what are the disadvantages of unwritten constitution

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. 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 . Britain's unwritten constitution | The British Library a) It gives the courts too much work in handling matters as they search for constitutional principles not only in judicial decisions but in different statutes and customs. For example, in 1997 the changing of the hereditary peer system and also further reforms to change the structure of parliament. 6 Types of constitutions: their advantages and disadvantages The second disadvantage of the written constitution is that Government power may be more effectively constrained by regular elections than by a constitutional document. 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. Unwritten - it is hard to define exactly what is in the constitution Students also viewed written and unwritten constitutions 17 terms akhn23 It states many different things in it. 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. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. 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. Advantages and Disadvantages of Written and Unwritten - Phdessay In fact, more than 85% of all primary energy on. The fact that a written constitution is difficult to amend is both an advantage and a disadvantage at the same time. It gets even worse, when people dig deeper and find out the racial discrimination that went on behind the scenes. What is the UK Constitution? - The Constitution Unit - UCL number: 206095338, E-mail us: Ralph teaches English for Academic Purposes (EAP) online. The power of the legislature is constrained, cutting its sovereignty down to size. You can use it as an example when writing In document three, it is shown that different classes of people still interact. (If it is a common-law nation, it also consists of common law, which is effectively another kind of tradition, and judicial precedents.) Althou. Moreover, its all private and confidential. In addition to the points already made, an unwritten constitution is also advantageous because it does not give rise to so much litigation. Flexible and responsive to changing circumstances. Notwithstanding these advantages of the unwritten constitution, there still remain serious drawbacks to such a constitution. Last among the disadvantages of the unwritten constitution I want you to know is the hazy nature of the separation of powers in such a constitutional arrangement. 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 womans right to vote was added to the amendments to give women equal rights. Constitutions exist as national and regional. Also, the smooth running of government may suffer if the unwritten rules are changed too frequently. 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. After a closer examination of the Articles of Confederation, delegates disregarded the Articles, following the failure of their original form of government. Thus, a written constitution would create less confusion and the meaning about laws and rights may be greater enforced. Written - gives undemocratically elected judges a lot of power 4. The Articles of Confederation was thought of as a failure after Shays Rebellion; an act of dissent by Daniel Shay in which farmers lost their, Of all modern democracies, the United States, Great Britain, and France are among the most exemplary illustrations of liberal democracy. Such a change in the United Kingdom could easily be done in a matter of hours. It is believed that the safest nations have very strict gun control laws. As you many know, a good constitution is supposed to be clear, unambiguous and certain. The draft proposed constitution was printed and widely distributed to citizens of the country so that their views were shared. This clause is also often referred to as the necessary and proper or the sweeping clause. 48 Vitosha Boulevard, ground floor, 1000, Sofia, Bulgaria Bulgarian reg. It is expensive to operate A written constitution is expensive to operate since amendment procedures usually cost time and money. In the next section of this post, we will highlight the disadvantages of the unwritten constitution. The advantages of an unwritten constitution far outweigh the disadvantages (40) You must make a judgement. There are arguments as to whether an unwritten constitution is the best type of constitution or not. b) Because of the nature of the unwritten constitution, it is not easy to protect the rights of people effectively as . On the other hand, some scholars argue against this. Another disadvantage of a written constitution is that there may be tyranny within the judiciary. 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. It is a common sight to see judges at exclusive casinos in Trinidad and Tobago. This is a disadvantage of an unwritten constitution and it is mostly criticized by scholars. Non political judges are able to police the constitution to ensure that its provisions are upheld by other public bodies. get custom But the meeting eventually ended up in creating the United States 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. The advantages of the unwritten constitution include its greater flexibility, quick decision making, improved government efficiency, currency, prevention of conflicts, ease of understanding and lower cost of creation and amendment. The requirement for lengthy and complicated procedures to precede the amendment of a written constitution does not arise here. 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. 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. A constitution establishes literal legitimacy, its the real deal. 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. 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. Someone surely had to inspire the people who wrote it? The British constitution exists in every single piece of legislation ever passed in Parliament. We also have the responsibly to follow all the laws the government makes. 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. As founder and director at Cegast, he has successfully coached thousands of students for major international examinations. An uncodified constitution is unwritten, or at least not written all in one document. 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 grows over a long time from the way of life of the people. 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. 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. The other disadvantage is that only a select few can acquire such knowledge of the unwritten constitution since they are scattered across many documents. 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 is good detailed work..? Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. 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. For that reason, I believe the U.S. Constitution is revolutionary because it was created to establish a system of government far from monarchy, For many years, the U.S. Constitution has become a pinnacle aspect in the debates between political parties and raises a question yet to be answered: Is the Constitution still relevant? Such a situation is yet another route to avoidable conflicts within the government. We can see that although the United Kingdom does not have a written document, it is the oldest and one of the greatest democracies in the world. The result is that the people feel much closer to their government and are more willing to participate in the political process. 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. Can a constitution be unwritten? - sempoa.jodymaroni.com What are the advantages and disadvantages of a written constitution Unwritten constitution grows with the people, 4. Thus it tends to bind them together. Carbon-intensive sources of energy (i.e. Below are some of the merits of an unwritten constitution: This is evidently one of the known advantages of an unwritten constitution. 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. Fortunately, this is possible because no difficult amendment procedures are needed to update unwritten practices that are no longer serving the interest of society. 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. As one man might have no shoes and rags, another might have a wig, suit. As a result of being partly written and partly unwritten, most unwritten constitutions rely on many practices or conventions, that is, constitutional practices which are not necessarily legal rules (E.g the constitution of Britain). Your email address will not be published. It should be noted, however, that this can also be a disadvantage of an unwritten constitution too. As a result no one, especially a corrupt politician can interfere in the work of the constitutional courts. Then share it on your favourite social media platform for the benefit of others you care about. It can be used for implementing programmes that will improve the living standards of the citizenry. Here comes a typical WAEC/WASSCE past question on the advantages and disadvantages of the unwritten constitution. The disadvantage is that very few people k. Uncodified constitution - Wikipedia The problem arouses when the two men applied a relief to the courts; Connecticut accepted it and Pennsylvania didn 't. An uncodified constitution has the advantages of elasticity, adaptability and resilience. This changes also knowns as a revolution-- Revolution is forcible overthrow of a government or social order in favor of a new system. It is to a large extent written on the heart of the people and is based on the principles of justice, fairness and equality. Advantages of the Unwritten Constitution - LawTeacher.net A Written Constitution: A Case Not Made - OUP Academic Those are some of our rights and responsibilities as Americans. A constitution sets out how all the elements of Government are organized and how power is carved up among different political units. 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. The gentleman went into the office of the Education Minister and demanded accountability. 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. See below the major disadvantages of a written constitution. Judges in Trinidad and Tobago and the rest of the Commonwealth Caribbean are appointed by the various Judicial and Legal Service Commissions. You can also take as many online practice tests as you want on the SHS General Arts subjects. . This information has been declassified within recent years. 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. The reason is because the flexible nature of the constitution will allow an unnecessary alterations on the constitution. An example is the British constitution. Its flexible nature allows for compromise between organs or government in appropriate situations for the interest of the country. 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. 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. 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. Some of the major disadvantages of a written constitution include: Cast in stone. Disadvantages Of An Unwritten Constitution - 1055 Words | 123 Help Me This will help you to understand why some countries have a written constitution and others have an unwritten constitution. The legitimacy and longevity of codified constitutions have often been tied to the process by which they were initially adopted. 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. 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.

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