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
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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
Constitution ~ a body of fundamental principles or established precedents according to which a state or other organization is acknowledged to be governed.
The constitution is a body of fundamental principles or established precedents according to which a state or other organization is acknowledged to be governed (Oxford Dictionaries). The Constitution was written the same place the Declaration of Independence was signed. The constitution was written during the Philadelphia Convention, which is now known as the Constitutional Convention. The constitution was signed on September 17, 1787 presided by George Washington (Standards,B.). There were several failed attempts to create a government and that is why the convention was called. Under America’s first governing document, the Articles of Confederation, that national government was very weak and the states operated like independent countries (The U.S. Constitution, 2016).Without the constitution each states government would not have any type of structure or anything to go by. The Constitution is broken into three branches: Legislative, Executive, and the Judicial Branch (Holzer, Schwester, 1977). In the
A constitution is the fundamental principles of government in a nation, either implied in its laws, institutions, and customs, or embodied in one fundamental document. The U.S. Constitution was completed on September 17, 1789 and has served as a model for the constitutions of many other nations. The constitution of the United States of America is the oldest written national constitution in use and consists of twenty-seven amendments.
A constitution is the system of fundamental principles according to which a nation is governed. Our founding fathers created the US Constitution to
The United States Constitution established the nation’s national government and fundamental laws as well as implemented basic rights for all citizens. On September 17,1787, the United States Constitution was created by delegates in the Philadelphia, which allows each branch to uphold different work ethics and to ensure that each branch has equal authority. A written constitution clearly defines the limitation that each government, branches, and citizens can obtain in order to have a democracy world rather than a dictatorship. United States Constitution allows residents to understand their rights and to familiarize themselves with their state and federal government’s laws. It is important to understand that the written constitution does not
The Advantages and Disadvantages of an Unwritten Constitution in the UK The UK has an unwritten constitution unlike the U.S.A. Instead Britain's laws, policies and codes are developed through statutes, common law, convention and more recently E.U law. It is misleading to call the British constitution unwritten; a more precise form of classification would be un-codified. This means that the British constitution has no single document, which states principles and rules of a state. However, The British constitution clearly sets out how political power is allocated and where it is legally located. The British constitution is still visible and it defines composition and powers of the main offices and
The Articles of Confederation and the U.S. Constitution are very different government documents. The Articles establishing a confederacy, which is where the states have all the and the federal government is more of a suggestion. Whereas the Constitution established a federalist government, which is where the federal government has most of the power and the states have a limited amount. Overall, there are more advantages to the federalist government. Almost every decision the government makes is by a trusted group of elected congressmen. With a confederacy you have all the states that have a chance to put the other states in danger. Like if Texas declared war on Canada that would put all the states above them
When people gather together for form a society, they will automatically need a fundamental law (constitution) that will be above everything and everyone. Constitution is what actually regulates a country. It provides rights and set up obligations for everyone. The United States constitution is one of the greatest documents ever written. It provides liberty, prosperity, equality, more importantly huge freedom. However, the ratification of the U.S. constitution was not an easy task. The farmers had trouble to agree on several issues such as the representation and distribution of political powers; how to prevent excessive democracy; and the protection of individual liberties, etc.
the founding document of our nation’s laws and government. Within its texts, the Constitution outlines the operations and existence of all three branches of government, Executive, Legislative, and Judicial, as well as their functions and interdependence. The constitution also includes the Bill of Rights, and all other amendments that serve as a basis for any law created in our country at either the federal or state level. While semi-extensive, the main rights we share are those from the bill of rights, which
The U.S. Constitution is the document of the principles and system of the United States government. It covers the goals of the new government, the system and purpose of each branch, how the states will work, how to amend the constitution, the supremacy of the national government, and the process of ratification. The U.S. Constitution is the supreme law of America, that must be followed by everyone. The Constitution of the United States was established at the 1787 Constitutional Convention and signed in 1787. The Constitution is the structure of America, it tells us how everything will work in this nation of ours. Without the Constitution, there would not be any specified rules of how this country is set up and how it works. The Constitution makes us who we are today, it establishes our system of government, our rules of what we can and can’t do, what the government can do for the people, and how everything in America is set up.
The fundamental characteristics of a constitutional government contain of a written document which establishes the rules, rights, and principles of the government. These characteristics are the establishment of individual rights, federalism, higher law, separation of powers, and checks and balances. The establishment of all these rules, rights, and principles are all an
The Constitution is a set of basic principles and laws that states the power and duties of the government, and is still used today. The Constitution limited the power of the national government and protected the rights of the people
1. A constitution is a charter that both establishes a government and delineates fundamental rights and obligations of that government and of individuals who fall within the territory covered by the constitution. The Constitution of the U.S. provided for a federal union of the states and a federal government divided into three branches (legislative, judicial, and executive) to operate the union. The fundamental rights of the Constitution are known as the Ten Amendments, which make up the Bill of Rights. The Constitution gives the government limited power and describes what they can and cannot do, how to govern the legal system, and give rights to citizens.
The Constitution may be one of the greatest accomplishments of our time, facilitating great progress between the states while uniting our country as one. The constitution establishes firm laws that encompass our main beliefs as a nation such as freedom, equality and justice. Under this new form of government, firm laws will be emplaced in order to ensure the beliefs that America stands for.
First and foremost, the constitution establshed the structure of the government. By dividing responsibilty and power between three seperate branches, the constitution ensures the promotion of the general welfare of the people. This equal distribution of power does not allow for abuse or tyranny. Each branch must abide by the checks and balances put forth in each sction of the constitution. A government must listen to and abide by its people in order to ensure domestic tranquility. A government that does not listen to its people will create turmoil within a society, much like the tyranny of British rule in the colonies inspired the revolution.The constitution establishes election processes fir the sole purpose. Officials are elected by the people and elections are held at regular intervals. This promotes the power and voice of the people, a major principle of the