what are the disadvantages of unwritten constitution
It's free to sign up and bid on jobs. Have you ever thought to yourself, where did the Constitution come from? Accordingly, it is not wise or advantageous to have a written constitution in a unitary state. 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. Although an unwritten constitution may be considered too flexible which causes government to almost do as they wish, a written constitution would be far too rigid and would cause major difficulties when wanting to change certain laws, and it would also be difficult to agree on what a new constitution would contain. One disadvantage of the written constitution is that it is more rigid and may therefore be less responsive and adaptable than an unwritten one. Disadvantages of unwritten constitutions. The womans right to vote was added to the amendments to give women equal rights. 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. Written constitution are mostly rigid, with cumbersome amendment procedure, which leads to the problem of how to easily amend it to make it suit changing needs and time. 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. The constitution does not fit all types of government. A majority is needed in Parliament to attempt any kind of modification. Disadvantages of unwritten constitutions. Written - cannot be changed easily to fit with contemporary values and ideas 2. Take for instance, it is apparently foolhardy to have an unwritten constitution in a federal and heterogeneous state. After a closer examination of the Articles of Confederation, delegates disregarded the Articles, following the failure of their original form of government. An unwritten constitution is usually unclear, uncertain or unintelligible. Minor violations would go unnoticed because the average citizen is not aware of the various types of British laws. This leaves ample room for officials with sinister motives to bend the customs and traditions to their will. Lord Actions assumption was, power corrupts: absolute power corrupts absolutely. Countries like the United Kingdom, Israel and New Zealand possess the unwritten constitution while countries like India, United States and states of the Commonwealth Caribbean possess the written constitution. This leaves a larger part of the job of interpreting the law to the discretion of the judiciary. The reverse is also true. 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. Notify me of follow-up comments by email. PhDessay is an educational resource where over 1,000,000 free essays are Meanwhile, before I will move to the crux of this work, i would like to define what an unwritten constitution is. In the past in Trinidad and Tobago judges took bribes in the form of money, land, houses, and luxurious estates in order to drop charges, throw out a case or find some legal technicality or loophole to dismiss a case. 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These advantages of the unwritten constitution are the direct opposite of the disadvantages of a written constitution. As a result no one, especially a corrupt politician can interfere in the work of the constitutional courts. The United States is known for having the best form of government for people to be included and have a say in their beliefs. Therefore, even illiterates do not need anyone to explain or interpret a good number of their constitutional conventions to them. 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. For example, many Arab countries have written constitutions that sound wonderful (human rights, elections, etc.) There is no single document to refer to when one is in doubt. The draft proposed constitution was printed and widely distributed to citizens of the country so that their views were shared. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. Among the advantages of the unwritten constitution is its ability to remain relevant to the needs of the people. The other disadvantage is that only a select few can acquire such knowledge of the unwritten constitution since they are scattered across many documents.