What are the advantages and disadvantages of an unwritten Constitution?

Authors Avatar

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. By having no written constitution it allows a degree of flexibility, which unlike the American Constitution is not limiting due to its rigidity. This is particularly advantageous in keeping the constitution up-to-date, it has the ability of political change and development. Unlike a written constitution, which does not have the ability to change as freely, highlighting this, the fact the American constitution has only been altered 26 times.

Join now!

Another advantage, particularly relating to Britain is the issue of who would write the constitution should we decide it to be written. With the possibility of having a written constitution the issue of considering who would write it would be one of great disagreement and debate. It would cause a great degree of pressure in locating a single group, or individual of a neutral position. Also, under the existing constitution there is no body that can legitimise a written constitution. Parliament would have to pass many bills to state that laws are not valid, this would be time consuming. ...

This is a preview of the whole essay