While the advantages of an unwritten constitution make it look more desirable than the written one, there are equally many weaknesses of unwritten constitutions. A budget is basically. After gaining their independence from Great Britain, the Americans colonies were struggling in establish a new stable nation. 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. One disadvantage of the written constitution is that it is more rigid and may therefore be less responsive and adaptable than an unwritten one. 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. 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 Similarly, the relative ease with which unwritten rules and procedures can be changed could result in too many unnecessary changes. Learn how your comment data is processed. An unwritten constitution is less expensive to operate because ordinary acts of parliament rather than expensive special procedures are enough to amend it. As founder and director at Cegast, he has successfully coached thousands of students for major international examinations. In addition to the points already made, an unwritten constitution is also advantageous because it does not give rise to so much litigation. The Advantages and Disadvantages of an Unwritten | Studymode 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. Difficult to change. For example, many Arab countries have written constitutions that sound wonderful (human rights, elections, etc.) It is good that the British constitution will always takes into account these changes. Answer Text: Disadvantages of an unwritten constitution. Advantages of Written and Unwritten Constituation - Studocu 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. 1. 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. A constitution establishes literal legitimacy, its the real deal. 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. 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. 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. This information has been declassified within recent years. Wait a moment and try again. The last disadvantage is the question of British sovereignty. Sample Essay on the Disadvantages of a Written Constitution Advantages and disadvantages or written/unwritten - Quizlet The Revolution of the 13 Colonies of America was truly revolutionary. ALSO READ: Check here to see the admission and disadvantages of a written constitution. 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. Advantages And Disadvantages Of Written And Unwritten Constitution Advantages of unwritten constitutions. This clause is also often referred to as the necessary and proper or the sweeping clause. So, what is an unwritten constitution? Advantages and Disadvantages of an Unwritten Constitution (2017, Apr 13). An unwritten constitution can be easily manipulated because it is not codified. What many people do not know is, what influenced the United States Constitution and the founding fathers in writing.The idea of the Constitution was brought up after the failures of Articles of Confederation. 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 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. I, 8). Constitution: Definition, Sources,Types, Advantages And Disadvantages 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. 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. 1. Disadvantages of an unwritten constitution. - Tutorke (2018, Dec 17). In an unwritten constitution it is difficult to determine whether or not something is or is not 'unconstitutional'. fossil fuels) are among the most used sources of energy to date. Thank you! It is to a large extent written on the heart of the people and is based on the principles of justice, fairness and equality. It is expensive to operate A written constitution is expensive to operate since amendment procedures usually cost time and money. 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. It's free to sign up and bid on jobs. document.getElementById("ak_js_1").setAttribute("value",(new Date()).getTime()); This site uses Akismet to reduce spam. Written - gives undemocratically elected judges a lot of power 4. Advantages and Disadvantages of Written and Unwritten Constitutions. Unlike a unwritten constitution, a written constitution contained in a single document. Apparently, these arguments are correct but i would like to settle with the point that, the best type of constitution depends, so much, on the political nature of the state or country in which it is practiced. What are the advantages and disadvantages of a written constitution 2. your own essay or use it as a source, but you need But the meeting eventually ended up in creating the United States Constitution. Minimizing conflict situations in both the government and society as a whole is one of the major advantages of the unwritten constitution. This is important during an emergency when quick decisive action is needed. Among the advantages of the unwritten constitution is its ability to remain relevant to the needs of the people. The second disadvantage of the written constitution is that Government power may be more effectively constrained by regular elections than by a constitutional document. The womans right to vote was added to the amendments to give women equal rights. 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. In all other countries at the time, including Britain, political power is instituted by blood. 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. This comes at no extra cost to you. 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. I will try as much as possible to clear your doubts and help you understand the topic better. Advantages and Disadvantages of Written and Unwritten Constitutions Advantages and disadvantages of written constitution and unwritten The gentleman went into the office of the Education Minister and demanded accountability. The eighth amendment, which prevents cruel and unusual punishment, gained its popularity over the issue of death penalty. What's So Great About a Written Constitution? - The Atlantic The Government is straight jacketed, so absolute power cannot be the norm of the government. This will understand the content of this article in depth. Disadvantages of unwritten constitutions. All rights reserved, Advantages and Disadvantages of an Unwritten Constitution. A) What is meant by an unwritten constitution? get custom Many people say that it does not matter whether a constitution is written or unwritten. 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. So, before I give you all the points for writing an essay on the pros and cons of an unwritten constitution, I would like us to begin with a brief definition of the unwritten constitution. What are the Merits and demerits of Written Constitution? The Constitution gives us rights that nobody can take away from us. 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. Neurons: 22,062. Identify and discuss the advantages and disadvantages of written and unwritten types of constitutions. The Constitution is supreme over ordinary statute law. In response to the public 's outrage, Governor Wolf hastily granted reprieves "from all planned executions." The UK has an unwritten constitution unlike the U. S. A. Retrieved from https://paperap.com/paper-on-essay-advantages-and-disadvantages-of-written-and-unwritten-constitutions/. I explained this statement in my article on the advantages and disadvantages of a written constitution last week. 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 Advantages and Disadvantages of an Unwritten Constitution in the Uk A majority is needed in Parliament to attempt any kind of modification. In Argentina a state of emergency was declared 52 times to bypass constitutional guarantees. An unwritten constitution is one where the laws or rules and regulations establishing the institutions of government have not been formally written in a single document. Constitutions - written and unwritten Flashcards | Quizlet Here, the rules and regulations guiding the state is usually found in case law by the judiciary. PhDessay is an educational resource where over 1,000,000 free essays are I will earn a commission if you follow a link to purchase a product. There are advantages and disadvantages to both types of constitutions. An entrenched constitution cannot be altered in any way by a legislature as part of its normal business concerning ordinary statutory laws. We cannot end our discussion of the advantages of the unwritten constitution without mentioning the ease with which it can be understood. 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 laborious process of amendment does not have to be done simply because a minor change in political practice. While the advantages of an unwritten constitution make it look more desirable than the written one, there are equally many weaknesses of unwritten constitutions. political figures and ordinary people who believe that Britain should have one. The people were given a forum to express their desire or disgust for the proposed constitutional document. Business Administration 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. 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. The power of the legislature is constrained, cutting its sovereignty down to size. It is not so when the constitution is written because the law is always what the constitution says it is. Every government provides services for their citizens. According to the article, two states, Connecticut and Pennsylvania both assigned a death penalty to two men who committed equally serious crimes. Individual liberty is more securely protected and authorative Government is kept at bay. 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. The reason is because the flexible nature of the constitution will allow an unnecessary alterations on the constitution. 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. In addition, this system recognizes a citizen's right to exit a state. One of their hobbies is gambling, and it is well known that most gamblers are always in debt because the mathematical probability of all gambling games is designed for the players to lose most of the time. 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. The Facts, 11 Causes of the Rise of Nationalism in Africa, 150+ WAEC English Essay Past Questions (PDF), 50+ General Arts Job Opportunities for Students, 22 Reading Comprehension Past Questions and Answers, 20 Best Productivity Apps for Students (Free & Paid), 36 Best Online Fitness Courses (with Certificates), 20 Free Financial Literacy Classes Online (Adults and Students), Free Online Finance Courses List for Beginners, 50+ List of Jobs in Finance for All Graduates, 50+ Essay Writing Software for Students to Download (Free and Paid), Top 5 Online German Language Courses for Beginners (Free), 30+ Free Online Healthcare Courses for Beginners, 10 Life-Changing Benefits of Studying Literature, 50+ Free English Learning Apps to Download. 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. Most British people would struggle to put their hands on what their rights are or in which text they can locate these literature. 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. Many plans were proposed to unify the country as a whole. It states many different things in it. Answer (1 of 4): In a nation with an unwritten constitution, the constitution consists of tradition plus statute law. Accordingly, it is not wise or advantageous to have a written constitution in a unitary state. Neither is it definite. 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. 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. The UK's unwritten constitution has distinct advantages especially with regard to promotion of democracy, accountability, transparency, and mandate. Leaves the state free to develop the law for the benefit of the citizens. It is not adaptable to the changing social and economic conditions. It does not allow full scope for growth and development. In democratic countries, General Elections are held ever so often so that the people can decide who forms the next Government. In states operating the unwritten constitution, the rules governing the conduct of government business remain largely in the minds of the people. Written - prevents discussion 3. Its flexible nature allows for compromise between organs or government in appropriate situations for the interest of the country. Additional materials, such as the best quotations, synonyms and word definitions to make your writing easier are also offered here. Retrieved from https://phdessay.com/advantages-and-disadvantages-of-an-unwritten-constituion/, Hire skilled expert and get original paper in 3+ hours, Run a free check or have your essay done for you, Didn`t find the right sample? (If it is a common-law nation, it also consists of common law, which is effectively another kind of tradition, and judicial precedents.) Israel, it is reported, has an unwritten constitution. There is no single document to refer to when one is in doubt. There must be parameters established for any country to govern . No doubt, this is a disadvantage of an unwritten constitution you should know too. You will also find out examples of countries and societies that operate the unwritten constitution. With less waste of time on constitutional wrangling and more effective consensus building, the government will be better placed to carry out its mandate. This leaves ample room for officials with sinister motives to bend the customs and traditions to their will. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. Advantages of the Unwritten Constitution (and Disadvantages) Advantages and Disadvantages of an Unwritten Constituion Disadvantages: 1. 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. B) Identify two advantages and two disadvantages of an unwritten constitution. The Pros and Cons of an Unwritten Constitution in the UK | Bartleby Division of power in this way ensures checks and balances within the system in a country. 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. Instead Britain's laws, policies and codes are developed through statutes, common law, convention and more recently E. U law. A written constitution is one that is contained in a single document which is the one source of constitutional law in a state.