what are the disadvantages of unwritten constitution

political figures and ordinary people who believe that Britain should have one. 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. 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. However judges are not accountable to anyone for their actions, whether they are right or dead wrong. The United States constitution is stuck with old provisions that people think are a bad idea, e. . Note, again, that it is these demerits of the unwritten constitution that make some modern constitutional monarchies adopt a written constitution instead. One reason for this is that unwritten constitutions generally develop from the common social and political experiences of the people. In all other countries at the time, including Britain, political power is instituted by blood. 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. In most countries the constitution is the ultimate source of legal . 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. Advantages And Disadvantages Of Unwritten Constitution Historically the United Kingdom has not had a definition of individual rights and freedoms. Was this information useful? 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? What are the advantages and disadvantages of a constitution? The uncertainty of the provisions of an unwritten constitution is one of its major disadvantages. Then share it on your favourite social media platform for the benefit of others you care about. My What are the advantages and disadvantages of a written constitution Please confirm - Politics - English - The Free Dictionary Language Forums Type your requirements and I'll connect . 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. 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 United Kingdom has so far been a peaceful and stable country, whereas countries like China, Russia, North Korea, Vietnam and Myanmar all have written constitutions, but basic human rights are not enjoyed by a number of citizens of those countries. Under such circumstances, the unwritten constitution stands the danger of losing its credibility and power. 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. 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. it lays emphasis on the rule of law and protects the fundamental rights of the individual. Written - gives undemocratically elected judges a lot of power 4. Israel, it is reported, has an unwritten constitution. 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. 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 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. Your email address will not be published. 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. Compared to a written constitution, the unwritten constitution is unable to adequately cater for the special needs of minority groups. Did you know that we have over 70,000 essays on 3,000 topics in our It can be used for implementing programmes that will improve the living standards of the citizenry. This is good detailed work..? An unwritten constitution is less expensive to operate because ordinary acts of parliament rather than expensive special procedures are enough to amend it. In the next section of this post, we will highlight the disadvantages of the unwritten constitution. This creates room for anyone to assume powers that do not belong to them under the constitution. These disadvantages of the unwritten constitution make most modern states choose the written one over it. Britain's unwritten constitution | The British Library Answer (1 of 4): In a nation with an unwritten constitution, the constitution consists of tradition plus statute law. The UK's unwritten constitution has distinct advantages especially with regard to promotion of democracy, accountability, transparency, and mandate. Students looking for free, top-notch essay and term paper samples on various topics. 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. Copyright 2023 Bscholarly LLC. b) Because of the nature of the unwritten constitution, it is not easy to protect the rights of people effectively as . Advantages and disadvantages of unwritten constitution. The Pros and Unwritten constitutions are easier to understand because they are in the form of unwritten customs, norms and practices. The written documents of our unwritten constitution. 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. 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. Unwritten - it is hard to define exactly what is in the constitution Students also viewed written and unwritten constitutions 17 terms akhn23 Its flexible nature allows for compromise between organs or government in appropriate situations for the interest of the country. 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. The money which would have otherwise been spent on writing a constitution is saved. The constitution does not fit all types of government. It should be noted, however, that this can also be a disadvantage of an unwritten constitution too. 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. It is expensive to operate A written constitution is expensive to operate since amendment procedures usually cost time and money. (2018, Dec 17). From a customer's prospective, what are the advantages and. What are the disadvantages of an unwritten constitution? - Quora 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. Meanwhile, before I will move to the crux of this work, i would like to define what an unwritten constitution is. As founder and director at Cegast, he has successfully coached thousands of students for major international examinations. Higher laws are more difficult to change than the statute law. Copyright 2023 IPL.org All rights reserved. Disadvantages: 1. Required fields are marked *. There are many advantages and disadvantages to a written or unwritten constitution and it is hard to determine which type is favourable. This leaves a larger part of the job of interpreting the law to the discretion of the judiciary. As you many know, a good constitution is supposed to be clear, unambiguous and certain. Some of the major disadvantages of a written constitution include: Cast in stone. Last year the St. Vincent Government attempted constitutional reform, but needed a majority of seventy five percent of the voters in a referendum. Written - cannot be changed easily to fit with contemporary values and ideas 2. Disadvantages Of An Unwritten Constitution - 1055 Words | 123 Help Me 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. Each arm of the state keeps watch over the powers of the other. The gentleman went into the office of the Education Minister and demanded accountability. Here come the advantages of the unwritten constitution. get custom After gaining their independence from Great Britain, the Americans colonies were struggling in establish a new stable nation. The very high costs involved in drafting and promulgating into law a written constitution do not come into play here. In an unwritten constitution it is difficult to determine whether or not something is or is not 'unconstitutional'. On the other hand, one can argue, Disadvantages Of A Unwritten Constitution, An unwritten constitution is a problem or a miracle. With 27 amendments now (the most recent added in 1992) we have a lot of rights as Americans. 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. The system allows economic, social, and political . The Advantages and Disadvantages of an Unwritten | Studymode One of the controversies that arose from the creation of the Constitution was the question of management of commerce. Parliament has unlimited law-making powers and there is no clear separation of powers among the three arms of the Government. It is to a large extent written on the heart of the people and is based on the principles of justice, fairness and equality. This may not be based on any legal principle or statute. This is important during an emergency when quick decisive action is needed. Wait a moment and try again. The legitimacy and longevity of codified constitutions have often been tied to the process by which they were initially adopted. Uncodified constitution - Wikipedia The eighth amendment, which prevents cruel and unusual punishment, gained its popularity over the issue of death penalty. I, 8). The Constitution on one hand would give the people a voice and the other would control the nation through a monarchy system. What's So Great About a Written Constitution? - The Atlantic Thank you for supporting this project. For instance, in a national emergency, the government can act quickly without having to satisfy the demands of complex provisions as may be found in a written constitution. Disadvantages of unwritten constitutions. Unwritten constitution does not give rise to much litigation, Disadvantages of an unwritten constitution, 2. 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. spam or irrelevant messages, We use cookies to give you the best experience possible. I. What are the Advantages and Disadvantages of Slow Food and Fast Food? The easier it is for government officials to quickly make decisions and implement them, the more efficient government machinery becomes. 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. 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. A Written Constitution: Written And Unwritten Constitution Neurons: 22,062. The United States is known for having the best form of government for people to be included and have a say in their beliefs. Advantages and Disadvantages of Written and Unwritten Constitutions. Further, the lack of certainty is one of the most cited disadvantages of the unwritten 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 fundamental rights or the right to life are outlined. 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. The result is that the people feel much closer to their government and are more willing to participate in the political process. number: 206095338, E-mail us: Disadvantage of unwritten constitution? - Answers You will also find out examples of countries and societies that operate the unwritten constitution. Everything depends on the character of the people, they say. 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. 1. 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. In Argentina a state of emergency was declared 52 times to bypass constitutional guarantees. Your email address will not be published. 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. For example, the German Federal Constitution which states that human dignity on the basis of human rights is protected. The legislature can make laws but cannot hand down judgments or take executive action. Altogether these constitute the British constitutional Law. The constitution of Britain is the best example of an unwritten constitution. The first 10 were in the Bill of rights written way back in 1791 giving us in detail 10 rights as a citizen. 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. An unwritten constitution is based on the way of life 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. It is elastic to meet the present and future needs of the country. Advantages and Disadvantages of a Written Constitution Here are the main advantages and disadvantages of a federal constitution. It gets even worse, when people dig deeper and find out the racial discrimination that went on behind the scenes. Below are some of the countries in the world that have an unwritten constitution: Must read: Exceptions to the rule in Adams v Lindsell (Every lawyer should know this). A majority is needed in Parliament to attempt any kind of modification. 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. Hope this article was helpful? The Constitution on one hand would give the people a voice and the other would control the nation through a monarchy system. What are the advantages and disadvantages of an unwritten Constitution 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 also take as many online practice tests as you want on the SHS General Arts subjects. 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. 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. The reverse is also true. The American constitution also draws reference to God. Table of content Introduction: Financing decisions and investment decisions are considered to be two of the most vital decisions that corporations have to take. Disadvantages Of A Unwritten Constitution | ipl.org See below the major disadvantages of a written constitution. The power of the legislature is constrained, cutting its sovereignty down to size. It entailed the unification of Europe which Hitler wanted to achieve by use of force and the military, and the ultimate destruction of America. There is no single document to refer to when one is in doubt. This is a disadvantage of an unwritten constitution and it is mostly criticized by scholars. Unwritten constitutions are the product of an evolution of laws and conventions over centuries. It is not so when the constitution is written because the law is always what the constitution says it is. Its flexibility makes the law to grow with the social life, trends, customs and tradition of the people. For example, in 1997 the changing of the hereditary peer system and also further reforms to change the structure of parliament. There are arguments as to whether an unwritten constitution is the best type of constitution or not. A constitution sets out how all the elements of Government are organized and how power is carved up among different political units. 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. Compare and contrast written and unwritten constitutions. Which type of //= $post_title 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. Informal Asante sana, It was indeed very helpful for my daughter, Your email address will not be published. What are the Merits and demerits of Written Constitution? Need urgent help with your paper? 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. These had to be patched through amendments, but have been honoured by Governments, and no dictatorship has been able to take hold of it. Unwritten constitutions are flexible as they are not entrenched, and flexibility is extremely important and useful as the modern day is constantly changing. help. (Document 1), In this article, "Death Penalty Receives Another Blow, This Time In Pennsylvania" by Sam Wright from Above The Law, Mr. Wright discusses the controversy over death penalty and the difference between states deciding the standards of it. After a closer examination of the Articles of Confederation, delegates disregarded the Articles, following the failure of their original form of government. Advantages and disadvantages of the UK constitution They are insulated from outside interference. Instead Britain's laws, policies and codes are developed through statutes, common law, convention and more recently E. U law. 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. 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. 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. If conventions are allowed to evolve with the passage of time, the unwritten constitution can hardly become outmoded. Advantages and Disadvantages of Written and Unwritten Constitutions ?>, 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. Throughout the country there were public meetings and consultation with the people. Easy and quick decision making in time of urgency, 3. Constitutional courts are powerful instruments of judicial review with the power to declare unconstitutional a law that is deemed incompatible with the constitution. A historic constitution which in the years has a lot of changes and interventions from outsides powers, separations of . 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. Simply put, an unwritten constitution is a type of constitution that is not contained or documented in a single document. And it is also easier and faster to introduce an act of . Someone surely had to inspire the people who wrote it? assignments. They are what make it more suitable for homogeneous societies with political traditions dating far back into their history. In this essay, the author Advantages and Disadvantages of an Unwritten Constitution 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. Since the British constitution is the product of evolution of laws and conventions over centuries which include written source and e. g. constitutional statutes enacted by Parliament (House of Communities Act 1972, Human Rights Act 1998), and also unwritten sources such as constitutional conventions, observation of precedents, royal prerogatives, customs and traditions , such as always holding a General Election on Thursdays. The challenge is to ensure that the executives do not wield its authority without being contained by the other branches. France has a Constitutional Council which judges the constitutionality of laws before the ratification process. Major principle and key constitutional provisions are entrenched, safeguarding them from intervention by the Government of the day. Below are some of the merits of an unwritten constitution: This is evidently one of the known advantages of an unwritten constitution. Advantages And Disadvantages Of An Unwritten Constitution Retrieved from https://paperap.com/paper-on-essay-advantages-and-disadvantages-of-written-and-unwritten-constitutions/.

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