• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

What are the advantages and disadvantages of an unwritten Constitution?

Extracts from this document...

Introduction

What are the advantages and disadvantages of a unwritten Constitution? A constitution is a set of rules, which are generally written, it identifies the relationship between the different parts of the government, and also the relationship between the government and the citizens. In most countries the constitution is the ultimate source of legal power. Whether written or not written they will both share similarities, this being the identification of powers such as the executive, and the legislature. However it would be wrong to say that they are identical, apart from the most obvious difference under the surface this main difference has many effects, in particular the unwritten constitution. With particular reference to the unwritten constitution, at present there are only three countries with no formally written constitution, Britain, Israel and New Zealand. All of which share the advantages and disadvantages. The first advantage is that in relation to flexibility. ...read more.

Middle

As quoted by William Hague 'that there was no need for a written constitution as we already have internal stability, and Britain has been well served by its unwritten constitution'. The power of the courts would also rise, should we have a written constitution. With a written constitution it would therefore mean that should there be any dispute over the current structure of the constitution, for example the relationship between the government and the citizens, would have to be resolved by the judiciary. The effect of this would be that judges would be able to make political decisions, and they would have the ability to create laws. All of which reduce the democratic identity of Britain. Also by having a written constitution it potentially could mean the introduction of a Supreme Court, who would interpret the Constitution. This itself could be an issue of problems, in particular the debate into whether the court itself should be elected, and therefore democratic, or otherwise, open. ...read more.

Conclusion

This means that they things can be pushed through a lot easier, in effect the constitution can be bent. The disadvantage which stems of this therefore is that with an unwritten constitution the Prime Minister does not have to think as deeply through constitutional changes, as he would have should it be written. Therefore in conclusion of the constitution and the question as to whether or not it is more advantageous in having written constitution, through weighing the advantages and the disadvantages up, I believe that we should keep the unwritten constitution, the main reason, that we have survived for many years,, and highlighting this the fact that we have survived two world wars. There are many other benefits, each of which are in favour of the democratic element, it should not be a matter of arguing whether or not we should change, we should look at the present, and due to the fact that we are on a level of stability, it would difficult to introduce a constitutional change, due primarily to the volatility of its effects. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level United States section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level United States essays

  1. Q1. (a) What is a constitution?

    The British Constitution, in contrast with other states, is the product of mostly peaceful evolution. It was the Plantagenet period that saw three major conflicts at home and abroad. It was from this period Parliament emerged and grew, while the judicial reforms that begun in the reign of King Henry ??

  2. SHOULD BRITAIN ADOPT A WRITTEN CONSTITUTION?

    It would, in theory, be very easy to introduce a written constitution, requiring merely for one to be drafted and passed by Parliament. In practice, however it would be very difficult to do so. The Conservative party believe that the constitution has evolved organically and that to change it is

  1. The British Constitution

    Each of the 50 states has its own legislature; it is the Governor who decides the laws. For instance the Death Penalty is legal in some states and not in others. It can be hard to change law in the US because of 'entrenchment'.

  2. How is Britain's constitution changing in the 21st century?

    There is some kind of divergence on the possibility of regional government. Certainly, 'the government continues to be deeply divided on regional government in England' (Hazell, 2001, 43). Maintaining a unitary state is one of the binding essentials of the British constitution, and political unity is desirable.

  1. What are the advantages and disadvantages of an unwritten constitution in the UK?

    The House of Lords has judged certain English laws to be unlawful in light of EU legislation. Another advantage of an unwritten or un codified constitution is that it is evolutionary because it develops with historical changes. An example of this is when parliament in the UK took total sovereignty away from the monarchy in 1867.

  2. The Australian Constitution is the ultimate law ruling in Australia

    There is some integration of power between the executive and the legislature since the government of the day effectively controls both; the courts have maintained their independence from government. Each aim of government has a distinctive role that cannot be performed by another arm of government.

  1. The Referendum

    members of the Seanad and not less than one third of the members of the D�il, and following discussion with the Council of State, comes to a decision that a Bill includes a proposal of such national significance that the desire of the people ought to be determined before the measure becomes regulation.(www.environ.ie)

  2. US Constitution Definition of Terms

    Implied Powers Powers not given to the government directly through the constitution, but are implied. These powers fall under the Elastic Clause in Section 8 of Article 1 of the U.S. Constitution. This document lets the government create "necessary and proper" programs/laws and retain them, such as creating the Air Force.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work