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Advantages of unwritten constitution in the uk
Advantages and disadvantages unwritten constitution uk
Advantages of unwritten constitution in the uk
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A constitution allows the country to organizes, distributes, and regulates the authority of the federal government. Also, the constitution guide the country on the structure and the principles governing their relations with the citizens. Written constitutions allow the citizens to familiarize themselves with the laws that is affected. When the American Revolutionaries was over, the United States broke free from Great Britain and wanted to rebuild their nation as a solid foundation. The American citizens wanted their country to be a democratic society rather than a dictatorship. James Madison introduced to the First Congress the first 12 amendments, which ten of those became the Bill of Rights in 1789. The benefits of having a written constitution in the United States of America is that it clarifies roles to limited the authority on government officials …show more content…
Article V of the Constitution can be amended. For example, a vote of two-thirds of both the House of Representatives and the Senate is required; however, followed by 38 states would need to ratify an amendment. Also, the United States Supreme has the authority to decide whether or not the new changes will not be violating the Bill of Rights. Another disadvantage of having a written constitution is that the language written can be easily taken out of context, which leads to confusion between citizens and the government. The United Kingdom is known to having an unwritten constitution, but their laws, policies, and codes are developed through common law. Researchers stated that minorities and individual citizens are less likely to be protected against legislative infringement by Parliament if the higher form of law is no longer in power. A unwritten constitution can lead citizens to not enjoy their freedom or take part in a self-governing process. Additionally, an unwritten constitution can be easily change, which leads citizens to study more of their new
A constitution is the system of fundamental principles according to which a nation is governed. Our founding fathers created the US Constitution to set specific standards for our country. We must ask ourselves why our founding fathers created the Constitution in the first place. America revolted against the British due to their monarchy form of government. After the American Revolution, each of the original 13 colonies operated under its own rules of government. Most states were against any form of centralized rule from the government. They feared that what happened in England would happen again. They decided to write the Articles of Confederation, which was ratified in 1781. It was not effective and it led to many problems. The central government could not regulate commerce between states, deal with foreign governments or settle disputes. The country was falling apart at its seams. The central government could not provide assistance to the state because there wasn’t a central army. When they realized that the Articles of Confederation was not up to par, they held a convention, known as the Constitutional Convention of 1787. As a result of t...
The U.S. Constitution was written with a great vision to create a strong nation. Unlike the Articles of Confederation, the Constitution is a very well organized and well thought out document that holds a strong bases for the future of America. It was September 17, 1787 that the Constitution was created, just a few years after we broke away from England’s control. In 1777, America’s government operated under the Articles of Confederation. This allowed states to operate independently like little countries. America’s government was weak because people were afraid of the government having too much power.
Although the United States has been celebrated as a pioneering democracy, the nation’s constitution formulates a system of government that deviates from purely democratic principles. That is, when assessing the intentions of the framers, the Constitution’s calculated deviations from an absolute popular rule establishes a system of governance in which the security of American liberties is prioritized. Moreover, by examining the nuances of the Constitution from the framers’ lenses, the divergence from purely democratic ideals becomes all the more apparent. However, despite paving the road for democracies to come, emerging democracies around the world have broken away from the American system of governance outlined by the constitution through
Although the Constitution was put in place to protect the people, there is much debate about the strength and weaknesses of the Constitution. If you lived in this era, would you for or against the Constitution? The pros and cons of the Constitution seem to be based on geographical location, with the primary goal being breaking free of Britain control and establishing a functioning government that we all can live by. The boundaries of slavery stood in the midst of forming a more perfect union. Creating a more perfect union had its’ own agenda such as setting boundaries for state governments, securities, commerce, and the welfare of the people. In establishing the Constitution, it was decided that three branches government should be in powers
In 1787, The United States of America formally replaced the Articles of Confederation with a wholly new governing document, written by the delegates who attended the Constitutional Convention in Philadelphia. This document, known as the Constitution, has served as the supreme law of our land for the past 228 years. It has stood the test of time and a majority of Americans still support it today (Dougherty). The Constitution was designed in a way that allows for it to be amended, in order to address changing societal needs. Article V discusses the process by which the Constitution can be altered. This feature has enabled it to stay in effect and keep up with current times. The Constitution should not be rewritten every 19 years because it would not only weaken its importance, but it would also hurt foreign relations and continuously rewriting it would give political parties too much power.
In the end, this is why scholars call the constitution a living document. It is fluid and changeable. We the people have the ability to review and change our constitution to fit our modern society. The document is meant to grow and change just as we as a nation grow and change the very fact that the documents change will only makes the case of its relevance more successful and convincing.
If my friend was annoyed with, what he sees as, an attack on America’s religious values and suggested that the president just change the Constitution I would explain to him that changing the Constitution is a must more tedious process than what he seems to think. Article V of the Constitution lays out how amendments can be made. I would also tell my friend that it is probably a good thing that the president cannot just change our constitution at his or her whims because that wouldn’t truly uphold the ideals of the people like the constitution should.
Though the United States Constitution is the oldest active constitution in the world, it was never meant to be perfect nor was it predicted to last this long. It’s been well over two hundred years since it came into action and it has only been amended seventeen times for a total of twenty seven amendments. The US Constitution is what many Americans see as the pillars that keep the country strong while others see those same pillars but cracked and crumbling. When we talk about key features of the constitution, we are really talking about the features of the government that sets it up.
The word ‘constitution’ is commonly used to describe a written legal document that embodies a set of rules and principles that ‘establish and regulate or govern the government’ of a country. The United Kingdom, however, does not have such a document.
The term “amendment” when used with respect to a Constitution, includes all meanings such as alteration, repeal, variation, addition, revision, or deletion of any provision of the Constitution by following the constitutional process. It can be said to include every kind of change that is brought about in the Constitution by the process of amendment. In the legal system it is used to amend the Constitution but not to end the Constitution. The essence of a written Constitution lies in the procedure prescribed for amendment of the Constitution.
In countries such as the United States of America (USA) the constitution is a supreme law that overrides all other legislation. It is also entrenched meaning that a public referendum or parliamentary majority of 75% or higher is required to alter it. In addition, any lawsuit that their Parliament wishes to pass, must comply with the constitution. In certain predicaments those without this supreme law document have the ability to choose not to comply with laws that are transcribed in their constitution. An example being the allowance of passage for a new bill that does not fully comply with the New Zealand Bill of Rights Act 1990.
Hence, that the importance of a constitution is, it gives liberty and freedom to the people. It is a written document or agreement between the people and the
Constitution is body of principles by which a state or organization is governed, especially in relation to the rights of the people it . Constitution is classified into written and unwritten, flexible and rigid or federal and unitary etc. Therefore, some bodies of constitutional law have single documents and bring up written constitutions. Bodies of written constitutions were selected by the people at a particular period in history and other bodies of principles made in different sources and brings up un-codified or unwritten constitutions such as UK constitution. In the same way, most of the constitutions are not traditional written, it is defined unwritten, but not all the constitutions were unwritten . However, unwritten constitution has an advantages. In addition, this essay will consider unwritten and flexible UK constitution and advantages of this country’s unwritten constitution. In other words, it will be discuss about unwritten British constitution lies in its evolutionary and flexible nature. Also, it will include history of the United Kingdom’s constitution.
An unwritten constitution relies on a combination of sources to establish a system of government, including written and unwritten, legal and non-legal sources. Although a written constitution has all the constitutional information in one place, which means there is less chance of conflict when all the information comes from one source, in being unwritten the UK constitution is flexible, as opposed to written constitutions
This would therefore impact the United Kingdom not only domestically but internationally. As well as this a change to the constitution would be problematic when it comes to social progression in the United Kingdom as the influence of pressure groups would decrease, this would be due to the inflexible nature of entrenched laws creating difficulties when amending or abolishing out of date or irrelevant laws put in place, further conflicting for parliamentary sovereignty. This can be seen in America as the written constitution states people have the right to keep and bear arms, this has caused many controversies and still the government have no power to adapt this out of date amendment. Yet, it can be debated that the public would have more say in the initial stages of developing certain amendments as the current government will no longer be able to simply shape the constitution to suit their situation. Furthermore, this would mean that an entrenched constitution throughout the United Kingdom would show structure and strength to other countries, proving commitment to their decisions through a mature democracy. This could encourage public and political interest in a movement towards a written