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What are the advantages and disadvantages of a written constitution?

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  • Essay length: 1395 words
  • Submitted: 19/08/2003
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University Degree Public Law

What are the advantages and disadvantages of a written constitution?


A written constitution is precisely a charter that has been codified, in that the rules and regulations that citizens must abide by are stated in a single document format. Although elements of the British constitution are written, (eg the statute law), sections of it are not. It must be noted that America follow a written constitution called the "Bill of Rights", and by contrast Britain at present do not adhere to a formal written constitution. Hence, one must consider the advantages and disadvantages of a written constitution to establish a judgement on whether the introduction of a written constitution in Britain is a beneficial concept to acquire.
There are many advantages of adopting a written constitution in Britain, and there are many pressure groups, political figures and ordinary people who believe that Britain should have one. Our unwritten constitution is old fashioned, and there is not even an agreement about what it actually contains as it is made up of various conventions, statute laws and ancient documents. Constitutions are supposed to be the fundamental social compacts by which authority and order are maintained, and so a British written constitution would not only provide a rigid means of protecting the people from the power of the executive, but prevent the power of the Government from being too centralised, which is presently a major criticism of the Government. A written constitution would set out the relationship between individuals and the Government in that it would define the power of the state and its agencies, and donate responsibilities and declare where the limits of power are. Recently, the Government has been accused of decreasing its accountability through various agencies and Quango's by allowing them to carry out Government policies without the agency directors being held accountable for their mistakes; a written constitution could prevent this and make Parliament and democracy more accountable to themselves and the public.
Parliamentary sovereignty is slowly diminishing in Britain, and a written constitution would not only decrease Government sovereignty but also increase sovereignty of the electorate and the judicial system. Presently, if the Government wanted to modify or add to the unwritten constitution, they can do it simply by passing an Act; this may suggest that we have an elective dictatorship in theory where the Government exercises a predominant influence over Britain. An inflexible,

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