Let me know what you think in a brief comment below. this makes it unsuitable to accommodate social, political, and economic Dynamics of the environment. 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. 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. This will help you to understand why some countries have a written constitution and others have an unwritten constitution. Let us help you get a good grade on your paper. The constitution of the United States had many unforeseen shortcomings which the Founding Fathers could not have envisioned over two hundred years ago. Unwritten constitution does not give rise to much litigation, Disadvantages of an unwritten constitution, 2. The reason is because the flexible nature of the constitution will allow an unnecessary alterations on the constitution. There are advantages and disadvantages to both types of constitutions. An example is the British constitution. Those are some of our rights and responsibilities as Americans. 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. Essay, This is actually one of the biggest disadvantages of having an unwritten constitution in a state. 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. It is elastic to meet the present and future needs of the 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. And it is also easier and faster to introduce an act of . In this senior high school Government tutorial, we shall first discuss the advantages of the unwritten constitution. There are many more if you look in the U.S. Constitution. In this article, i will comprehensively discuss the advantages and disadvantages of an unwritten constitution. 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. 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 is why nations like Canada, Israel etc, stll have an unwritten constitution to today. It allows itself to be shaped by the needs of the people, adopting as required by circumstances. 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. 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. The eighth amendment, which prevents cruel and unusual punishment, gained its popularity over the issue of death penalty. These disadvantages of the unwritten constitution make most modern states choose the written one over it. It is misleading to call the British constitution unwritten; a more precise form of . Something went wrong. In the late 1770s the Thirteen Colonies of Britain wanted to separate and form their own nation. 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. 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 the right to bear arms and the right to a jury trial in federal cases involving more than twenty dollars. 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. The provisions of this type of constitution usually make reference to other provisions to ensure that the actual intent of the lawmakers are understood. As one man might have no shoes and rags, another might have a wig, suit. It is not adaptable to the changing social and economic conditions. We'll not send 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. Leaves the state free to abuse it's . Disadvantages of the UK adopting a written constitution There are also many argument against the UK adopting a written constitution. 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. Rigidity: A written constitution is rigid and inelastic. Additional materials, such as the best quotations, synonyms and word definitions to make your writing easier are also offered here. 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. It shows people of different class enjoying a game together. It is now time to dive into the shortcomings of the unwritten constitution. In Argentina a state of emergency was declared 52 times to bypass constitutional guarantees. 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,. Without a clear and established set of rules, this can make it more difficult to ascertain what is legal and what is not. But the meeting eventually ended up in creating the United States Constitution. My It is to a large extent written on the heart of the people and is based on the principles of justice, fairness and equality. Save my name, email, and website in this browser for the next time I comment. In a federal system, a person can compare political, social, and economic systems in different states and relocate to one they find more suitable. Easy and quick decision making in time of urgency, 3. 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. All rights reserved, Advantages and Disadvantages of an Unwritten Constitution. This is important during an emergency when quick decisive action is needed. Neurons: 22,062. A constitution is a body or framework of rules which constrains and checks government. (If it is a common-law nation, it also consists of common law, which is effectively another kind of tradition, and judicial precedents.) 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. 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. 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. Get expert help in mere A Bill of Rights place limitations on the Government and creates an area of freedom for the people. Learn how your comment data is processed. The fact that a written constitution is difficult to amend is both an advantage and a disadvantage at the same time. A constitution is literally a rule book. 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. On the other hand, one can argue, Disadvantages Of A Unwritten Constitution, An unwritten constitution is a problem or a miracle. 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 founding fathers had a meeting on what improvements should be made to the Articles of Confederation. 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. We are now going to identify the major advantages of unwritten constitutions. As founder and director at Cegast, he has successfully coached thousands of students for major international examinations. The problem arouses when the two men applied a relief to the courts; Connecticut accepted it and Pennsylvania didn 't. Unwritten constitution is the result of long process and natural growth of political constitutions of the country. 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. 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. If there is any part of this educating topic you do not understand or have doubts about, kindly let me know using the comment section. Lord Actions assumption was, power corrupts: absolute power corrupts absolutely. It should be noted, however, that this can also be a disadvantage of an unwritten constitution too. After a closer examination of the Articles of Confederation, delegates disregarded the Articles, following the failure of their original form of government. In document three, it is shown that different classes of people still interact. This comes at no extra cost to you. 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. Table of content Introduction: Financing decisions and investment decisions are considered to be two of the most vital decisions that corporations have to take. It may encourage the rise of dictatorship through manipulation and exploitation of its imprecise or unwritten provisions. The British people are extremely proud of their monarchy, their historical achievements, their progressive democracy, their freedom and dignity. it lays emphasis on the rule of law and protects the fundamental rights of the individual. Save time and let our verified experts help you. 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. 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. You can also take as many online practice tests as you want on the SHS General Arts subjects. The process by which a country adopts a constitution is closely tied to the historical and political context driving these fundamental changes. number: 206095338, E-mail us: An unwritten constitution can be easily manipulated because it is not codified. Simply put, an unwritten constitution is a type of constitution that is not contained or documented in a single document. This changes also knowns as a revolution-- Revolution is forcible overthrow of a government or social order in favor of a new system. 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. The United States is known for having the best form of government for people to be included and have a say in their beliefs. It is not so when the constitution is written because the law is always what the constitution says it is. It can be used for implementing programmes that will improve the living standards of the citizenry. There is no single document to refer to when one is in doubt. 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 legitimacy and longevity of codified constitutions have often been tied to the process by which they were initially adopted. //= $post_title 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. The constitution is "the set of laws, rules and practices that create the basic institutions of the state". A historic constitution which in the years has a lot of changes and interventions from outsides powers, separations of . The first 10 were in the Bill of rights written way back in 1791 giving us in detail 10 rights as a citizen. Individual liberty is more securely protected and authorative Government is kept at bay. We have been diving deep into the major advantages and disadvantages of the unwritten constitution. 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 . Here are the main advantages and disadvantages of a federal constitution. 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. For that reason, I believe the U.S. Constitution is revolutionary because it was created to establish a system of government far from monarchy, For many years, the U.S. Constitution has become a pinnacle aspect in the debates between political parties and raises a question yet to be answered: Is the Constitution still relevant? Take for instance, it is apparently foolhardy to have an unwritten constitution in a federal and heterogeneous state. An unwritten constitution is flexible, it does not pose problems of amendment and it can easily be adapted to meet the changing social, economic and political development of the country. The Constitution is supreme over ordinary statute law. Israel, it is reported, has an unwritten constitution. A constitution sets out how all the elements of Government are organized and how power is carved up among different political units. This post may contain affiliate links. The laborious process of amendment does not have to be done simply because a minor change in political practice. Disadvantages of unwritten constitutions. The Constitution on one hand would give the people a voice and the other would control the nation through a monarchy system. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. 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. Identify and discuss the advantages and disadvantages of written and unwritten types of constitutions. The courts can judge the actions of the legislature and the executive but cannot pass laws. The Parliament could easily fox a written constitution to serve itself and executive members without the public ever being aware of this. 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." 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. 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. It is easily adapted to change and amendments. One of the disadvantages of the written constitution is that it is considered rigid. A written constitution is one that is contained in a single document which is the one source of constitutional law in a state. Consensus building is necessary prior to the amendment of a written constitution. In an unwritten constitution it is difficult to determine whether or not something is or is not 'unconstitutional'. 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. The easier it is for government officials to quickly make decisions and implement them, the more efficient government machinery becomes. 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. Once criminal elements know which judges are in debt, they can easily reach out financially to these judges, and of course for favors in return. 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. By virtue a politician is accountable to the people and in a democratic country like Trinidad and Tobago if one is not satisfied by a Member of Parliament he can take action, as was the case when a Muslimeen member was disgruntled because his daughter could not attend a Catholic School with her traditional Muslim garb. The uncertainty of the provisions of an unwritten constitution is one of its major disadvantages. If conventions are allowed to evolve with the passage of time, the unwritten constitution can hardly become outmoded. 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. A written constitution may also have an educational value as it highlights the central values and goals in the political system. 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. Hope this article was helpful? It is more relevant to the aspirations of the people and can stand the test of time since it develops from their actual experiences. The UK's unwritten constitution has distinct advantages especially with regard to promotion of democracy, accountability, transparency, and mandate. Compared to a written constitution, the unwritten constitution is unable to adequately cater for the special needs of minority groups. Also, a written constitution would prevent a government from interfering with any higher laws because there would be a higher law safeguarding 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. Encourages the evolution of the constitution. The UK has an unwritten constitution unlike the U. S. A. Then share it on your favourite social media platform for the benefit of others you care about. Overall, our nation experienced the majority of its change politically, and social issues, but change was still seen to a lesser extent economically.

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