what are the disadvantages of unwritten constitutionwhat are the disadvantages of unwritten constitution

number: 206095338, E-mail us: The American constitution also draws reference to God. The advantages of an unwritten constitution far outweigh the disadvantages (40) You must make a judgement. . It is more relevant to the aspirations of the people and can stand the test of time since it develops from their actual experiences. 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. essay, The Advantages and Disadvantages of Government Hospital and Free Health Care, An Analysis of the Advantages and Disadvantages of Carbon Fuels and Alternative Energy Sources, Different Management Approaches and Their Advantages and Disadvantages, Johanna's Employee Payment and Incentive System: Advantages and Disadvantages, The Importance of Cost Analysis in Financial and Investment Decisions: A Review of Concepts, Advantages, and Disadvantages, Advantages and Disadvantages of Amazon and Barnes & Noble's Business Designs for Customers, Advantages and Disadvantages of Corporate Budgets, Advantages And Disadvantages Of An Armed Public, Write 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. The laws have been flexible to allow Muslim men to have more than one wife in British society. The uncertainty of the provisions of an unwritten constitution is one of its major disadvantages. In other words, to understand the provisions of the constitution, one may have search for other laws that explains the constitution. There is no single document to refer to when one is in doubt. While the advantages of an unwritten constitution make it look more desirable than the written one, there are equally many weaknesses of unwritten constitutions. Since there is no single document containing all constitutional provisions, it is almost impossible to refer to such a constitution. Rigidity: A written constitution is rigid and inelastic. This may strengthen the populations feeling of belonging to the country as it creates a clearer sense of political identity. An unwritten constitution is less expensive to operate because ordinary acts of parliament rather than expensive special procedures are enough to amend it. Unwritten constitution examples. America's Unwritten Constitution Fortunately, this is possible because no difficult amendment procedures are needed to update unwritten practices that are no longer serving the interest of society. The constitution of Britain is the best example of an unwritten constitution. It states many different things in it. I really enjoy the effort put in. Written - gives undemocratically elected judges a lot of power 4. Disadvantages: 1. Below are some of the merits of an unwritten constitution: This is evidently one of the known advantages of an unwritten constitution. Youre right and Im going to talk about 3 of some of the most important documents that influenced the Constitution. Sometimes it is hard to do all the work on your own. The advantages of an unwritten constitution far outweigh the disadvantages (40) You must make a judgement. Neurons: 22,062. Advantages And Disadvantages Of Unwritten 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. 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 . All rights reserved, Advantages and Disadvantages of an Unwritten Constitution. Those making the case for a written constitution need to provide more information about which aspects are fixed, flexible and foreclosed. Leaves the state free to abuse it's . you to an academic expert within 3 minutes. cite it. We can see here that government is capable to enact laws, using the power of the Crown with the Parliament of course, which no other body can challenge, and the judiciary based in these statutes and laws can make also the precedents or else common. The first 10 were in the Bill of rights written way back in 1791 giving us in detail 10 rights as a citizen. Advantages and Disadvantages of an Unwritten Constituion 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. In addition to the points already made, an unwritten constitution is also advantageous because it does not give rise to so much litigation. Everything depends on the character of the people, they say. There are always litigation arising from violation of one rights or the other. Of course, unwritten constitutions also contain difficulties: They may produce an overreliance on convention; often, they have no agreed-upon standard for constitutional change; and they. The second disadvantage of the written constitution is that Government power may be more effectively constrained by regular elections than by a constitutional document. Although these three nations share the characteristics of liberal democracies, they differ greatly in multiple facets of their respective political cultures. 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. 1. 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. Lord Actions assumption was, power corrupts: absolute power corrupts absolutely. The easier it is for government officials to quickly make decisions and implement them, the more efficient government machinery becomes. Constitutions - written and unwritten Flashcards | Quizlet 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 German Constitutional Court is a special court dedicated solely to the protection of the constitution. 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. See below the major disadvantages of a written constitution. 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. 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 constitution establishes literal legitimacy, its the real deal. Get expert help in mere In this essay I will discuss the advantages and disadvantages of an unwritten constitution and show that I agree with this statement. Uncodified constitution - Wikipedia The written document has an educational value in that it highlights the central values and overall goals of the political 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. Something went wrong. 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. This will be followed by criticisms against unwritten constitutions. Advantages and Disadvantages of an Unwritten Constitution 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. This creates room for anyone to assume powers that do not belong to them under the constitution. 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,. An entrenched constitution cannot be altered in any way by a legislature as part of its normal business concerning ordinary statutory laws. There are many more if you look in the U.S. Constitution. A lot of change was brought about for the everyday lives of all kinds of the people. Compare and contrast written and unwritten constitutions. Which type of 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. The Pros and Cons of an 'Unwritten' Constitution Notwithstanding these advantages of the unwritten constitution, there still remain serious drawbacks to such a constitution. The Government was not able to get this majority, so they are stuck within the confines of their old constitution. Answer (1 of 4): In a nation with an unwritten constitution, the constitution consists of tradition plus statute law. Now, if you want more high school Government tutorials like this one, there are tons of WAEC/WASSCE Government study guides at Cegast Academy. An "unwritten" constitution is a problem or a miracle. In the United States, elections are held every four years, but a President cannot serve more than two terms, so he cannot run for office after his second term is up. This information has been declassified within recent years. For example, in 1997 the changing of the hereditary peer system and also further reforms to change the structure of parliament. Sample Essay on the Disadvantages of a Written 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. Advantages of the Unwritten Constitution - LawTeacher.net Introduction 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. Advantages And Disadvantages Of An Unwritten Constitution 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. With written constitutions a higher law is more difficult to change and it is easier and quicker to introduce an Act of Parliament than to alter a constitution. Further, the lack of certainty is one of the most cited disadvantages of the unwritten constitution. In the next section of this post, we will highlight the disadvantages of the unwritten constitution. A written constitution is one that is contained in a single document which is the one source of constitutional law in a state. 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. it lays emphasis on the rule of law and protects the fundamental rights of the individual. What are the disadvantages of an unwritten constitution? - Quora (2018, Dec 17). 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. 1. Unwritten constitutions are the product of an evolution of laws and conventions over centuries. It is easily adapted to change and amendments. Constitutions of pre-colonial African states were unwritten. The Parliament could easily fox a written constitution to serve itself and executive members without the public ever being aware of this. In states operating the unwritten constitution, the rules governing the conduct of government business remain largely in the minds of the people. Unlike a written constitution, an unwritten constitution is flexible and easy to amend. This type of constitution does not allow for a great amount of organic change over time and does not easily take into account the needs of the democratic system and the people. It is quite common for out of date or unworkable bits of laws to be discarded for new procedures and customs. In all other countries at the time, including Britain, political power is instituted by blood. So, what is an unwritten constitution? The other disadvantage is that only a select few can acquire such knowledge of the unwritten constitution since they are scattered across many documents. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. Thus, a written constitution would create less confusion and the meaning about laws and rights may be greater enforced. can use them for free to gain inspiration and new creative ideas for their writing 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. Non political judges are able to police the constitution to ensure that its provisions are upheld by other public bodies. It is expensive to operate A written constitution is expensive to operate since amendment procedures usually cost time and money. Because Johanna is a well known brand and have a huge market share sales representatives can. Judges can be easily corrupted in cases where they have large debts or have vices that they need money to maintain. The chief factor accounting for this is that the functions of the various organs of government have not been spelt out in black and white. Order custom essay Advantages and Disadvantages of an Unwritten Constituion One disadvantage of the written constitution is that it is more rigid and may therefore be less responsive and adaptable than an unwritten one. It does not allow full scope for growth and development. Written - prevents discussion 3. The Constitution gives us rights that nobody can take away from us. As one man might have no shoes and rags, another might have a wig, suit. Easy and quick decision making in time of urgency, 3. Long-held traditions are a part and parcel of the peoples culture. Like i said before, an unwritten constitution is not free from flaws. Our unwritten constitution is old fashioned, and . Division of power in this way ensures checks and balances within the system in a country. The last disadvantage is the question of British sovereignty. Advantages and disadvantages of written constitution and unwritten The British people are proud and law abiding. Individual liberty is more securely protected and authorative Government is kept at bay. 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. 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. 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. 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. Such a change in the United Kingdom could easily be done in a matter of hours. The founding fathers had a meeting on what improvements should be made to the Articles of Confederation. The third disadvantage is that constitutional supremacy resides with non elected judges rather than with public accountable politicians. This is a disadvantage of an unwritten constitution and it is mostly criticized by scholars. A constitution is a body of fundamental principles or established precedents according to which a state or organization is governed, especially when embodying the rights of subjects. This means that compared to the unwritten one, the written constitution is easier to amend. One of the key areas governments focus their attention on is public health care. Its unwritten nature may make the ascertainment of its precise provisions and content uneasy and subject to individual opinion and level of enlightenment. Also, easier amendment procedures associated with the unwritten constitution mean a lesser waste of money, time and other resources. Parliament has unlimited law-making powers and there is no clear separation of powers among the three arms of the Government. Accordingly, it is not wise or advantageous to have a written constitution in a unitary state. 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? 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. 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. The responsibility of the court is to protect constitutionally established rights and freedom. The Constitution on one hand would give the people a voice and the other would control the nation through a monarchy system. 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. Here come the advantages of the unwritten constitution. These also exist in common law, treaties with foreign powers, analysis and comments made by experts such as politicians and academia. Business Administration fossil fuels) are among the most used sources of energy to date. The laws guiding the state are not contained in a single document so not every citizen even have access to it and so, most people dont know their rights and obligations. 48 Vitosha Boulevard, ground floor, 1000, Sofia, Bulgaria Bulgarian reg. The judiciary is unique in that it is not elected, but it is independent. Hope this article was helpful? Thus, many people dont bring actions in court because they cannot predict the outcome of the courts decision which is not based on a written law. It should be noted, however, that this can also be a disadvantage of an unwritten constitution too. If conventions are allowed to evolve with the passage of time, the unwritten constitution can hardly become outmoded. 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. Informal The fact that a written constitution is difficult to amend is both an advantage and a disadvantage at the same time. Flexible and responsive to changing circumstances. Its flexibility makes the law to grow with the social life, trends, customs and tradition of the people. Judges in Trinidad and Tobago and the rest of the Commonwealth Caribbean are appointed by the various Judicial and Legal Service Commissions. They are what make it more suitable for homogeneous societies with political traditions dating far back into their history. In democratic countries, General Elections are held ever so often so that the people can decide who forms the next Government.