Which constitution is in an unwritten form? 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. The problem arouses when the two men applied a relief to the courts; Connecticut accepted it and Pennsylvania didn 't. In the late 1770s the Thirteen Colonies of Britain wanted to separate and form their own nation. First and foremost is Magna Carta (1215), the 'Great Charter of the Liberties of England'. Before beginning to comment on the usefulness of corporate budget, it is important to know what is the meaning and purpose of budget for a corporation. 2. For example, many Arab countries have written constitutions that sound wonderful (human rights, elections, etc.) He is also an expert digital marketer with proven skills in SEO content writing. You can use it as an example when writing 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. On July 4, 1776 they signed a declaration this was the Declaration of Independence declaring these colonies a new independent nation. Let me know what you think in a brief comment below. 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. 1. Ralph teaches English for Academic Purposes (EAP) online. Need urgent help with your paper? get custom help. I will earn a commission if you follow a link to purchase a product. If conventions are allowed to evolve with the passage of time, the unwritten constitution can hardly become outmoded. There is therefore a real danger of the emergence of dictatorship and abuse of human rights. Youre right and Im going to talk about 3 of some of the most important documents that influenced the Constitution. number: 206095338, E-mail us: fossil fuels) are among the most used sources of energy to date. An unwritten constitution allows easy and quick decisions to meet exigencies of the government and national life. 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? 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. can use them for free to gain inspiration and new creative ideas for their writing b) Because of the nature of the unwritten constitution, it is not easy to protect the rights of people effectively as . 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. 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. It is now time to dive into the shortcomings of the unwritten constitution. In most countries the constitution is the ultimate source of legal . I. Wait a moment and try again. Further, the lack of certainty is one of the most cited disadvantages of the unwritten constitution. In essence, this clause offers a way for the US Congress to achieve its constitutional mandated ends(The Heritage Foundation, 2011). In this paper, I will be focusing on the divergence. 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. Everything depends on the character of the people, they say. Required fields are marked *. What are the advantages and disadvantages of a written constitution? Some may claim that the Constitution is no longer relevant because it was written in 1787 therefore, it is outdated and cannot fit the many needs of modern day society and it is restricted to the minds of The Founding Fathers who constructed it rather than the people of the United States. An uncodified constitution is a type of constitution where the fundamental rules often take the form of customs, usage, precedent and a variety of statutes and legal instruments. In other words, the reason why an unwritten constitution may be considered more desirable than the written one stems from the merits that the written constitution lacks. 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. 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. Smith v Selwyn: Facts issues and decision of the court, 21 Leading cases in the law of contract you should know, How to apply for law internship in any Law Firm, 2. As you many know, a good constitution is supposed to be clear, unambiguous and certain. 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. Save time and let our verified experts help you. 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. Take for instance, it is apparently foolhardy to have an unwritten constitution in a federal and heterogeneous state. Unwritten constitutions are easier to understand because they are in the form of unwritten customs, norms and practices. The United States is known for having the best form of government for people to be included and have a say in their beliefs. 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. There are always litigation arising from violation of one rights or the other. The third disadvantage is that constitutional supremacy resides with non elected judges rather than with public accountable politicians. During the 1970s, 1980s and early 1990s the well known drug dealer and killer Dole Chadee had every single one of his cases dismissed at the Princes Town Magistrates court, and it was the same judge who sat on those cases, because he was not accountable to anyone, not even the Prime Minister at the time. At the beginning of the English revolution of 1688 the English rose in rebellion against King James. 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. Israel, it is reported, has an unwritten constitution. One of the disadvantages of the written constitution is that it is considered rigid. Essay. Your email address will not be published. In this essay I will discuss the advantages and disadvantages of an unwritten constitution and show that I agree with this statement. 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. you to an academic expert within 3 minutes. The result is that the people feel much closer to their government and are more willing to participate in the political process. This is a disadvantage of an unwritten constitution and it is mostly criticized by scholars. 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. 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. This will understand the content of this article in depth. This is another key advantage of a written constitution you should know. 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. Its flexibility makes the law to grow with the social life, trends, customs and tradition of the people. As Americans, we also have responsibilities, stated in the Constitution. Its unwritten nature may make the ascertainment of its precise provisions and content uneasy and subject to individual opinion and level of enlightenment. So, what is an unwritten constitution? Within the last couple of years the Peoples National Movement under the Prime Minister Patrick Manning, of Trinidad and Tobago attempted constitutional reform, but they did not have a majority in Parliament so they went about it in a different way. Under such circumstances, the unwritten constitution stands the danger of losing its credibility and power. The British people are extremely proud of their monarchy, their historical achievements, their progressive democracy, their freedom and dignity. July 2002 WAEC Economics Questions and Answers, 2001 WAEC Economics Questions and Answers (Nov-Dec), WASSCE 2000 Economics Questions and Answers, WASSCE 2002 Economics Past Questions and Answers, How the Israelites Showed a Lack of Faith During the Exodus, WAEC 1999 Economics Questions and Answers, WAEC 1998 Economics Questions and Answers, WAEC 1997 Economics Questions and Answers, WAEC 1995 Economics Questions and Answers, WAEC 1994 Economics Questions and Answers, WAEC 1993 Economics Past Questions and Answers, Advantages of a Written Constitution (and Disadvantages), Second Class Citizen Summarized: Plot Summary, Themes & Characters, 50+ List of Characters in Second Class Citizen, Top 20 Disadvantages of Digital Technology, 20+ Sample WASSCE English Summary Questions and Answers, Chapter by Chapter Summaries of Second Class Citizen, Are Alison Diploma Courses Legit? PhDessay is an educational resource where over 1,000,000 free essays are Many changes in the constitution were made to please the people who once had suffered tyrannies. the right to bear arms and the right to a jury trial in federal cases involving more than twenty dollars. 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,. 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. An entrenched constitution cannot be altered in any way by a legislature as part of its normal business concerning ordinary statutory laws. They are what make it more suitable for homogeneous societies with political traditions dating far back into their history. your own essay or use it as a source, but you need In states operating the unwritten constitution, the rules governing the conduct of government business remain largely in the minds of the people. 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. It is a common sight to see judges at exclusive casinos in Trinidad and Tobago. This, therefore, constitutes one more of the advantages that an unwritten constitution has over the written one. This makes it difficult to include new aspects in the constitution. On the other hand a written constitution can be considered rigid. This is because, an unwritten constitution may not work properly in a federation. There are many advantages and disadvantages to a written or unwritten constitution and it is hard to determine which type is favourable. Thank you! Unlike a unwritten constitution, a written constitution contained in a single document. 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. In this senior high school Government tutorial, we shall first discuss the advantages of the unwritten constitution. On the other hand, some scholars argue against this. An unwritten constitution is usually unclear, uncertain or unintelligible. The fundamental rights or the right to life are outlined. One reason for this is that unwritten constitutions generally develop from the common social and political experiences of the people. The constitution of the United States had many unforeseen shortcomings which the Founding Fathers could not have envisioned over two hundred years ago. In this article, i will comprehensively discuss the advantages and disadvantages of an unwritten constitution. The advantages of an unwritten constitution far outweigh the disadvantages (40) You must make a judgement. Lord Actions assumption was, power corrupts: absolute power corrupts absolutely. Neurons: 22,062. Written - gives undemocratically elected judges a lot of power 4. The reason is because the flexible nature of the constitution will allow an unnecessary alterations on the constitution. It entailed the unification of Europe which Hitler wanted to achieve by use of force and the military, and the ultimate destruction of America. Every government provides services for their citizens. 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. All rights reserved, Advantages and Disadvantages of an Unwritten Constitution. 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? Did you know that we have over 70,000 essays on 3,000 topics in our 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. Do you think unwritten constitutions are better than written ones? Instead Britain's laws, policies and codes are developed through statutes, common law, convention and more recently E. U law. Prone to Revolution: A country with a written constitution is liable to face political upheavals because of the rigidity of its constitutional framework. 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. An unwritten constitution can be easily manipulated because it is not codified. These disadvantages of the unwritten constitution make most modern states choose the written one over it. With 27 amendments now (the most recent added in 1992) we have a lot of rights as Americans. Table of content Introduction: Financing decisions and investment decisions are considered to be two of the most vital decisions that corporations have to take. The provisions of this type of constitution usually make reference to other provisions to ensure that the actual intent of the lawmakers are understood. A Bill of Rights place limitations on the Government and creates an area of freedom for the people. As a kind of deal or contract between those in power and those who are subjected to this power, a constitution defines the rights and duties of citizens and the devices that keep those in power in check. Topic Overview My 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. 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. Unwritten constitution does not give rise to much litigation, Disadvantages of an unwritten constitution, 2. document.getElementById("ak_js_1").setAttribute("value",(new Date()).getTime()); This site uses Akismet to reduce spam. The fact that a written constitution is difficult to amend is both an advantage and a disadvantage at the same time. Easy and quick decision making in time of urgency, 3. This will be followed by criticisms against unwritten constitutions. The constitution is "the set of laws, rules and practices that create the basic institutions of the state". Thus, an unwritten constitution is more likely to speed up the work of government, Advantages and Disadvantages of a Written Constitution, Why Conventions in a Constitution Are Important, Political Party Quiz for Government Students, 12 Reasons Why the Convention Peoples Party Dominated Ghanaian Politics from 1951 to 1966, WAEC 2021 Government Questions and Answers. Here comes a typical WAEC/WASSCE past question on the advantages and disadvantages of the unwritten constitution. The UK's unwritten constitution has distinct advantages especially with regard to promotion of democracy, accountability, transparency, and mandate. 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. Such a situation is yet another route to avoidable conflicts within the government.
How To Add Chord Slashes In Musescore 3, What Did The Menendez Brothers Parents Do To Them, Articles W
what are the disadvantages of unwritten constitution 2023