Advantages of Written and Unwritten Constituation PDF

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THE ADVANTAGES AND DISADVANTAGES OF WRITTEN AND UNWRITTEN CONSTITUTIONS what is a constitution? A constitution can be defines as a document which sets out the distribution of powers between, and the principal functions of a state's organs of government. In addition to this, most constitutions include a list of rights which people living in a state must enjoy. Most constitutions are forms after independence. There are two types of constitutions 'Written' (codified) and 'unwritten' (uncodified) constitutions. The terms 'Rigid' and 'Flexible' were used by Dicey (The Law of the Constitution, ed. Wade, 10th edition, 1959). Dicey described 'Flexible' constitution as “One under which every laws of every description can legally be changed with the same ease and in the same manner by one or the same body.” for example the UK constitution. He defined 'Rigid' constitution as” One under which a certain law generally known as constitutional or fundamental laws cannot be changed in the same manner as ordinary laws. For example the US constitution.

Unwritten Constitutions There are only three (3) countries with Unwritten constitutions. These are: New Zealand, United Kingdom and Israel. The UK is unwritten due to its history. It has not been thought necessary to develop a document which will regulate with the matters pertaining to the constitution. This has been due to the development of UK constitution and the absence of any event which might have an abrupt change in the constitution; such as a revolution, a defeat in war, or a major change in political ideology. Although it is classified as unwritten, it has written elements, such as the rules of constitutional importance, which are contained in statutes and law reports. Magna Carter in 1215 wrote that 'Unwritten Constitutions sets out the rights of various classes of the community according to their different needs. The church must be free. The cities were to enjoy liberty and customs. The merchants were not to be subjected to u fair or unjust taxation. It introduced New rights trial by jury. The just rights to trail and just legal system.'

Advantages of unwritten constitutions • An advantage of unwritten constitution is that it is relatively easy to change the constitution. • Legislation of constitutional significance can be introduced through ordinary law making process. • Unlike most states there are no technical or special procedures relating to constitutionals amendments. •

It is also flexible which is advantageous as well as potentially dangerous.

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It leaves space for parliament.

Disadvantages of unwritten constitutions

• The Constitution may be legally flexible, political factors may impede radical constitutional reform. • In an unwritten constitution it is difficult to determine whether or not something is or is not 'unconstitutional'. •

There are no limitations on the legislative body.

• Countries with unwritten constitution prime ministers are able to force changes in law through parliament as part of an individual drive to alter the laws of the land. • Unwritten constitutions are disadvantageous because they are unable to provide a check on political movements that fragment national unity.

Written Constitutions A written constitution is a formal Document defining the nature of the Constitutional Settlement, the rules that govern the political system and the rights of the people and the governments in a codified form. A written constitution which is well respected and has been around for other constitutional document is that of the United States of America. This was framed in 1787, which remains in force today although over the years there have been several amendments. Where a constitution is codified in documentary form, the powers of the state are clearly discernible. For example Art.1 of the US constitution vest legislative power in congress; Art.2 reveals that executive power is conferred in the US president and Art.3 provides information about the terms of office and the powers of the judiciary.

Advantages of written constitutions • In written constitution references can be made to the written document and any breach of the principles contained therein will clearly be 'unconstitutional'. • All Caribbean countries have a written constitution. It is accessible, transparent and accountable. • The merits of the written constitution is that, it is able to control arbitrary rule or governance in a sense that it places a check on he powers of the ruler so as not ti abuse his powers. • A codified constitution provides their nation with a clearly delineated list of fundamental laws and principles collated into one document.

Disadvantages of written constitution • Though in most countries it is fairly easy to propose a new legislation, where changes to its constitution is required, a more simple procedure must be followed. Fir example; before amendments can be made to the US constitution, the amendment must have been: •

Proposed by a majority of two-thirds in votes by the both Houses of Congress and

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ratified by three-quarters majority of all the state legislatures.

• In most countries, where a law is passed pro-porting to alter the written constitution, this proposed law will be declared unconstitutional of the correct procedure was not followed. •

It can be altered but cannot easily be change.

• When rulers become to obsessed with power they try to change some odfthe rules in order to suit their interest.

In conclusion to all that have been stated; a constitution is that assemblage of laws that protects our rights and freedom, institutions, and customs, that compose the general system, according to which the community has agreed to be governed. A constitution can be either 'written document' or 'unwritten'....