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Advantages and Disadvantages of Written and Unwritten Constitutions

Good Essays

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 …show more content…

In Argentina a state of emergency was declared 52 times to bypass constitutional guarantees.

Non political judges are able to police the constitution to ensure that its provisions are upheld by other public bodies. The judiciary is unique in that it is not elected, but it is independent. Judges in Trinidad and Tobago and the rest of the Commonwealth Caribbean are appointed by the various Judicial and Legal Service Commissions. As a result no one, especially a corrupt politician can interfere in the work of the constitutional courts. The constitution is protected by the legal bodies of the courts, such as the Supreme Court, the Constitutional Courts or the High Courts of the various countries. The responsibility of the court is to protect constitutionally established rights and freedom. Any constitutional violation by the executive, such as a politician who abuses the power of his established office can be held accountable in court. This was evident in Trinidad and Tobago, where many felt that the last Prime Minister, Patrick Manning abused the powers of his office, and on many occasions was taken to court for judicial review. The German Constitutional Court is a special court dedicated solely to the protection of the constitution. Constitutional courts are powerful instruments of judicial review with the power to declare “unconstitutional” a law that is deemed incompatible with the constitution. France has a

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