A constitution is set of rules which seek to establish the duties, powers and functions of various institutions of government, it regulate the relationship between and among the institutions and define the relationship between the state and the individual. There are many different types of constitutions. Constitutions can be written or unwritten, unitary or federal and seen as rigid and flexible the most common way of comparing constitutions however is written and unwritten. For example the USA is an example of a written constitution while the UK is an example of an unwritten constitution. Written and Unwritten constitution A written constitution is a single document within which there are …show more content…
A bill of right is a document which specifies the and freedom of the individuals and so defines the legal extent of liberty. Disadvantages of the UK adopting a written constitution There are also many argument against the UK adopting a written constitution. One of the disadvantages of the written constitution is that it is considered rigid. Higher laws are more difficult to change than the statute law. And it is also easier and faster to introduce an act of parliament than to go for the amendment of constitution. Due to the rigidity and inflexibility of the written constitution it is harder to remain relevant and up to date because written constitution are not easily changed and there for find it difficult to changing political and social circumstances. The flexibility of a constitution is a very important and useful tool in the modern and evolutional environment and this is a weak point of the written constitution and a major downside to it. Another disadvantages against the UK adopting the written constitution is judicial tyranny and the democratic rule in the UK. The UK has a record of a long period of
There are various strengths of the UK constitution; these include the fact that the constitution is flexible, it protects the rights of citizens and finally it gives power to the executive. The UK and its constitution, in my opinion, is a very strong unit, this being shown through the points listed above and consequently explained below.
A constitution is a written document that sets forth the fundamental rules by which a society is governed. Throughout the course of history the United States has lived under two Constitutions since the British-American colonies declared their independence from Great Britain in 1776. First in line was the Articles of Confederation (1789-1789) followed by the Constitution of United States of America (1789-present). The Articles of Confederation was the first formal written Constitution of America that specified how the national government was to operate. Unfortunately, the Articles did not last long. Under the words of the Article’s power was limited; Congress could make decisions, but had no power to enforce them. Also the articles stated
In this world there are many different constitutions. While many of them are long, they can be short. Many constitutions were written a long time ago, while some were just written recently or just a few years ago. The ones that were made a long time ago have even been passed down and changed for people to understand now. Even though all constitution have similarities, they all have differences between each other as well.
The United States Constitution established the nation’s national government and fundamental laws as well as implemented basic rights for all citizens. On September 17,1787, the United States Constitution was created by delegates in the Philadelphia, which allows each branch to uphold different work ethics and to ensure that each branch has equal authority. A written constitution clearly defines the limitation that each government, branches, and citizens can obtain in order to have a democracy world rather than a dictatorship. United States Constitution allows residents to understand their rights and to familiarize themselves with their state and federal government’s laws. It is important to understand that the written constitution does not
The evidence suggests that the advantages of a codified constitution do not now outweigh the disadvantages.
Constitutions have been around for many years. The first ones on record go back as far as the fifteenth century. There are many uses for them, though often enough are used to outline laws and basic rights of the people under that government. Two very different, yet very alike constitutions are the Iroquois and the United States Constitutions. They have many differences, but just as many similarities.
The U.S. Constitution is the document of the principles and system of the United States government. It covers the goals of the new government, the system and purpose of each branch, how the states will work, how to amend the constitution, the supremacy of the national government, and the process of ratification. The U.S. Constitution is the supreme law of America, that must be followed by everyone. The Constitution of the United States was established at the 1787 Constitutional Convention and signed in 1787. The Constitution is the structure of America, it tells us how everything will work in this nation of ours. Without the Constitution, there would not be any specified rules of how this country is set up and how it works. The Constitution makes us who we are today, it establishes our system of government, our rules of what we can and can’t do, what the government can do for the people, and how everything in America is set up.
The Constitution (LEQ) The Constitution is a document that basically frames out the entire government of the United States of America. It was created because the Articles of Confederation wasn’t powerful enough, and the forefathers believed that the country wouldn’t survive as long as the government was being ran how it was. In some ways the Constitution is a continuation of the Articles such as Enlightenment ideals. However, the Constitution was also a major departure from the Articles in regards to federalism, and diplomacy.
‘The absence of a written constitution ... enables constitutional change to be brought about within the United Kingdom with the minimum of constitutional formality.’
On the other hand a codified constitution would clarify the nature of the political system to its citizens. Currently in the UK the constitution is not easy to find which makes it difficult for the UKs citizens to learn the nature of the political system but also all the rights that as a citizen of the UK you should enjoy. For example in the USA the bill of rights is a part of their constitution and every citizen can gain access to these rights. In the USA the whole constitution is on one document and all citizens have access to it. This may make it easier for the UK as a whole to understand the British
It is necessary for the better understanding of the topic to discuss briefly codified and uncodified constitution and give definitions for both of them. According to Heywood (2013), a codified constitution is a single legal document that is popularly known as a ‘written constitution’ and that contains key constitutional provisions. However, the traditional approach is to distinct written or codified constitutions with unwritten or unсodified constitutions. Ryan and Foster (2014) notify that unсodified constitution is made up of rules from different sources. In other words, it is not a single document. Also, Finer, Bogdanor and Rudden (1995) describe an uncodified constitution of the United Kingdom as indeterminate and indistinct. According to Garner, Ferdinand and Lawson (2009), only three liberal democracies that are Israel, New
The British constitution is flexible in nature, which has allowed for the development of this country over centuries without the need for a fully codified constitution. I
Without this, a government could remove rights too easily with an overall majority by simply introducing a Bill and relying on its parliamentary majority to pass it. For example, since the attack on the twin towers in the USA on 11 September 2001, the government has been able to persuade parliament to pass an anti-terrorist legislation which goes against certain rights despite the UK having a Human Rights Act (1998). As a result, for example, a number of asylum seeks have been detained without trial. Under a codified constitution they would be unable to introduce this legislation to restrict people’s rights and the only way to do this is to amend the constitution which would be difficult and a lengthy process. Parliamentary sovereignty is slowly diminishing in the UK and a codified constitution would not only decrease government sovereignty, but also increase sovereignty of the
Another disadvantage of a written constitution is that there may be tyranny within the judiciary. Judges are unelected and socially do not represent the population which could lead to a democratic deficit because of a lack of democratic legitimacy, as the public could be subjected to opinions which they do not agree with but have been implemented due to the preferences of senior judges.
New Zealand is one of the countries in the world that has unwritten consititution and it is vital because it is the base of a government on how to govern a country based on it. Having a written constitution in New Zealand will give New Zealanders more access about certain documents on the consitution itself. On the other hand, if New Zealand continuously having an unwritten constitution, the citizen may not have knowledge on it due to limited access on it. This essay will clarify on constitution and what is a written constitution. This essay also covers the need to include the Constitution Act 1986, the Public Finance Act 1989 and the Arms Act 1983 and removing the Public Sector Act 1988 from it.