If conventions are allowed to evolve with the passage of time, the unwritten constitution can hardly become outmoded. Let us help you get a good grade on your paper. 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. 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. 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? The United States constitution is stuck with old provisions that people think are a bad idea, e. . Its flexibility makes the law to grow with the social life, trends, customs and tradition of the people. 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. 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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. spam or irrelevant messages, We use cookies to give you the best experience possible. We cannot end our discussion of the advantages of the unwritten constitution without mentioning the ease with which it can be understood. 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. An advantage of the UK constitution is that it takes into account of changing views. Others politicians are also asked to publicly account because in those cases the media intervene to voice the grievances of the people. Encourages the evolution of the constitution. By way of conclusion, i must point the fact that an unwritten constitution is always the best type of constitution in time of emergency because it can be easily amended. This information has been declassified within recent years. The provisions of this type of constitution usually make reference to other provisions to ensure that the actual intent of the lawmakers are understood. support@phdessay.com. The advantages of an unwritten constitution far outweigh the disadvantages (40) You must make a judgement. It is a common sight to see judges at exclusive casinos in Trinidad and Tobago. Essay, The third disadvantage is that constitutional supremacy resides with non elected judges rather than with public accountable politicians. The Constitution on one hand would give the people a voice and the other would control the nation through a monarchy system. This changes also knowns as a revolution-- Revolution is forcible overthrow of a government or social order in favor of a new system. 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. ?>. One of the key areas governments focus their attention on is public health care. Elastic Clause. It is elastic to meet the present and future needs of the country. In states operating the unwritten constitution, the rules governing the conduct of government business remain largely in the minds of the people. After a closer examination of the Articles of Confederation, delegates disregarded the Articles, following the failure of their original form of government. 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. Neither is it definite. 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. One disadvantage of the written constitution is that it is more rigid and may therefore be less responsive and adaptable than an unwritten one. Advantages of unwritten constitutions. Was this information useful? To learn more about his experiences as an online entrepreneur, visit his other website, Advantages of the Unwritten Constitution (and Disadvantages). Historically the United Kingdom has not had a definition of individual rights and freedoms. 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. political figures and ordinary people who believe that Britain should have one. 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. A written constitution may also have an educational value as it highlights the central values and goals in the political system. Advantages and Disadvantages of Written and Unwritten Constitutions. The law is usually based on what is interpreted by the judiciary in previous decisions. Citizens have the benefit of receiving free health care. Thank you! Unlike a unwritten constitution, a written constitution contained in a single document. Required fields are marked *. (2018, Dec 17). Your email address will not be published. It contains rules about what power is wielded, who wields it and over whom it is wielded in the governing of a country. 1. An "unwritten" constitution is a problem or a miracle. 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. 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. 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. Fortunately, this is possible because no difficult amendment procedures are needed to update unwritten practices that are no longer serving the interest of society. Under such circumstances, the unwritten constitution stands the danger of losing its credibility and power. 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 judiciary is unique in that it is not elected, but it is independent. The constitution of the United States had many unforeseen shortcomings which the Founding Fathers could not have envisioned over two hundred years ago. Rigidity: A written constitution is rigid and inelastic. A Bill of Rights place limitations on the Government and creates an area of freedom for the people. It is believed that the safest nations have very strict gun control laws. Individual liberty is more securely protected and authorative Government is kept at bay. However, a written constitution is unnecessary in countries who do not have one as many believe that the unwritten constitutional nature of, for example, UK politics has ensured a long history of democracy, and written constitutions may not be the most effective way of limiting government power. 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,. Therefore the unwritten constitution allows for a great amount of organic change over time, to easily take into account the changing times and needs of the democratic system. At the beginning of the English revolution of 1688 the English rose in rebellion against King James. The other disadvantage is that only a select few can acquire such knowledge of the unwritten constitution since they are scattered across many documents. The system allows economic, social, and political . The eighth amendment, which prevents cruel and unusual punishment, gained its popularity over the issue of death penalty. Instead Britain's laws, policies and codes are developed through statutes, common law, convention and more recently E. U law. This leaves ample room for officials with sinister motives to bend the customs and traditions to their will. In most countries the constitution is the ultimate source of legal . Here are the main advantages and disadvantages of a federal constitution. Wait a moment and try again. In democratic countries, General Elections are held ever so often so that the people can decide who forms the next Government. These are the major characteristics of a good constitution. It is not adaptable to the changing social and economic conditions. 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. This leaves a larger part of the job of interpreting the law to the discretion of the judiciary. . number: 206095338, E-mail us: The UK's unwritten constitution has distinct advantages especially with regard to promotion of democracy, accountability, transparency, and mandate. An unwritten constitution is not always clear because the constitution is not contained in one single document. A lot of change was brought about for the everyday lives of all kinds of the people. 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. The written document has an educational value in that it highlights the central values and overall goals of the political system. The constitution is protected by the legal bodies of the courts, such as the Supreme Court, the Constitutional Courts or the High Courts of the various countries. b) Because of the nature of the unwritten constitution, it is not easy to protect the rights of people effectively as . Need urgent help with your paper? It is to a large extent written on the heart of the people and is based on the principles of justice, fairness and equality. Difficult to change. There are no single document/documents, which contain it; though many sources may be found describing it. A constitution is a body or framework of rules which constrains and checks government. This, therefore, constitutes one more of the advantages that an unwritten constitution has over the written one. During the 1970s, 1980s and early 1990s the well known drug dealer and killer Dole Chadee had every single one of his cases dismissed at the Princes Town Magistrates court, and it was the same judge who sat on those cases, because he was not accountable to anyone, not even the Prime Minister at the time. Thank you for supporting this project. Some may claim that the Constitution is no longer relevant because it was written in 1787 therefore, it is outdated and cannot fit the many needs of modern day society and it is restricted to the minds of The Founding Fathers who constructed it rather than the people of the United States. A historic constitution which in the years has a lot of changes and interventions from outsides powers, separations of . Here come the advantages of the unwritten constitution. this makes it unsuitable to accommodate social, political, and economic Dynamics of the environment. Simply put, an unwritten constitution is a type of constitution that is not contained or documented in a single document. Flexible and responsive to changing circumstances. cookie policy. Learn how your comment data is processed. The requirement for lengthy and complicated procedures to precede the amendment of a written constitution does not arise here. Constitutions exist as national and regional. The British people are extremely proud of their monarchy, their historical achievements, their progressive democracy, their freedom and dignity. In addition to the points already made, an unwritten constitution is also advantageous because it does not give rise to so much litigation. Business Administration 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. And it is also easier and faster to introduce an act of . And when you subscribe to our newsletter, you stand the chance to receive regular updates of new posts and the latest news happening at Cegast Academy. It's free to sign up and bid on jobs. The money which would have otherwise been spent on writing a constitution is saved. 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. ?>, 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. Someone surely had to inspire the people who wrote it? This is why nations like Canada, Israel etc, stll have an unwritten constitution to today. ALSO READ: Check here to see the admission and disadvantages of a written 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. Other core principles of the British Constitution include the rule of law, the separation of government into executive, legislative, and judicial branches, the accountability of ministers to parliament, and the independence of the judiciary. You can use it as an example when writing This is a disadvantage of an unwritten constitution and it is mostly criticized by scholars. 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 By continuing well assume youre on board with our Another disadvantage of unwritten constitutions which has been commonly cited, is the lack of clarity leading to greater difficulty in enforcing the law. It can be found in article 1, section 8 of the constitution, clause 18. Therefore individual rights remained dependent on the ad hoc statutory protection or upon judicial protection under common law. Minor violations would go unnoticed because the average citizen is not aware of the various types of British laws. 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. 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. This may make the peaceful resolution of disagreements difficult. 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. Non written traditions and customs carry greater weight in the United Kingdom as oppose to the written constitution. He is also an expert digital marketer with proven skills in SEO content writing. . I explained this statement in my article on the advantages and disadvantages of a written constitution last week. A constitution establishes literal legitimacy, its the real deal. With less waste of time on constitutional wrangling and more effective consensus building, the government will be better placed to carry out its mandate. 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. 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 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. 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. It gets even worse, when people dig deeper and find out the racial discrimination that went on behind the scenes. 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. Due to this inflexible nature of a written constitution it is difficult to ensure the constitution is up to date and relevant to current times as they cannot be changed easily and therefore it is harder for the government to respond to changing social, economic and political circumstances. 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. 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 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 post may contain affiliate links. The laws have been flexible to allow Muslim men to have more than one wife in British society. Written - gives undemocratically elected judges a lot of power 4. Also, a written constitution would prevent a government from interfering with any higher laws because there would be a higher law safeguarding the constitution. On the other hand, one can argue, Disadvantages Of A Unwritten Constitution, An unwritten constitution is a problem or a miracle. The draft proposed constitution was printed and widely distributed to citizens of the country so that their views were shared. Here comes a typical WAEC/WASSCE past question on the advantages and disadvantages of the unwritten constitution. It may encourage the rise of dictatorship through manipulation and exploitation of its imprecise or unwritten provisions. Our unwritten constitution is old fashioned, and . 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. Disadvantages: 1. Each arm of the state keeps watch over the powers of the other. The written documents of our unwritten constitution. 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. An example is the British constitution. 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. Save my name, email, and website in this browser for the next time I comment. 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.
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