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. From a customer's prospective, what are the advantages and. The provisions of this type of constitution usually make reference to other provisions to ensure that the actual intent of the lawmakers are understood. So, what is an unwritten constitution? 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. We have been diving deep into the major advantages and disadvantages of the unwritten constitution. He is also an expert digital marketer with proven skills in SEO content writing. A. 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. The entry of the United Kingdom into the European Union in 1973 was a major constitutional development, bringing Britain under the supranational jurisdiction of the European Union in a limited number of areas, which has gradually grown over the years. On the other hand, some scholars argue against this. This will understand the content of this article in depth. 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. 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. There are advantages and disadvantages to both types of constitutions. Informal As Americans, we also have responsibilities, stated in the Constitution. We'll not send Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. Overall, our nation experienced the majority of its change politically, and social issues, but change was still seen to a lesser extent economically. Last year the St. Vincent Government attempted constitutional reform, but needed a majority of seventy five percent of the voters in a referendum. This creates room for anyone to assume powers that do not belong to them under the constitution. Advantages and Disadvantages of an Unwritten Constituion Essay. All rights reserved, Advantages and Disadvantages of an Unwritten Constitution. 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 establishes literal legitimacy, its the real deal. this makes it unsuitable to accommodate social, political, and economic Dynamics of the environment. While the advantages of an unwritten constitution make it look more desirable than the written one, there are equally many weaknesses of unwritten constitutions. B) Identify two advantages and two disadvantages of an unwritten 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. The British people are proud and law abiding. The Pros and Cons of an 'Unwritten' Constitution Another disadvantage is that limits to state powers are not clearly expressed and this is of great concern to the knowledgeable people of British society. Essay, However judges are not accountable to anyone for their actions, whether they are right or dead wrong. Most British people would struggle to put their hands on what their rights are or in which text they can locate these literature. "African American defendants were sentenced to death at a significantly higher rate than similarly situated members of the racial groups." These disadvantages of the unwritten constitution make most modern states choose the written one over it. Others politicians are also asked to publicly account because in those cases the media intervene to voice the grievances of the people. Required fields are marked *. It is not so when the constitution is written because the law is always what the constitution says it is. 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 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. There are arguments as to whether an unwritten constitution is the best type of constitution or not. it lays emphasis on the rule of law and protects the fundamental rights of the individual. 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. The easier it is for government officials to quickly make decisions and implement them, the more efficient government machinery becomes. In addition to the points already made, an unwritten constitution is also advantageous because it does not give rise to so much litigation. Britain is one of the few countries that has an unwritten constitution. Parliament has unlimited law-making powers and there is no clear separation of powers among the three arms of the Government. An understanding of the constitution is obtained through reading commentary by the judiciary, government committees or legal experts.In such a constitutional system, all these elements may be (or may not be . For example, the German Federal Constitution which states that human dignity on the basis of human rights is protected. It allows itself to be shaped by the needs of the people, adopting as required by circumstances. France has a Constitutional Council which judges the constitutionality of laws before the ratification process. Your email address will not be published. Historically, Constitutions have held the incentive to be written in order to prevent the rule of absolute monarchs: US Constitution 1787, the French Declaration of Rights of Man and Citizen in 1789 and the UK Bill of Rights in 1689. Advantages and Disadvantages of Written and Unwritten - Phdessay Topic Overview This becomes a problem in multi-ethnic or multi-racial societies like Nigeria, India, South Africa and the United States of America where such needs have to be entrenched in written clauses. It may encourage the rise of dictatorship through manipulation and exploitation of its imprecise or unwritten provisions. In most countries the constitution is the ultimate source of legal . Was this information useful? The Government is straight jacketed, so absolute power cannot be the norm of the government. document.getElementById("ak_js_1").setAttribute("value",(new Date()).getTime()); This site uses Akismet to reduce spam. Encourages the evolution of the constitution. I explained this statement in my article on the advantages and disadvantages of a written constitution last week. The legislature makes laws and monitors the executive. A significant disadvantage, however, is that controversies may arise due to different understandings of the usages and customs which form the fundamental provisions of the constitution. Everything depends on the character of the people, they say. This may not be based on any legal principle or statute. You can also take as many online practice tests as you want on the SHS General Arts subjects. The legitimacy and longevity of codified constitutions have often been tied to the process by which they were initially adopted. This comes at no extra cost to you. Answer Text: Disadvantages of an 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. Unwritten constitution does not give rise to much litigation, Disadvantages of an unwritten constitution, 2. The advantages of an unwritten constitution far outweigh the disadvantages (40) You must make a judgement. Many plans were proposed to unify the country as a whole. A lot of change was brought about for the everyday lives of all kinds of the people. political figures and ordinary people who believe that Britain should have one. According to the article, two states, Connecticut and Pennsylvania both assigned a death penalty to two men who committed equally serious crimes. Those are some of our rights and responsibilities as Americans. It can be found in article 1, section 8 of the constitution, clause 18. It should be noted, however, that this can also be a disadvantage of an unwritten constitution too. 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. Type your requirements and I'll connect Another disadvantage of an unwritten constitution is that it may be more susceptible to abuse and manipulation by those in power. Below are some of the demerits of an unwritten constitution: 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. 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 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. The United States constitution is stuck with old provisions that people think are a bad idea, e. . Then share it on your favourite social media platform for the benefit of others you care about. The requirement for lengthy and complicated procedures to precede the amendment of a written constitution does not arise here. This is unlike written constitutions which often become necessary to cater for the interests of disparate ethnic groups that have been brought together under one artificially-created state. Here come the advantages of the unwritten constitution. We also have the responsibly to follow all the laws the government makes. Introduction Notify me of follow-up comments by email. spam or irrelevant messages, We use cookies to give you the best experience possible. Please confirm - Politics - English - The Free Dictionary Language Forums It is good that the British constitution will always takes into account these changes. See below the major disadvantages of a written constitution. It shows people of different class enjoying a game together. Many people say that it does not matter whether a constitution is written or unwritten. Do you think unwritten constitutions are better than written ones? The reason is because the flexible nature of the constitution will allow an unnecessary alterations on the constitution. Advantages and disadvantages of unwritten constitution. The Pros and 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. Carbon-intensive sources of energy (i.e. The constitution does not fit all types of government. The system allows economic, social, and political . 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). What's So Great About a Written Constitution? - The Atlantic The reverse is also true. Although there are differences between written and unwritten constitutions with respect to their advantages and disadvantages, one must carefully consider the usefulness of a constitution and its promotion of democracy and the rights and freedom of the people. A constitution sets out how all the elements of Government are organized and how power is carved up among different political units. One of the disadvantages of an unwritten constitution is it allows for flexibility in interpreting what is and is not lawful. It states many different things in it. To conclude, I believe that the advantages of an unwritten constitution far outweighs the disadvantages because it has always worked so changing it would be a waste of time, effort and money. Constitutional courts are powerful instruments of judicial review with the power to declare unconstitutional a law that is deemed incompatible with the constitution. This is equally a disadvantage of an unwritten constitution. A similar definition has been given by Merriam-webster dictionary, which defines an unwritten constitution as a constitution that is not embodied in a single document but based chiefly on custom and precedent as expressed in statutes and judicial decisions. An unwritten constitution can be easily manipulated because it is not codified. The laws have been flexible to allow Muslim men to have more than one wife in British society. Business Administration And it is also easier and faster to introduce an act of . Judges are unelected and socially do not represent the population which could lead to a democratic deficit because of a lack of democratic legitimacy, as the public could be subjected to opinions which they do not agree with but have been implemented due to the preferences of senior judges. What are the advantages and disadvantages of a written constitution There is therefore a real danger of the emergence of dictatorship and abuse of human rights. Thus, the possibility of people interpreting differently what a convention says about a particular procedure is very high. The Government was not able to get this majority, so they are stuck within the confines of their old constitution. 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. Disadvantages of an unwritten constitution. - Tutorke 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. Advantages And Disadvantages Of An Unwritten Constitution Each arm of the state keeps watch over the powers of the other. 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. The written document has an educational value in that it highlights the central values and overall goals of the political system. There are always litigation arising from violation of one rights or the other. Notwithstanding these advantages of the unwritten constitution, there still remain serious drawbacks to such a constitution. 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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 fundamental rights or the right to life are outlined. On one hand, if a written constitution was introduced it would affect the power of government, relationship between judges and politician and individual freedoms and rights. The Advantages and Disadvantages of an Unwritten Constitution in the Uk The judiciary is unique in that it is not elected, but it is independent. For example, in 1997 the changing of the hereditary peer system and also further reforms to change the structure of parliament. 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. After time most of these old provisions are ignored or never used in a modern society, since they are not relevant to the needs of the people. 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. 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. There are no limitations on the legislative body. The problem arouses when the two men applied a relief to the courts; Connecticut accepted it and Pennsylvania didn 't. There must be parameters established for any country to govern . 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. Advantages and disadvantages of the UK constitution 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. It is easily adapted to change and amendments. 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. After gaining their independence from Great Britain, the Americans colonies were struggling in establish a new stable nation. 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. Disadvantages Of Unwritten Constitution - 1623 Words | 123 Help Me you 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. 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. Written - cannot be changed easily to fit with contemporary values and ideas 2. 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. number: 206095338, E-mail us: 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. A Written Constitution: Written And Unwritten Constitution Britain's unwritten constitution | The British Library At the beginning of the English revolution of 1688 the English rose in rebellion against King James. 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. Advantages And Disadvantages Of Written And Unwritten Constitution 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. Two types of national constitutions that exist are the written (codified) constitution and the unwritten (uncodified) 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. Those making the case for a written constitution need to provide more information about which aspects are fixed, flexible and foreclosed. It is not adaptable to the changing social and economic conditions. For them, an unwritten constitution allows for dictatorship and easy altering of the provisions of the constitution. This strong gun control laws enhances a lower crime rate but that is not always the case.. We use cookies to give you the best experience possible. Disadvantages Of An Unwritten Constitution - 1055 Words | 123 Help Me States that have codified constitutions normally give the constitution supremacy over ordinary statute law. Meanwhile, before I will move to the crux of this work, i would like to define what an unwritten constitution is. In states operating the unwritten constitution, the rules governing the conduct of government business remain largely in the minds of the people. The Constitution on one hand would give the people a voice and the other would control the nation through a monarchy system. 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. Get expert help in mere As one man might have no shoes and rags, another might have a wig, suit. Sometimes it is hard to do all the work on your own. The gentleman went into the office of the Education Minister and demanded accountability. Here, the rules and regulations guiding the state is usually found in case law by the judiciary. After World Was Two the American troops seized covert plans from the Germans that outlined another future attempt by to unify Europe under German rule, but this time without the use of war. For example, many Arab countries have written constitutions that sound wonderful (human rights, elections, etc.) Division of power in this way ensures checks and balances within the system in a 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. Explains that the constitution of england is a classic example of an unwritten constitution. This means that compared to the unwritten one, the written constitution is easier to amend. A) What is meant by an unwritten constitution? In this essay I will discuss the advantages and disadvantages of an unwritten constitution and show that I agree with this statement. Retrieved from https://paperap.com/paper-on-essay-advantages-and-disadvantages-of-written-and-unwritten-constitutions/. Save time and let our verified experts help you. Major principle and key constitutional provisions are entrenched, safeguarding them from intervention by the Government of the day.