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. Supporters of the Japanese monarchy assassinated the liberal Prime Minster Inukai Tsuyoshi in 1932. A constitution may be written or unwritten. Disadvantages If it is too unique it will put off potential customers and only appeal to a selected crowd which could end up meaning you would have a smaller business. The provision that provides flexibility to the U. For example, Justice Scalia is known to be one who thinks the Constitution isn't flexibl … e, while Ginsberg is generally for flexibility.
This may lead to a revolution by people or coup by military. Here are some of the advantages and disadvantages of the bill. A written constitution is one that is contained in a single document which is the one source of constitutional law in a state. As it is easy to amend a flexible constitution, the ruling class may exploit this to deprive the citizens of their fundamental rights of their right to protest against a bad government. The courts then become the guardians of the constitution.
The written constitution would make clear what the state and its agencies can and cannot do, what their responsibilities are, what they will be held accountable for and would specify the extent of their powers. For example the German Federal Constitution which states that human dignity on the basis of human rights is protected. They fix its meaning they set bounds to the competence of the legislature under it and annul what, in their opinion, goes beyond the constitution. They also pushed that the Estates-General write a constitution. Constitutions exist as national and regional. Benjamin February 7, 2013 I. This concept has raised numerous ethical issues.
The codified constitution would have an educational function. Policy of gun control is always a hot topic argued by gun control advocates and gun rights organizations. That is why vague and indefinite constitutions are not suitable for democracies. The Courts have developed a power to review the administrative actions of the executive arm of government, in the same way that the High Court of Australia is able to review legislation alleged to be based on the constitutional powers of Section 51 of the Australian Constitution. But who shall say what a particular clause of the constitution means or whether this or that statute is consonant with it? Though the establishment of laws the government sets down a basis of rules for a society and in turn a constitution is there to lay down a structure of rules intended to check and restrain government, allowing the practice of a limited government providing protection for the individual. Here is the text from the Constitution: The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the Legislatures of two thirds of the several States, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the Year One thousand eight hundred and eight shall in any manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its consent, shall be deprived of it's equal suffrage in the Senate. A rigid constitution is good for a federal system, because neither the centre the federal units can easily change it to their advantage.
There must therefore be both advantages and disadvantages to having a written constitution over an unwritten constitution; I will now attempt to highlight these. The opposite effect of this was seen with the constitution of Argentina written many years after in 1853 and was a better document, but. The thirteen states were asked to ratify the Constitution wanting a list of individual rights, as each state had in its constitution. This allows a greater range of motion and reduces joint degeneration. Furthermore, it might even represent values thatare now outdated.
Another advantage of an unwritten or un codified constitution is that it is evolutionary because it develops with historical changes. And what Parliament has enacted, the courts interpret and apply unless parliament has otherwise provided. If the constitutional law can be amended, repealed or altered by the same procedure as the ordinary law, the constitution is flexible. They knew that they had to figure out what was going to happen next, and they knew that … they, personally, were not going to be around to decide the next steps. Flexible constitutions were almost the only kind known to the ancient world. It enables the people to keep pace with changes in society. The constitutional advantages lie in the need of a monarch to codify traditional governance, moving governance from the realm of custom into the realm of law.
The fundamental purpose of a constitution is being able to establish the roles and powers of different branches of a state alongside the perspectives and rights of its citizens. The rigid constitution, being precise and clear, discourages and combats arbitrary 2. Legislatures cannot be entrusted with such a power, because the object is to devise means against legislative encroachments. Of course, there exists the further possibility of change, in both cases, through the extreme means of a popular or a military. Before publishing your Essay on this site, please read the following pages: 1. Britain is one of the few countries that has an.
There is no such principle in the British constitution because sovereignty lies with Parliament. Moreover, a flexible constitution is particularly best adapted to the needs of a progressive State since it ensures legal and orderly growth. Thailand avoided two similar attempts around that time thanks to their monarchy. It was signed between the King John and the feudal barons at Runnymede, England in June 1215. It means that there is no difference between the constitution-making authority and the ordinary law-making authority.
Many believe that the United Kingdoms constitution is outdated with an inherent lack of overall agreement between its statutes, common laws and conventions. Therefor the constitution could easily become outdated Another disadvantage is codified constitutions are legalistic document created by people at one point in time. The United Kingdoms constitution is largely unwritten, consisting of statutes these however are written , common law rules and constitutional conventions. The life of the people because of the flexible constitutions of that country. Because that collection of white rich boys were the best educated, smartest and knowledgable by-product of the Enlightenment that had ever gotten together and not been hanged for doing it. These advantages may be non existent in a society without a strong sense of civil society or a tradition of political stability.