Advantages and Disadvantages of Written and Unwritten...

Identify and discuss the advantages and disadvantages of written and unwritten types of constitutions. 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. A constitution sets out how all the elements of Government are organized and how power is carved up among different political units. It contains rules about what power is wielded, who wields it and over whom it is wielded in the governing of a country. 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. A†¦show more content†¦In Argentina a state of emergency was declared 52 times to bypass constitutional guarantees. Non political judges are able to police the constitution to ensure that its provisions are upheld by other public bodies. The judiciary is unique in that it is not elected, but it is independent. Judges in Trinidad and Tobago and the rest of the Commonwealth Caribbean are appointed by the various Judicial and Legal Service Commissions. As a result no one, especially a corrupt politician can interfere in the work of the constitutional courts. The constitution is protected by the legal bodies of the courts, such as the Supreme Court, the Constitutional Courts or the High Courts of the various countries. The responsibility of the court is to protect constitutionally established rights and freedom. Any constitutional violation by the executive, such as a politician who abuses the power of his established office can be held accountable in court. This was evident in Trinidad and Tobago, where many felt that the last Prime Minister, Patrick Manning abused the powers of his office, and on ma ny occasions was taken to court for judicial review. The German Constitutional Court is a special court dedicated solely to the protection of the constitution. Constitutional courts are powerful instruments of judicial review with the power to declare â€Å"unconstitutional† a law that is deemed incompatible with the constitution. France has aShow MoreRelatedAdvantages and Disadvantages of Written and Unwritten Constitutions3287 Words   |  14 PagesIdentify and discuss the advantages and disadvantages of written and unwritten types of constitutions. 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. A constitution sets out how all the elements of Government are organized and how power is carved up among different political units. It contains rules about what power is wielded, who wields it and over whom it isRead MoreAdvantages and Disadvantages of an Unwritten Constituion Essay775 Words   |  4 PagesThe advantages of an unwritten constitution far outweigh the disadvantages (40) You must make a judgement. 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. In this essay I will discuss the advantages and disadvantages of an unwritten constitution and show that I agree with this statement. On one hand, if a written constitution was introduced it would affect the power of government, relationshipRead MoreThe Pros and Cons of an Unwritten Constitution in the UK Essay example655 Words   |  3 PagesThe Advantages and Disadvantages of an Unwritten Constitution in the UK The UK has an unwritten constitution unlike the U.S.A. Instead Britains laws, policies and codes are developed through statutes, common law, convention and more recently E.U law. It is misleading to call the British constitution unwritten; a more precise form of classification would be un-codified. This means that the British constitution has no single document, which states principles and rules Read MoreThe Fundamental And Structural Principles Of The Constitution Essay1326 Words   |  6 PagesA constitution refers to a set of rules and guidelines intended to create both the fundamental and structural principles of the government in a state or nation. A constitution is either written or unwritten. On one hand, a written constitution is a formal document that defines the attributes or characteristics of the constitutional settlement, the rules governing the political system and the roles and responsibilities of the government and rights of citizens and inhabitants in a codified form (ShamgarRead MoreThe Constitution of the U.K. Essay1234 Words   |  5 PagesThe Constitution of the U.K. There are two meanings to the word constitution the first is that It will contain all of the rules for the organisation of the state.and secondly It will usuall be ‘entrenced’ which means that it is hard to change. The constitution of a country is a set of rules regulating the powers of its government and the rights and duties of its citizens. In all but a few democracies in the world, the nations constitution canRead MoreThe Constitution Of The United States Essay1455 Words   |  6 PagesThe constitution serves six purposes, by which the people will attempt to: create a union, establish and maintain justice, maintain tranquility between our neighbors, provide for a common defense, promote the general welfare of the people and secure the blessings of liberty to ourselves and our posterity (Vile. 2015). The written constitution clearly limits the power of the government. Prohibiting the government from becoming dictators. The constitution of the United States clearly outlines howRead MoreThe Constitution Of A Country s Government1634 Words   |  7 Pagesunderstand the statement itself. Constitution is a set of rules standardising the power and duties of a country s government as well as the rights of its individuals. Currently constitutions come under two key terms; codified and uncodified constitutions. The UK and countries like Israel and New Zealand are a prime example of uncodified constitutions but that is not to say it is unwritten. Uncodified constitution is one that is made up of numerous written sources. Magna Carta , the Bill ofRead MoreThe Advantages of a Codified Constitution Now Outweigh the Disadvantages852 Words   |  4 PagesThe advantages of a codified constitution now outweigh the disadvantages The evidence suggests that the advantages of a codified constitution do not now outweigh the disadvantages. In codified constitutions, laws are entrenched which makes it harder for them to evolve and adapt to modern requirements because it takes a long time for a response due to the required procedures, which might involve gaining two-thirds majority in the legislature or approval by referendum. As a result, one can argueRead MorePhilippine Government and Constitution2566 Words   |  11 Pagesacts, are not warranted by the laws of the rightful government. While de jure government is establish according to the constitution of a given state but which actually is cut off from power or control. It is true, legitimate and lawful government. 9. Distinguish constitutional from revolutionary government †¢ Constitutional government is defined by the existence of a constitution which may be a legal instrument or merely a set of fixed norms or principles generally accepted as the fundamental lawRead MoreThe Rights Of The United States2417 Words   |  10 PagesConstitutions have been of great importance to many countries throughout history, they have come to define many states. The United States of America perhaps has the most famous constitution, it is notable for its enduringness and its controversies. For example, the right to bear arms being one of the most contentious issues that modern America has had to face especially with the recent speight of mass murders which have led to calls for the US to reform its constitution. In order to understand the