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There are many more if you look in the U.S. Constitution. So, what is an unwritten constitution? Something went wrong. Similarly, the relative ease with which unwritten rules and procedures can be changed could result in too many unnecessary changes. Without a clear and established set of rules, this can make it more difficult to ascertain what is legal and what is not. 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. And it is also easier and faster to introduce an act of . It should be noted, however, that this can also be a disadvantage of an unwritten constitution too. This is actually one of the biggest disadvantages of having an unwritten constitution in a state. Also, a written constitution would prevent a government from interfering with any higher laws because there would be a higher law safeguarding the constitution. The requirement for lengthy and complicated procedures to precede the amendment of a written constitution does not arise here. Fortunately, this is possible because no difficult amendment procedures are needed to update unwritten practices that are no longer serving the interest of society. This means that compared to the unwritten one, the written constitution is easier to amend. Let me know what you think in a brief comment below. Unwritten constitutions are easier to understand because they are in the form of unwritten customs, norms and practices. ?>, 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. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. It is expensive to operate A written constitution is expensive to operate since amendment procedures usually cost time and money. This may make the peaceful resolution of disagreements difficult. Every government provides services for their citizens. Sample Essay on the Disadvantages of a Written Constitution Disadvantages of an unwritten constitution Below are some of the demerits of an unwritten constitution: 1. Type your requirements and I'll connect The ceremonial preamble of the Trinidad and Tobagos constitution makes reference to the supremacy of God, fundamental human rights and freedoms. There are arguments as to whether an unwritten constitution is the best type of constitution or not. support@phdessay.com. 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. Cost analysis is one of the. Copyright 2023 IPL.org All rights reserved. These had to be patched through amendments, but have been honoured by Governments, and no dictatorship has been able to take hold of it. ?>. The last disadvantage is the question of British sovereignty. help. Save time and let our verified experts help you. Althou. Long-held traditions are a part and parcel of the peoples culture. (2017, Apr 13). Under such circumstances, the unwritten constitution stands the danger of losing its credibility and power. Advantages of the Unwritten Constitution (and Disadvantages) 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. Unwritten constitution grows with the people, 4. For them, an unwritten constitution allows for dictatorship and easy altering of the provisions of the constitution. Compare and contrast written and unwritten constitutions. Which type of Then share it on your favourite social media platform for the benefit of others you care about. The very high costs involved in drafting and promulgating into law a written constitution do not come into play here. Asante sana, It was indeed very helpful for my daughter, Your email address will not be published. (If it is a common-law nation, it also consists of common law, which is effectively another kind of tradition, and judicial precedents.) Identify and discuss the advantages and disadvantages of written and unwritten types of constitutions. Explore how the human body functions as one unit in In Argentina a state of emergency was declared 52 times to bypass constitutional guarantees. The constitution of Britain is the best example of an unwritten constitution. 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. Try again In democratic countries, General Elections are held ever so often so that the people can decide who forms the next Government. A written constitution may also have an educational value as it highlights the central values and goals in the political system. This information has been declassified within recent years. spam or irrelevant messages, We use cookies to give you the best experience possible. Constitutional courts are powerful instruments of judicial review with the power to declare unconstitutional a law that is deemed incompatible with the constitution. 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. Thus, the possibility of people interpreting differently what a convention says about a particular procedure is very high. 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,. Advantages and disadvantages of written constitution and unwritten Unwritten constitution is the result of long process and natural growth of political constitutions of the country. An example is the British constitution. 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The third disadvantage is that constitutional supremacy resides with non elected judges rather than with public accountable politicians. One reason for this is that unwritten constitutions generally develop from the common social and political experiences of the people. Advantages and Disadvantages of Written and Unwritten - Phdessay 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. You will also find out examples of countries and societies that operate the unwritten constitution. 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. There is no single document to refer to when one is in doubt. Your email address will not be published. It is not so when the constitution is written because the law is always what the constitution says it is. 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). The power of the legislature is constrained, cutting its sovereignty down to size. These also exist in common law, treaties with foreign powers, analysis and comments made by experts such as politicians and academia. Constitutions exist as national and regional. Many experts view written constitutions as rigid documents which are deeply entrenched in the governing system of a country. Throughout the country there were public meetings and consultation with the people. 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. 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. In document three, it is shown that different classes of people still interact. 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. Unlike a written constitution, an unwritten constitution is flexible and easy to amend. The Advantages and Disadvantages of an Unwritten | Studymode One has to question the diplomatic motives behind the driving force of the European Union and its acceptance of Britain into the Union, so Britain should seriously think about it sovereign erosion. A Written Constitution: Written And Unwritten Constitution Let us help you get a good grade on your paper. We also have the responsibly to follow all the laws the government makes. The other disadvantage is that only a select few can acquire such knowledge of the unwritten constitution since they are scattered across many documents. A constitution establishes literal legitimacy, its the real deal. We have the responsibility to vote in the elections. The next disadvantage is that delete and insert can be done on the constitution if by chance one day a written one is implemented. This comes at no extra cost to you. Minor violations would go unnoticed because the average citizen is not aware of the various types of British laws. 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 shows people of different class enjoying a game together. They are what make it more suitable for homogeneous societies with political traditions dating far back into their history. The American constitution also draws reference to God. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. The written document has an educational value in that it highlights the central values and overall goals of the political system. 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. Another disadvantage of a written constitution is that there may be tyranny within the judiciary. Search for jobs related to Advantages and disadvantages of written constitution and unwritten constitution or hire on the world's largest freelancing marketplace with 22m+ jobs. 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. 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. This leaves a larger part of the job of interpreting the law to the discretion of the judiciary. On the other hand, one can argue, Disadvantages Of A Unwritten Constitution, An unwritten constitution is a problem or a miracle. It gets even worse, when people dig deeper and find out the racial discrimination that went on behind the scenes. This is another key advantage of a written constitution you should know. An unwritten constitution is not always clear because the constitution is not contained in one single document. On the other hand, another advantage of a written constitution is that it would end elective dictatorship, where, as long as a government is elected, it can effectively do as it wishes because it often maintains a majority over the House of Commons and therefore can pass any laws it wishes to. Another disadvantage of unwritten constitutions which has been commonly cited, is the lack of clarity leading to greater difficulty in enforcing the law. Thus it tends to bind them together. A) What is meant by an unwritten constitution? I will try as much as possible to clear your doubts and help you understand the topic better. 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. This will understand the content of this article in depth. Compared to a written constitution, the unwritten constitution is unable to adequately cater for the special needs of minority groups. . 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. An "unwritten" constitution is a problem or a miracle. A budget is basically. Also, easier amendment procedures associated with the unwritten constitution mean a lesser waste of money, time and other resources. Britain's unwritten constitution | The British Library The challenge is to ensure that the executives do not wield its authority without being contained by the other branches. 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? This will help you to understand why some countries have a written constitution and others have an unwritten constitution. 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. According to the article, two states, Connecticut and Pennsylvania both assigned a death penalty to two men who committed equally serious crimes. He is also an expert digital marketer with proven skills in SEO content writing. 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. 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. The written documents of our unwritten constitution. A majority is needed in Parliament to attempt any kind of modification. Many people say that it does not matter whether a constitution is written or unwritten. The ability of ordinary people to challenge the actions of various institutions of Government is formally limited to the acts of public authority by section six. Higher laws are more difficult to change than the statute law. collected. 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. You can use it as an example when writing 2. These are the major characteristics of a good constitution. A lot of change was brought about for the everyday lives of all kinds of the people. 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. The Revolution of the 13 Colonies of America was truly revolutionary. Based on this, I think it is clear that unwritten constitution has its own advantages (merits) and disadvantages (demerits). I explained this statement in my article on the advantages and disadvantages of a written constitution last week. It sets up major governing institutions, assigns institutions their given power, and places explicit and implicit control on power that given to them. 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. In other words, to understand the provisions of the constitution, one may have search for other laws that explains the 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. This is good detailed work..? Prone to Revolution: A country with a written constitution is liable to face political upheavals because of the rigidity of its constitutional framework. The laws have been flexible to allow Muslim men to have more than one wife in British society. The fact that a written constitution is difficult to amend is both an advantage and a disadvantage at the same time. The British constitution exists in every single piece of legislation ever passed in Parliament. There are always litigation arising from violation of one rights or the other. Answered, Advantages And Disadvantages of Cooperative Society, Most Socialist Countries In The World 2022: Top 10, Most Isolated Countries In The World 2022: Top 10, Best Congratulation Messages to Your Friends, Family & Co-workers, Advantages And Disadvantages Of Commercialization, Best Countries To Study Abroad 2023: Top 12 Easiest, Advantages And Disadvantages Of a Limited Liability Company (LLC), Advantages And Disadvantages Of Privatization. Leaves the state free to develop the law for the benefit of the citizens. While the advantages of an unwritten constitution make it look more desirable than the written one, there are equally many weaknesses of unwritten constitutions. Unwritten constitutions are the product of an evolution of laws and conventions over centuries. 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. get custom An unwritten constitution is usually unclear, uncertain or unintelligible. Do you think unwritten constitutions are better than written ones? Disadvantages of an unwritten constitution. - Tutorke This may not be based on any legal principle or statute. This makes it difficult to include new aspects in the constitution. However judges are not accountable to anyone for their actions, whether they are right or dead wrong. On the other hand a written constitution can be considered rigid. By continuing well assume youre on board with our cookie policy, Dont waste Your Time Searching For a Sample, Essay On Nuclear Energy And Advantages And Disadvantages, Advantages And Disadvantages Of Science And Technology, The Advantages and Disadvantages of Using an External and Internal Evaluator in an Evaluation, The Responsibilities and Techniques, Advantages and Disadvantages of the Language Teacher, The Advantages and Disadvantages of Governments Providing Free Health Care, Advantages And Disadvantages Of The Impacts Of Tourism Tourism Essay, Advantages And Disadvantages Of Work Life Balance Social Work Essay, What are Advantages and Disadvantages of Doing Business on the Internet, Advantages and Disadvantages of Direct Selling, The Advantages and Disadvantages of One Mass Media, ASK writer for Have you ever thought to yourself, where did the Constitution come from? All rights reserved, Advantages and Disadvantages of an Unwritten Constitution. The Constitution is not an elitist document because of the equal benefits provided to man, the need of social classes, and the check of power. It does not allow full scope for growth and development. Order custom essay Advantages and Disadvantages of an Unwritten Constituion (U.S Const., art. The Constitution is supreme over ordinary statute law. Get expert help in mere It entailed the unification of Europe which Hitler wanted to achieve by use of force and the military, and the ultimate destruction of America. can use them for free to gain inspiration and new creative ideas for their writing I will earn a commission if you follow a link to purchase a product. An entrenched constitution cannot be altered in any way by a legislature as part of its normal business concerning ordinary statutory laws. 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 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. Individual liberty is more securely protected and authorative Government is kept at bay. Thank you! PhDessay is an educational resource where over 1,000,000 free essays are Unwritten constitution examples. America's Unwritten Constitution 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.