means that compared to the unwritten one, the written constitution is easier to amend. The Parliament could easily fox a written constitution to serve itself and executive members without the public ever being aware of this. 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. 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. The elastic clause puts forward that Congress has the power to pass any law that they have deemed to be both necessary and proper to implement the powers that have already been delegated to the Congress. Those making the case for a written constitution need to provide more information about which aspects are fixed, flexible and foreclosed. There is no single document to refer to when one is in doubt. 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. Others politicians are also asked to publicly account because in those cases the media intervene to voice the grievances of the people. An unwritten constitution just like common law, grows over a long time from the way of life of a people, it is unsuitable for a multilingual and a multi religious or diverse people or population such as Nigeria. In this article, i will comprehensively discuss the advantages and disadvantages of an unwritten constitution. Although there are differences between written and unwritten constitutions with respect to their advantages and disadvantages, one must carefully consider the usefulness of a constitution and its promotion of democracy and the rights and freedom of the people. It entailed the unification of Europe which Hitler wanted to achieve by use of force and the military, and the ultimate destruction of America. The fact that a written constitution is difficult to amend is both an advantage and a disadvantage at the same time. political figures and ordinary people who believe that Britain should have one. 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. This changes also knowns as a revolution-- Revolution is forcible overthrow of a government or social order in favor of a new system. you Flexible and responsive to changing circumstances. The reverse is also true. Advantages and disadvantages of unwritten constitution. The Pros and support@phdessay.com. 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 legitimacy and longevity of codified constitutions have often been tied to the process by which they were initially adopted. Continuing, about a third of African Americans who received death penalty in Philadelphia "would have not received the death penalty were they not African American." The draft proposed constitution was printed and widely distributed to citizens of the country so that their views were shared. Advantages and Disadvantages of an Unwritten Constituion Essay. An uncodified constitution has the advantages of elasticity, adaptability and resilience. This is a disadvantage of an unwritten constitution and it is mostly criticized by scholars. can use them for free to gain inspiration and new creative ideas for their writing 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 Constitutions - written and unwritten Flashcards | Quizlet For example, many Arab countries have written constitutions that sound wonderful (human rights, elections, etc.) These advantages of the unwritten constitution are the direct opposite of the disadvantages of a written constitution. It is believed that the safest nations have very strict gun control laws. Copyright 2023 Bscholarly LLC. In addition to the points already made, an unwritten constitution is also advantageous because it does not give rise to so much litigation. 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. It's free to sign up and bid on jobs. In document three, it is shown that different classes of people still interact. It is more relevant to the aspirations of the people and can stand the test of time since it develops from their actual experiences. Like i said before, an unwritten constitution is not free from flaws. What's So Great About a Written Constitution? - The Atlantic Long-held traditions are a part and parcel of the peoples culture. We have the responsibility to vote in the elections. It is misleading to call the British constitution unwritten; a more precise form of . 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. Describes the advantages of a written constitution. A. A Bill of Rights place limitations on the Government and creates an area of freedom for the people. The written documents of our unwritten constitution. Topic Overview Clearly, it is the reason why most heterogeneous societies prefer a written constitution with a federal form of government. Answer (1 of 4): In a nation with an unwritten constitution, the constitution consists of tradition plus statute law. Elastic Clause. At the beginning of the English revolution of 1688 the English rose in rebellion against King James. For example, it is an unwritten rule in Britain that the leader of the party with majority seats in parliament be appointed Prime Minister. Retrieved from https://paperap.com/paper-on-essay-advantages-and-disadvantages-of-written-and-unwritten-constitutions/. This may make the peaceful resolution of disagreements difficult. Constitutional courts are powerful instruments of judicial review with the power to declare unconstitutional a law that is deemed incompatible with the constitution. Some of these rights were gained through tradition and time. They are what make it more suitable for homogeneous societies with political traditions dating far back into their history. Many changes in the constitution were made to please the people who once had suffered tyrannies. The Revolution had an effect on the classes of people. This is one of the major feature of an unwritten constitution and it may not be suitable for a federal system of government. The ceremonial preamble of the Trinidad and Tobagos constitution makes reference to the supremacy of God, fundamental human rights and freedoms. 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. In fact, more than 85% of all primary energy on. The legislature makes laws and monitors the executive. Further, the lack of certainty is one of the most cited disadvantages of the unwritten constitution. As founder and director at Cegast, he has successfully coached thousands of students for major international examinations. The legislature can make laws but cannot hand down judgments or take executive action. 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. 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. 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. What are the advantages and disadvantages of a written constitution An entrenched constitution cannot be altered in any way by a legislature as part of its normal business concerning ordinary statutory laws. the right to bear arms and the right to a jury trial in federal cases involving more than twenty dollars. This is actually one of the biggest disadvantages of having an unwritten constitution in a state. During this period the English Parliament had passed several. Advantages of Written and Unwritten Constituation - Studocu 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. Your results will come up instantly. Encourages the evolution of the 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. Business Administration 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. 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. 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. 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 . Advantages And Disadvantages Of Unwritten Constitution. With 27 amendments now (the most recent added in 1992) we have a lot of rights as Americans. The constitution of the Republic of South Africa 1996 which is called the birth certificate of a new South Africa states the hopes and aspirations of the nation torn apart by apartheid. 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. Uncodified constitution - Wikipedia Citizens have the benefit of receiving free health care. Thus, the possibility of people interpreting differently what a convention says about a particular procedure is very high. An unwritten constitution is based on the way of life of the people. What are the advantages and disadvantages of a written constitution? Have you ever thought to yourself, where did the Constitution come from? Parliament has unlimited law-making powers and there is no clear separation of powers among the three arms of the Government. The British people are proud and law abiding. 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. assignments. 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. Note, again, that it is these demerits of the unwritten constitution that make some modern constitutional monarchies adopt a written constitution instead. It is easily adapted to change and amendments. I will earn a commission if you follow a link to purchase a product. I will try as much as possible to clear your doubts and help you understand the topic better. However judges are not accountable to anyone for their actions, whether they are right or dead wrong. The fundamental rights or the right to life are outlined. It sets up major governing institutions, assigns institutions their given power, and places explicit and implicit control on power that given to them. In an unwritten constitution it is difficult to determine whether or not something is or is not 'unconstitutional'. this makes it unsuitable to accommodate social, political, and economic Dynamics of the environment. 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. Instead Britain's laws, policies and codes are developed through statutes, common law, convention and more recently E. U law. 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. You can also take as many online practice tests as you want on the SHS General Arts subjects. You can use it as an example when writing 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. //= $post_title it lays emphasis on the rule of law and protects the fundamental rights of the individual. 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. The UK has an unwritten constitution unlike the U. S. A. The advantages of an unwritten constitution far outweigh the disadvantages (40) You must make a judgement. Major principle and key constitutional provisions are entrenched, safeguarding them from intervention by the Government of the day. See below the major disadvantages of a written constitution. By way of conclusion, i must point the fact that an unwritten constitution is always the best type of constitution in time of emergency because it can be easily amended. Our unwritten constitution is old fashioned, and . In this paper, I will be focusing on the divergence. This essay was written by a fellow student. Sometimes it is hard to do all the work on your own. This is another key advantage of a written constitution you should know. A written constitution is one that is contained in a single document which is the one source of constitutional law in a state. Your email address will not be published. Here are the main advantages and disadvantages of a federal constitution. Sample Essay on the Disadvantages of a Written Constitution The strongest level of entrenchment exist in those constitutions that state that some of the most fundamental principles are absolute, i. e. certain articles may not be amended under any circumstances. This is because, an unwritten constitution may not work properly in a federation. Because Johanna is a well known brand and have a huge market share sales representatives can. Was this information useful? get custom On the other hand, some scholars argue against this. fossil fuels) are among the most used sources of energy to date. Students looking for free, top-notch essay and term paper samples on various topics. 1. The reason is because the flexible nature of the constitution will allow an unnecessary alterations on the constitution. We also have the responsibly to follow all the laws the government makes. 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. It allows itself to be shaped by the needs of the people, adopting as required by circumstances. In the late 1770s the Thirteen Colonies of Britain wanted to separate and form their own nation. Based on this, I think it is clear that unwritten constitution has its own advantages (merits) and disadvantages (demerits). There are many more if you look in the U.S. Constitution. Advantages and Disadvantages of Written and Unwritten Constitutions. 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? Without a clear and established set of rules, this can make it more difficult to ascertain what is legal and what is not. Disadvantage of unwritten constitution? - Answers Therefore individual rights remained dependent on the ad hoc statutory protection or upon judicial protection under common law. After a closer examination of the Articles of Confederation, delegates disregarded the Articles, following the failure of their original form of government. Those are some of our rights and responsibilities as Americans. Moreover, its all private and confidential. It is not so when the constitution is written because the law is always what the constitution says it is. Disadvantages Of An Unwritten Constitution - 1055 Words | 123 Help Me There are no limitations on the legislative body. 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. In Argentina a state of emergency was declared 52 times to bypass constitutional guarantees. 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. A constitution is a body or framework of rules which constrains and checks government. Below are some of the demerits of an unwritten constitution: 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. 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. Thus, a written constitution would create less confusion and the meaning about laws and rights may be greater enforced. 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. Also, a written constitution would prevent a government from interfering with any higher laws because there would be a higher law safeguarding the 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. Advantages of the Unwritten Constitution - LawTeacher.net On the other hand, one can argue, Disadvantages Of A Unwritten Constitution, An unwritten constitution is a problem or a miracle. Due to Constitution 's broad spectrum of interpretations, whether, The Road to the Revolution names the period between the years 1750 and 1776, because of the increasing tensions between the colonists in America and their mother country. 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. 6 Types of constitutions: their advantages and disadvantages Historically the United Kingdom has not had a definition of individual rights and freedoms. While the advantages of an unwritten constitution make it look more desirable than the written one, there are equally many weaknesses of unwritten constitutions. And when you subscribe to our newsletter, you stand the chance to receive regular updates of new posts and the latest news happening at Cegast Academy. The UK's unwritten constitution has distinct advantages especially with regard to promotion of democracy, accountability, transparency, and mandate. 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. (U.S Const., art. This information has been declassified within recent years. A lot of change was brought about for the everyday lives of all kinds of the people. 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. 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. A constitution is a set of rules, which are generally written, it identifies the relationship between the different parts of the government, and also the relationship between the government and the citizens. Type your requirements and I'll connect Try again Division of power in this way ensures checks and balances within the system in a country. One argument is that a written constitution would make the rules of the country clearer, as constitutional rules would be collected together and put into a single document and therefore more clearly defined than in an unwritten constitution where the laws, rights and rules are spread across many documents. Can a constitution be unwritten? - sempoa.jodymaroni.com 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. Advantages of unwritten constitutions. 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. While the advantages of an unwritten constitution make it look more desirable than the written one, there are equally many weaknesses of unwritten constitutions. You will also find out examples of countries and societies that operate the unwritten constitution. From a customer's prospective, what are the advantages and. Can appear vague and uncertain - no single agreed source. 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 constitution is the set of laws, rules and practices that create the basic institutions of the state. Non written traditions and customs carry greater weight in the United Kingdom as oppose to the written constitution. A constitution establishes literal legitimacy, its the real deal. 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. 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. 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. 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. 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. A historic constitution which in the years has a lot of changes and interventions from outsides powers, separations of . One of the disadvantages of an unwritten constitution is it allows for flexibility in interpreting what is and is not lawful. Essay. An unwritten constitution allows easy and quick decisions to meet exigencies of the government and national life. Did you know that we have over 70,000 essays on 3,000 topics in our There are advantages and disadvantages to both types of constitutions. 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.