Preview

Advantages and Disadvantages of Written and Unwritten Constitutions

Better Essays
Open Document
Open Document
3287 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Advantages and Disadvantages of Written and Unwritten Constitutions
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 constitution is the supreme law of the land in any given country and no other law may conflict with it, nor may the government do anything that violates it. Constitutions exist as national and regional. Two types of national constitutions that exist are the written (codified) constitution and the unwritten (uncodified) constitution. 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. A written constitution is one that is contained in a single document which is the one source of constitutional law in a state. Written constitutions are often the product of some dramatic political change such as a revolution as was the case of America and the gaining of independence by the Commonwealth Caribbean countries from Britain. The process by which a country adopts a constitution is closely tied to the historical and political context driving these fundamental changes. The legitimacy and longevity of codified constitutions have often been tied to the process by which they were initially adopted. States that have codified constitutions normally give the constitution supremacy over ordinary

You May Also Find These Documents Helpful

  • Good Essays

    A constitution can be defined as a laid down rules for the government which are time and again codified as a form of written manuscript that spells out and confines the functions and ability to exercise force of a political party (power). In the case of countries and sovereign regions of federal states the phrase refers exclusively to a constitution defining the core principles of politics, and instituting the configuration, procedures, powers and duties, of a government. Most constitutions guarantee rights to the people by limiting the government’s own reach. We will be comparing and contrasting the American constitution against the Iraqi constitution. Both constitutions are codified. Under the patronage of a British military occupation in 1925, Iraqis first constitution entered into force which then formed a monarchy which remained in effect until in 1958, the revolution established a republic. Interim constitutions have been adopted over the years but a referendum that took place in 2005 approved the constitution currently being used by Iraqis. On the other hand the American constitution is considered foundation and basis of the legal right to exercise power over another (authority) essential to the existence of the United States of America and the federal government of the United States. It grants the framework for the institute of the United States government and for the rapport of the federal government to the states, to citizens, and to all people within the United States.…

    • 1218 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    The constitution of the United Kingdom is the sum of laws and principles that make up the body politic of the United Kingdom. It concerns both the relationship between the individual and the state, and the functioning of the legislature, the executive and judiciary.…

    • 407 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Lsn Hsa Study Guide

    • 2993 Words
    • 12 Pages

    A constitution is a plan that provides the rules for government. A constitution sets out ideals that the people bound by the constitution believe in and share. A constitution establishes the basic structure of government and defines the government’s powers and duties. And lastly a constitution provides the supreme law for the country. Constitutions provide rules that shape the actions of government and politics, similar to the rules of basketball, or any sport.…

    • 2993 Words
    • 12 Pages
    Good Essays
  • Good Essays

    A constitution is either a written (codified) or unwritten (uncodified) body of fundamental principles or established precedents according to which a state is acknowledged to be governed. Generally, a constitution is only written after a major event. In the case of America their constitution was written in 1787, after the American Revolutionary War came to a close.…

    • 835 Words
    • 3 Pages
    Good Essays
  • Good Essays

    A constitution is the fundamental principles of government in a nation, either implied in its laws, institutions, and customs, or embodied in one fundamental document. The U.S. Constitution was completed on September 17, 1789 and has served as a model for the constitutions of many other nations. The constitution of the United States of America is the oldest written national constitution in use and consists of twenty-seven amendments.…

    • 673 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Due Process Higher Education

    • 2964 Words
    • 12 Pages

    The United States Constitution is the highest law in the United States. It establishes the form of the national government and defines the rights and liberties of the American people.…

    • 2964 Words
    • 12 Pages
    Powerful Essays
  • Powerful Essays

    texas constution

    • 11211 Words
    • 45 Pages

    A constitution is a charter or plan of government that represents, in essence, a pact between the government and the governed. Like any pact or contract it identifies mutually agreed powers, duties, obligations and limitations on contracting parties, and establishes procedures for action, including law-making and citizen-voter participation. In performing these functions, constitutions also provide the fundamental law on which legal systems are established. They are usually set forth in written documents, although the English Constitution is not, depending instead on traditional precedents.…

    • 11211 Words
    • 45 Pages
    Powerful Essays
  • Better Essays

    The Constitution is a document that establishes America’s national government and grants rights to citizens. The first document that established a structure for the national government was the Articles of Confederation which granted no power to the federal government. This document was proven ineffective because not enough power was granted to the federal government. The Constitution took its place as the framework for the United States and has been in effect ever since. Regardless of personal opinions, the United States Constitution has proven to be effective due to its strict definitions of government institutions, its implementation of checks and balances among the three branches of government, and its ability to have differing, flexible…

    • 1198 Words
    • 5 Pages
    Better Essays
  • Good Essays

    The Elastic Clause

    • 1009 Words
    • 5 Pages

    A constitution is defined as a basic set of laws and principles establishing a nation’s government. The Constitution of the United States was written by many well-respected men, included several of America’s founding fathers, such as George Washington, Roger Sherman, Alexander Hamilton, Benjamin Franklin, and James Madison, Jr. According to Madison, the main function of the Constitution involves “helping government promote the public good.” Since constructed, the Constitution has been called a living document that remains flexible and allows the government to adapt to face new obstacles and changing times. A vital part of the Constitution displays the necessary and…

    • 1009 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Flowers for Algernon

    • 2204 Words
    • 8 Pages

    -The Constitution combines a strong framework for government with flexibility. This combination makes it a living document. It keeps its basic nature, but it changing with the times.…

    • 2204 Words
    • 8 Pages
    Good Essays
  • Powerful Essays

    Business Law study guide

    • 3207 Words
    • 12 Pages

    * Constitution Law: A body of principles that establishes the structure of a government and the relationship of that government to people who are governed. In each state: the state constitution and the federal Constitution.…

    • 3207 Words
    • 12 Pages
    Powerful Essays
  • Good Essays

    The Constitution is not adequate for today’s times and needs to be updated to the technology and improvements that have happened throughout the years.. Many parts of it only work for the 13 colonies and not for today. The people of the United States do not have equal opportunities in work such as how they are paid and how they get treated in the workplace. The liberties of the population is not secured anymore due to the new government and the way people perceive the authority of those higher in power. Also, the government isn’t a Democracy anymore, we’re an aristocracy because people who have more money have more power over those that are middle class or lower.…

    • 533 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    The U.S. Constitution was the document put forth by the Continental Congress to set into motion the laws of the newly formed country. The basis of all our current laws the Constitution is ideas and ideals of the new country. It set forth the provisions to have a government and how the government should be formed and the restrictions imposed upon it. The newly elected Continental Congress met in Philadelphia and drafted the United States Constitution. Once they drafted a document that they could all agree on they sent it out to the states for ratification, the criteria for adoption of the Constitution was that nine of the thirteen states had to ratify the document. Finally in 1788 the ninth state New Jersey ratified the Constitution making it the law of the land.…

    • 2355 Words
    • 10 Pages
    Powerful Essays
  • Good Essays

    When the United States of America created the constitution in 1787, it was made to keep balance and order to the people with a civil government. The United States Constitution is known as the oldest written constitution in the world, however it is not the only constitution that was created. Many other countries followed the United State's written constitution and created their own unique and different constitution. One example of a country that created their own constitution is Russia. Russia's constitution is very similar to the United State's constitution but they both have differences and distinctions that set them apart.…

    • 643 Words
    • 3 Pages
    Good Essays
  • Good Essays

    A Constitution is the overriding law, because it establishes the fundamental principles of a government at either the state or federal level. This includes creating the branches of the government, bestowing and refusing certain powers to each branch, and preventing other governmental units from passing certain laws, specifically those which limit individual rights (M. Bushman).…

    • 749 Words
    • 3 Pages
    Good Essays