In this essay I will discuss the advantages and disadvantages of an unwritten constitution and show that I agree with this statement. Disadvantages of the UK adopting a written constitution There are also many argument against the UK adopting a written constitution. Individual liberty is more securely protected and authorative Government is kept at bay. assignments. 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. ALSO READ: Check here to see the admission and disadvantages of a written constitution. They are insulated from outside interference. Overall, our nation experienced the majority of its change politically, and social issues, but change was still seen to a lesser extent economically. The Constitution on one hand would give the people a voice and the other would control the nation through a monarchy system. It's free to sign up and bid on jobs. 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. From a customer's prospective, what are the advantages and. An example is the British constitution. help. Before beginning to comment on the usefulness of corporate budget, it is important to know what is the meaning and purpose of budget for a corporation. Can appear vague and uncertain - no single agreed source. The constitution does not fit all types of government. Cost analysis is one of the. This may not be based on any legal principle or statute. A Bill of Rights place limitations on the Government and creates an area of freedom for the people. "African American defendants were sentenced to death at a significantly higher rate than similarly situated members of the racial groups." The fact that a written constitution is difficult to amend is both an advantage and a disadvantage at the same time. An unwritten constitution can be easily manipulated because it is not codified. cite it. Have you ever thought to yourself, where did the Constitution come from? 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. The written document has an educational value in that it highlights the central values and overall goals of the political system. It is not adaptable to the changing social and economic conditions. support@phdessay.com. Simply put, an unwritten constitution is a type of constitution that is not contained or documented in a single document. It sets up major governing institutions, assigns institutions their given power, and places explicit and implicit control on power that given to them. The Constitution is supreme over ordinary statute law. How would you contrast Amazon's business design with that of Barnes ; Noble before Barnes ; Noble went online? With 27 amendments now (the most recent added in 1992) we have a lot of rights as Americans. your own essay or use it as a source, but you need The fourth disadvantage of a written constitution is that constitutional provisions are enshrined in customs and conventions and may be more widely respected because they have been endorsed by history and not invented or drawn up by humans On major advantage of the unwritten constitution is its flexibility and responsiveness to change. Required fields are marked *. Answer Text: Disadvantages of an unwritten 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. Learn how your comment data is processed. This is good detailed work..? 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? 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. You can use it as an example when writing The legislature makes laws and monitors the executive. As one man might have no shoes and rags, another might have a wig, suit. What are the advantages and disadvantages of a unwritten Constitution? 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. This is one of the major feature of an unwritten constitution and it may not be suitable for a federal system of government. Although these three nations share the characteristics of liberal democracies, they differ greatly in multiple facets of their respective political cultures. 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. Minor violations would go unnoticed because the average citizen is not aware of the various types of British laws. Advantages of unwritten constitutions. 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 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. In the next section of this post, we will highlight the disadvantages of the unwritten constitution. 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. For them, an unwritten constitution allows for dictatorship and easy altering of the provisions of the constitution. 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). It has its own disadvantages and that is what we will be looking at below. By continuing well assume youre on board with our Compared to a written constitution, the unwritten constitution is unable to adequately cater for the special needs of minority groups. Additional materials, such as the best quotations, synonyms and word definitions to make your writing easier are also offered here. Its unwritten nature makes it uneasy to quickly ascertain the unconstitutionality of an act. Copyright 2023 Bscholarly LLC. Another disadvantage of unwritten constitutions which has been commonly cited, is the lack of clarity leading to greater difficulty in enforcing the law. Judges in Trinidad and Tobago and the rest of the Commonwealth Caribbean are appointed by the various Judicial and Legal Service Commissions. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. 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. political figures and ordinary people who believe that Britain should have one. Ralph teaches English for Academic Purposes (EAP) online. 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. In all other countries at the time, including Britain, political power is instituted by blood. Someone surely had to inspire the people who wrote it? The Constitution may be legally flexible, political factors may impede radical constitutional reform. Your email address will not be published. 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. Copyright 2023 IPL.org All rights reserved. ?>. 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. 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. I will earn a commission if you follow a link to purchase a product. This creates room for anyone to assume powers that do not belong to them under the constitution. 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! 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. The German Constitutional Court is a special court dedicated solely to the protection of the constitution. A constitution sets out how all the elements of Government are organized and how power is carved up among different political units. number: 206095338, E-mail us: 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. A written constitution is one that is contained in a single document which is the one source of constitutional law in a state. It contains rules about what power is wielded, who wields it and over whom it is wielded in the governing of a country. Established in 1787 The Constitution was a controversial document because it was a document that could both solve the nation's hardships and warped the Republican foundation. This, therefore, constitutes one more of the advantages that an unwritten constitution has over the written one. However judges are not accountable to anyone for their actions, whether they are right or dead wrong. For example, in 1997 the changing of the hereditary peer system and also further reforms to change the structure of parliament. Now, if you want more high school Government tutorials like this one, there are tons of WAEC/WASSCE Government study guides at Cegast Academy. The executive makes policy, proposes laws and implements laws passed by the legislatures and the judiciary tries cases and administer justice. As Americans, we also have responsibilities, stated in the Constitution. In addition, this system recognizes a citizen's right to exit a state. 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. In addition to the points already made, an unwritten constitution is also advantageous because it does not give rise to so much litigation. It entailed the unification of Europe which Hitler wanted to achieve by use of force and the military, and the ultimate destruction of America. Constitutional courts are powerful instruments of judicial review with the power to declare unconstitutional a law that is deemed incompatible with the constitution. database? An "unwritten" constitution is a problem or a miracle. There are no limitations on the legislative body. In most countries the constitution is the ultimate source of legal . Encourages the evolution of the constitution.
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