Can appear vague and uncertain - no single agreed source. 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. Without a clear and established set of rules, this can make it more difficult to ascertain what is legal and what is not. In essence, this clause offers a way for the US Congress to achieve its constitutional mandated ends(The Heritage Foundation, 2011). It is not so when the constitution is written because the law is always what the constitution says it is. Have you ever thought to yourself, where did the Constitution come from? Cost analysis is one of the. 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. During this period the English Parliament had passed several. 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. Sample Essay on the Disadvantages of a Written Constitution On the other hand, one can argue, Disadvantages Of A Unwritten Constitution, An unwritten constitution is a problem or a miracle. 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! The provisions of this type of constitution usually make reference to other provisions to ensure that the actual intent of the lawmakers are understood. In this essay, the author 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? Major principle and key constitutional provisions are entrenched, safeguarding them from intervention by the Government of the day. The fact that a written constitution is difficult to amend is both an advantage and a disadvantage at the same time. 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. 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 UK's unwritten constitution has distinct advantages especially with regard to promotion of democracy, accountability, transparency, and mandate. As one man might have no shoes and rags, another might have a wig, suit. Advantages and Disadvantages of Written and Unwritten - Phdessay assignments. 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. Ralph teaches English for Academic Purposes (EAP) online. The legislature makes laws and monitors the executive. The legitimacy and longevity of codified constitutions have often been tied to the process by which they were initially adopted. 1. 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. Under such circumstances, the unwritten constitution stands the danger of losing its credibility and power. A. Another disadvantage of a written constitution is that there may be tyranny within the judiciary. Altogether these constitute the British constitutional Law. The German Constitutional Court is a special court dedicated solely to the protection of the constitution. Below are some of the merits of an unwritten constitution: This is evidently one of the known advantages of an unwritten constitution. 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. The British people are proud and law abiding. Did you know that we have over 70,000 essays on 3,000 topics in our number: 206095338, E-mail us: A lot of change was brought about for the everyday lives of all kinds of the people. This leaves a larger part of the job of interpreting the law to the discretion of the judiciary. 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. This creates room for anyone to assume powers that do not belong to them under the constitution. This is a disadvantage of an unwritten constitution and it is mostly criticized by scholars. What are the advantages and disadvantages of a constitution? Advantages and disadvantages of written constitution and unwritten Explore how the human body functions as one unit in you to an academic expert within 3 minutes. Advantages and Disadvantages of an Unwritten Constitution Disadvantage of unwritten constitution? - Answers Uncodified constitution - Wikipedia For example, many Arab countries have written constitutions that sound wonderful (human rights, elections, etc.) Unlike a unwritten constitution, a written constitution contained in a single document. First and foremost is Magna Carta (1215), the 'Great Charter of the Liberties of England'. One disadvantage of the written constitution is that it is more rigid and may therefore be less responsive and adaptable than an unwritten one. It has its own disadvantages and that is what we will be looking at below. A written constitution is one that is contained in a single document which is the one source of constitutional law in a state. 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. In all other countries at the time, including Britain, political power is instituted by blood. The written documents of our unwritten constitution. Prone to Revolution: A country with a written constitution is liable to face political upheavals because of the rigidity of its constitutional framework. Answer Text: Disadvantages of an unwritten constitution. Those making the case for a written constitution need to provide more information about which aspects are fixed, flexible and foreclosed. 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. It initiates a never-ending dialectic of mutual construction and ambivalent relations: the constitution constructs the government, the people and the state, which in turn explain the constitution. The executive makes policy, proposes laws and implements laws passed by the legislatures and the judiciary tries cases and administer justice. The Constitution on one hand would give the people a voice and the other would control the nation through a monarchy system. The employs has a monthly payment and an additional commission of what they sell. 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. with free plagiarism report. Everything depends on the character of the people, they say. Unwritten - it is hard to define exactly what is in the constitution Students also viewed written and unwritten constitutions 17 terms akhn23 //= $post_title Topic Overview One of the disadvantages of an unwritten constitution is it allows for flexibility in interpreting what is and is not lawful. Constitutional courts are powerful instruments of judicial review with the power to declare unconstitutional a law that is deemed incompatible with the constitution. Something went wrong. Examples are: Britain. An unwritten constitution is not always clear because the constitution is not contained in one single document. Written - prevents discussion 3. 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. 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. Althou. An uncodified constitution has the advantages of elasticity, adaptability and resilience. There must be parameters established for any country to govern . In the next section of this post, we will highlight the disadvantages of the unwritten constitution. Well known British politicians over the years have commented publicly on this issue of Britain slowly losing its sovereignty. Advantages of the Unwritten Constitution (and Disadvantages) The founding fathers had a meeting on what improvements should be made to the Articles of Confederation. B) Identify two advantages and two disadvantages of an unwritten constitution. The above are the key advantages of the unwritten constitution over the written one. What are the Advantages and Disadvantages of Slow Food and Fast Food? An example is the British constitution. What are the advantages and disadvantages of a written constitution 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. An unwritten constitution is less expensive to operate because ordinary acts of parliament rather than expensive special procedures are enough to amend it. It may encourage the rise of dictatorship through manipulation and exploitation of its imprecise or unwritten provisions. 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. In this senior high school Government tutorial, we shall first discuss the advantages of the unwritten constitution. 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. While the advantages of an unwritten constitution make it look more desirable than the written one, there are equally many weaknesses of unwritten constitutions. Which constitution is in an unwritten form? The laborious process of amendment does not have to be done simply because a minor change in political practice. One disadvantage of the written constitution is that it is more rigid and may therefore be less responsive and adaptable than an unwritten one. A constitution is a body or framework of rules which constrains and checks government. These are the major characteristics of a good constitution. it lays emphasis on the rule of law and protects the fundamental rights of the individual. For example, it is an unwritten rule in Britain that the leader of the party with majority seats in parliament be appointed Prime Minister. The United States is known for having the best form of government for people to be included and have a say in their beliefs. 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. Advantages of Written and Unwritten Constituation - Studocu This is another way to keep someone out of the Presidency for too long, like in some of the African countries where it is noted that Presidents who serve for more than twenty years or so, allow the power to go to their heads, and as a consequent use the constitution and the military to stay in power for an unlimited number of years, which history has proven is unhealthy for the development of those countries, since those countries have been plagued with civil war, unrest and economic problems. Currently, it is practiced in most of the homogeneous states in the world to foster unity and economic development. The Articles of Confederation was thought of as a failure after Shays Rebellion; an act of dissent by Daniel Shay in which farmers lost their, Of all modern democracies, the United States, Great Britain, and France are among the most exemplary illustrations of liberal democracy. The new counter-terrorism measures appeared to erode civil liberties in the wake of the September 11th 2001 attack in New York, and the July 7th 2005 bombings of the subway in London. Each arm of the state keeps watch over the powers of the other. 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? An entrenched constitution cannot be altered in any way by a legislature as part of its normal business concerning ordinary statutory laws. 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. To learn more about his experiences as an online entrepreneur, visit his other website, Advantages of the Unwritten Constitution (and Disadvantages). After gaining their independence from Great Britain, the Americans colonies were struggling in establish a new stable nation. (2018, Dec 17). Try again Such a situation is yet another route to avoidable conflicts within the government. ?>, Order original essay sample specially for your assignment needs, https://phdessay.com/advantages-and-disadvantages-of-an-unwritten-constituion/, Advantages and Disadvantages of Written and Unwritten Constitutions, Advantages and Disadvantages of using cash to make payments Advantages, Unwritten Rules of Morality that Differ From Person to Person, Defining Formalization And Mentioning Its Advantages And Disadvantages For Leaders And Followers, Public Administration and Management: Advantages and Disadvantages of Partnerships. It can be found in article 1, section 8 of the constitution, clause 18. The advantages of an unwritten constitution far outweigh the disadvantages (40) You must make a judgement. Hope this article was helpful? Advantages of unwritten constitutions. The easier it is for government officials to quickly make decisions and implement them, the more efficient government machinery becomes. Unlike a written constitution, an unwritten constitution is flexible and easy to amend. Judges in Trinidad and Tobago and the rest of the Commonwealth Caribbean are appointed by the various Judicial and Legal Service Commissions. It gets even worse, when people dig deeper and find out the racial discrimination that went on behind the scenes. 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. This is because, an unwritten constitution may not work properly in a federation. You can use it as an example when writing There are many advantages and disadvantages to a written or unwritten constitution and it is hard to determine which type is favourable. Answer (1 of 4): In a nation with an unwritten constitution, the constitution consists of tradition plus statute law. This post may contain affiliate links. Students looking for free, top-notch essay and term paper samples on various topics. The money which would have otherwise been spent on writing a constitution is saved. If there is any conflict between a legal statute and the constitution, all or part of the statute are declared ultra vires by a court, and struck down as unconstitutional. 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 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. In document three, it is shown that different classes of people still interact. The American constitution also draws reference to God. The second disadvantage of the written constitution is that Government power may be more effectively constrained by regular elections than by a constitutional document. France has a Constitutional Council which judges the constitutionality of laws before the ratification process. But the meeting eventually ended up in creating the United States Constitution. There are advantages and disadvantages to both types of constitutions. This is good detailed work..? Division of power in this way ensures checks and balances within the system in a country. It is believed that the safest nations have very strict gun control laws. (If it is a common-law nation, it also consists of common law, which is effectively another kind of tradition, and judicial precedents.) Advantages and Disadvantages of an Unwritten Constituion Essay. Thus it tends to bind them together. It is elastic to meet the present and future needs of the country. Do you think unwritten constitutions are better than written ones? 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. The constitution does not fit all types of government. Essay, A) What is meant by an unwritten constitution? 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 Constitution is not an elitist document because of the equal benefits provided to man, the need of social classes, and the check of power. you In fact, more than 85% of all primary energy on. 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. It contains rules about what power is wielded, who wields it and over whom it is wielded in the governing of a country. 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 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. Youre right and Im going to talk about 3 of some of the most important documents that influenced the Constitution. 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. Thank you! I really enjoy the effort put in. What are the Merits and demerits of Written Constitution? In response to the public 's outrage, Governor Wolf hastily granted reprieves "from all planned executions." Consensus building is necessary prior to the amendment of a written constitution. It grows over a long time from the way of life of the people. We are now going to identify the major advantages of unwritten constitutions. The reason is because the flexible nature of the constitution will allow an unnecessary alterations on the constitution. 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. Leaves the state free to abuse it's . Introduction Note, again, that it is these demerits of the unwritten constitution that make some modern constitutional monarchies adopt a written constitution instead. Was this information useful? This essay was written by a fellow student. Let us help you get a good grade on your paper. The other disadvantage is that only a select few can acquire such knowledge of the unwritten constitution since they are scattered across many documents. Unwritten constitution is the result of long process and natural growth of political constitutions of the country. As already stated, where the constitution is not written, the law is usually what the judiciary says it is. Many people say that it does not matter whether a constitution is written or unwritten. 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. The ceremonial preamble of the Trinidad and Tobagos constitution makes reference to the supremacy of God, fundamental human rights and freedoms. Advantages and Disadvantages of a Written Constitution Read the truth as to whether lawyers are liars here, How to Network as a Student in College/University: 10 Networking Tips, Lawyers or Teachers, Who is More Important/Better? 6 Types of constitutions: their advantages and disadvantages There are arguments as to whether an unwritten constitution is the best type of constitution or not. The constitution of Britain is the best example of an unwritten constitution. Unwritten constitutions are flexible as they are not entrenched, and flexibility is extremely important and useful as the modern day is constantly changing. In addition to the points already made, an unwritten constitution is also advantageous because it does not give rise to so much litigation. Required fields are marked *. The Constitution on one hand would give the people a voice and the other would control the nation through a monarchy system. Some political scientists are of the view that; since an unwritten constitution is flexible and can be easily amended, it is the best because it will work more efficiently in times of urgency. From a customer's prospective, what are the advantages and. The Medellin Drug Cartel in Columbia controlled the drug trade in that country during the 1980s and they were untouched by politicians and law enforcement during their reign. This is one of the major feature of an unwritten constitution and it may not be suitable for a federal system of government. Save my name, email, and website in this browser for the next time I comment. (2017, Apr 13). The fundamental rights or the right to life are outlined. Leaves the state free to develop the law for the benefit of the citizens. Constitutions exist as national and regional. 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. 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. 2. In Argentina a state of emergency was declared 52 times to bypass constitutional guarantees. 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. Compare and contrast written and unwritten constitutions. Which type of Table of content Introduction: Financing decisions and investment decisions are considered to be two of the most vital decisions that corporations have to take. The last disadvantage is the question of British sovereignty. Then share it on your favourite social media platform for the benefit of others you care about. 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. At the beginning of the English revolution of 1688 the English rose in rebellion against King James. 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 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. Meanwhile, before I will move to the crux of this work, i would like to define what an unwritten constitution is. This clause is also often referred to as the necessary and proper or the sweeping clause. Informal Here come the advantages of the unwritten constitution. Retrieved from https://paperap.com/paper-on-essay-advantages-and-disadvantages-of-written-and-unwritten-constitutions/. The very high costs involved in drafting and promulgating into law a written constitution do not come into play here. Accordingly, it is not wise or advantageous to have a written constitution in a unitary state. We cannot end our discussion of the advantages of the unwritten constitution without mentioning the ease with which it can be understood. This will understand the content of this article in depth. There is therefore a real danger of the emergence of dictatorship and abuse of human rights. The United States constitution is stuck with old provisions that people think are a bad idea, e. . Advantages and disadvantages or written/unwritten - Quizlet Unwritten constitution grows with the people, 4. There are many more if you look in the U.S. Constitution. This is actually one of the biggest disadvantages of having an unwritten constitution in a state. The judiciary is unique in that it is not elected, but it is independent. These also exist in common law, treaties with foreign powers, analysis and comments made by experts such as politicians and academia. harmony in order to life, Advantages and Disadvantages of an Unwritten Constituion. It is misleading to call the British constitution unwritten; a more precise form of . There are always litigation arising from violation of one rights or the other. This leaves ample room for officials with sinister motives to bend the customs and traditions to their will. Also, easier amendment procedures associated with the unwritten constitution mean a lesser waste of money, time and other resources. How would you contrast Amazon's business design with that of Barnes ; Noble before Barnes ; Noble went online? 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. It is more relevant to the aspirations of the people and can stand the test of time since it develops from their actual experiences. However, just because there is a written constitution does not ensure the rights of a countries citizens will receive their rights rather, it could lead to an elective dictatorship which might further restrict rights and may go on to persecute some of its citizens, which happened in Germany and resulted in the Second World War.
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