Similarly, the relative ease with which unwritten rules and procedures can be changed could result in too many unnecessary changes. Under such circumstances, the unwritten constitution stands the danger of losing its credibility and power. Advantages and Disadvantages of an Unwritten Constitution An "unwritten" constitution is a problem or a miracle. States that have codified constitutions normally give the constitution supremacy over ordinary statute law. It has its own disadvantages and that is what we will be looking at below. We cannot end our discussion of the advantages of the unwritten constitution without mentioning the ease with which it can be understood. An unwritten constitution can be easily manipulated because it is not codified. Such a change in the United Kingdom could easily be done in a matter of hours. This clause is also often referred to as the necessary and proper or the sweeping clause. 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. 2. In the late 1770s the Thirteen Colonies of Britain wanted to separate and form their own nation. Disadvantages of unwritten constitutions. Advantages and Disadvantages of an Unwritten Constituion Essay. Thus it is only these select few who are able to interpret it and what is worrying is that these people might be the ones to connive in constitutional subversion. Such a situation is yet another route to avoidable conflicts within the government. 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. Unlike a unwritten constitution, a written constitution contained in a single document. The reverse is also true. Please confirm - Politics - English - The Free Dictionary Language Forums The womans right to vote was added to the amendments to give women equal rights. Identify and discuss the advantages and disadvantages of written and unwritten types of constitutions. 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. 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. The constitution is the set of laws, rules and practices that create the basic institutions of the state. This took place at Constitutional, Following the American Revolution, colonists faced the issue of creating a new form of government and order for their newly created country. 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. Non written traditions and customs carry greater weight in the United Kingdom as oppose to the written constitution. 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 foundation of the english constitution was laid in the 13th century by king john. 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. b) Because of the nature of the unwritten constitution, it is not easy to protect the rights of people effectively as . Many plans were proposed to unify the country as a whole. Among the advantages of the unwritten constitution is its ability to remain relevant to the needs of the people. I. The people were given a forum to express their desire or disgust for the proposed constitutional document. In a federal system, a person can compare political, social, and economic systems in different states and relocate to one they find more suitable. Notify me of follow-up comments by email. Israel, it is reported, has an unwritten constitution. 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. 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. While the advantages of an unwritten constitution make it look more desirable than the written one, there are equally many weaknesses of unwritten constitutions. This will be followed by criticisms against unwritten constitutions. However, due to the difference in perspective of how the nation should be governed, the Congress had a difficult time convincing the states to sign the constitution. A constitution is a body or framework of rules which constrains and checks government. It allows itself to be shaped by the needs of the people, adopting as required by circumstances. After a closer examination of the Articles of Confederation, delegates disregarded the Articles, following the failure of their original form of government. Any constitutional violation by the executive, such as a politician who abuses the power of his established office can be held accountable in court. //= $post_title 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. political figures and ordinary people who believe that Britain should have one. And it is also easier and faster to introduce an act of . Constitution: Definition, Sources,Types, Advantages And Disadvantages My Many people say that it does not matter whether a constitution is written or unwritten. Some of the major disadvantages of a written constitution include: Cast in stone. Note, again, that it is these demerits of the unwritten constitution that make some modern constitutional monarchies adopt a written constitution instead. The law is usually based on what is interpreted by the judiciary in previous decisions. Answer Text: Disadvantages of an unwritten constitution. One of the disadvantages of the written constitution is that it is considered rigid. There are many more if you look in the U.S. Constitution. The provisions of this type of constitution usually make reference to other provisions to ensure that the actual intent of the lawmakers are understood. 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. you to an academic expert within 3 minutes. Unwritten constitutions are the product of an evolution of laws and conventions over centuries. help. In an unwritten constitution it is difficult to determine whether or not something is or is not 'unconstitutional'. 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. Advantages And Disadvantages Of Unwritten Constitution. It can be found in article 1, section 8 of the constitution, clause 18. Fortunately, this is possible because no difficult amendment procedures are needed to update unwritten practices that are no longer serving the interest of society. Another disadvantage of an unwritten constitution is that it may be more susceptible to abuse and manipulation by those in power. 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. An unwritten constitution is not always clear because the constitution is not contained in one single document. Those are some of our rights and responsibilities as Americans. 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. 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. support@phdessay.com. Someone surely had to inspire the people who wrote it? For example, in 1997 the changing of the hereditary peer system and also further reforms to change the structure of parliament. 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 easier it is for government officials to quickly make decisions and implement them, the more efficient government machinery becomes. 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. Also, the smooth running of government may suffer if the unwritten rules are changed too frequently. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. Asante sana, It was indeed very helpful for my daughter, Your email address will not be published. Britain is one of the few countries that has an unwritten constitution. I really enjoy the effort put in. It is expensive to operate A written constitution is expensive to operate since amendment procedures usually cost time and money. This, therefore, constitutes one more of the advantages that an unwritten constitution has over the written one. This is another key advantage of a written constitution you should know. The disadvantage is that very few people k. Therefore, even illiterates do not need anyone to explain or interpret a good number of their constitutional conventions to them. Copyright 2023 Bscholarly LLC. The advantages of an unwritten constitution far outweigh the disadvantages (40) You must make a judgement. They are what make it more suitable for homogeneous societies with political traditions dating far back into their history. Your email address will not be published. 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. 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. Moreover, its all private and confidential. Also, a written constitution would prevent a government from interfering with any higher laws because there would be a higher law safeguarding the constitution. How would you contrast Amazon's business design with that of Barnes ; Noble before Barnes ; Noble went online? On the other hand, some scholars argue against this. Carbon-intensive sources of energy (i.e. harmony in order to life, Advantages and Disadvantages of an Unwritten Constituion. 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. Here are the main advantages and disadvantages of a federal 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. One of the controversies that arose from the creation of the Constitution was the question of management of commerce. The laws guiding the state are not contained in a single document so not every citizen even have access to it and so, most people dont know their rights and obligations. All matters regarding the constitution are addressed by parliament, which is composed of the House of Commons, who are the major participants and the House of Lords. Judges can be easily corrupted in cases where they have large debts or have vices that they need money to maintain. Here, the rules and regulations guiding the state is usually found in case law by the judiciary. with free plagiarism report. Lord Actions assumption was, power corrupts: absolute power corrupts absolutely. It is good that the British constitution will always takes into account these changes. The main disadvantage of an uncodified constitution is that it is harder to understand. These had to be patched through amendments, but have been honoured by Governments, and no dictatorship has been able to take hold of it. Smith v Selwyn: Facts issues and decision of the court, 21 Leading cases in the law of contract you should know, How to apply for law internship in any Law Firm, 2. This may not be based on any legal principle or statute. This type of constitution does not allow for a great amount of organic change over time and does not easily take into account the needs of the democratic system and the people. We are now going to identify the major advantages of unwritten constitutions.

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