Written and Unwritten Constitution - Essay Example

Comments (0) Cite this document
Summary
All publicists distinguish between written and unwritten constitutions, although the distinction is somewhat superficial. A State is deemed to have a written constitution when the basic principles and institutions of its political organization are to be found in a document or a series of documents…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER93.2% of users find it useful
Written and Unwritten Constitution
Read TextPreview

Extract of sample "Written and Unwritten Constitution"

Download file to see previous pages As we have already seen, the sources of the British Constitution are many and various, and may generally be grouped under four heads:
This distinction between written and unwritten constitutions has led to the establishment of a far more important classification of written and unwritten constitutions. The idea of permanency is closely associated with the concept of constitution so much so that stability is considered to be one of its main attributes. Written constitutions are considered to be more permanent and, therefore, more written, because, generally speaking, they cannot be amended except by a special process or by means of special machinery. Unwritten constitutions, on the other hand, are deemed to be unwritten because they can be amended or altered by the ordinary process of legislation. It should, however, be noted that the distinction between written and unwritten constitutions does not necessarily depend on the distinction between written and unwritten constitutions. A written constitution may be as unwritten as an unwritten constitution. A typical instance is furnished by the Italian Constitution of 1848 which, according to the generally accepted view, could be amended by the ordinary process of legislation. (Smith, 2001, 80)
The distinction between written and unwritten constitutions was pointed out for the first time by Bryce, and has now become a fundamental concept of constitutional law and practice. According to Bryce, there are two types of constitutions: those which have grown organically without any pattern either in their form or in their content and which consist of a variety of laws, conventions and customs. (Bogdanor, 1997, 351)
The second type is the result of systematic, exhaustive and conscious labour. The first type is derived from the same source as the ordinary laws and, consequently, may be abrogated or revised by the same organ and in the same manner as in the case of ordinary laws; and this he calls an unwritten constitution. On the other hand, a written constitution is derived from a source other than that of ordinary laws and is of a rank superior to that of ordinary laws. It can only be annulled or amended by the same organ which created it or some other organ to which its power has been delegated. In other words, a written constitution is one which demands for its amendment or revision special machinery or a special method. 1 It, therefore, occupies a privileged position and possesses a greater guarantee of permanence: a situation which French jurists have described as constitutional super-legality. In theory, therefore, inflexibility is the essence of this system. (Patterson, 1947, 135) A typical instance of a written constitution is furnished by the United States of America. Article 7 of the Constitution prescribes two different methods of amendment: (i) either two-thirds of both Houses of the Congress may propose amendments, or legislatures of two-thirds of the States may call a convention for proposing amendments, and (ii) the ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Written and Unwritten Constitution Essay Example | Topics and Well Written Essays - 1750 words”, n.d.)
Retrieved from https://studentshare.org/politics/1532260-written-and-unwritten-constitution
(Written and Unwritten Constitution Essay Example | Topics and Well Written Essays - 1750 Words)
https://studentshare.org/politics/1532260-written-and-unwritten-constitution.
“Written and Unwritten Constitution Essay Example | Topics and Well Written Essays - 1750 Words”, n.d. https://studentshare.org/politics/1532260-written-and-unwritten-constitution.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Written and Unwritten Constitution

The UK Now Needs a Written Constitution

...threat does not appear to be materialistic any more. Further, the renowned legal expert Barber comments that “The United Kingdom is in the unusual position of having an unwritten constitution that works passably well—sufficiently well, at least, to allow us to consider whether we want a new constitution.”3 Critics of a written constitution for the UK hold that such an arrangement may lead to serious disruption of the functionality of legislature and judiciary both alike. The judiciary may become excessively powerful and the judges will be empowered so much so that they are able to strike down any legislation that they consider to be unconstitutional.4...
4 Pages(1000 words)Essay

Constitution

...? The Bill of Rights Importance in the Justice System The foundation of the American criminal justice system is located within the U.S. Constitution, specifically in the Bill of Rights, the first 10 Amendments to the Constitution which guarantees every U.S. citizen certain fundamental liberties and rights. With regard to criminal procedures, the foremost of these rights is the assumption of innocence. Though not explicitly written into the Constitution, this presumption has been interpreted by several court rulings as implied in the Eighth and Fifth Amendments. It has become a fundamental right that is universally recognized by the courts and public alike. Under this...
3 Pages(750 words)Essay

Should the United Kingdom Introduce a Written Constitution

...in the constitution are patterned after the countrys traditions and culture. A constitution may come in two forms --the written and unwritten constitution. When these set of laws are put in writing and bound in a single document it is then called a written constitution, otherwise it is referred to as an unwritten constitution. Presently, most countries have formulated and are functioning and enforcing their laws through a written constitution. In the United Kingdom of Great Britain and Northern Ireland (United Kingdom) however is far removed from these...
15 Pages(3750 words)Essay

Constitution

...Baker vs. Carr in promoting Democracy and Constitutional Government: The American constitution provides for a democratic form of government. Democracy is a system of majority rule, characterized by the notion of a one man one vote system.In 1788, the United States constitution adopted the notion of natural freedom and equality1.The provisions of this constitution provided for an elected government, and it was concerned with the civil rights and liberties of all America citizens. Due to these changes in the constitution, democracy was entrenched in the social lives of all America citizens. During this period, democracy led to a political, social and...
7 Pages(1750 words)Term Paper

Unwritten Constitution

...An Unwritten Constitution Is "Not Worth Paper It Is Not Written On". Discuss Thomas Paine1 said: "[A] constitution is not the act of a government, but of a people constituting a government, and a government without a constitution is power without right.a constitution is a thing antecedent to a government; and a government is only the creature of a constitution". Paine's definition of constitution is based upon 4 premises: 1. the constitution precedes and establishes the system of government; 2. the people are the superior authority; 3. the constitution...
3 Pages(750 words)Essay

Britain Unwritten Constitution

...Why has Britain unwritten constitution faced such criticism over the last 30 years Introduction The Constitution of the United Kingdom is an example of an uncodified constitution. It consists of written and unwritten sources and has no single written fundamental document.1 In other words, it means that there is no technical difference between ordinary statutes and laws considered as constitutional laws. In that case, the Parliament of the United Kingdom can perform constitutional reform by only passing Acts of Parliament and therefore has the power to change or abolish any...
8 Pages(2000 words)Essay

Constitution

..."Our Unconstitutional Congress - Congress spending money on programs not d in the Constitution" is an article by Stephen Moore that criticizes the way Congress appropriates federal funds. His main point is that, though the Constitution empowered Congress to allocate or spend government funds, these powers are only limited and is very specific. And at present, the way Congress spends federal funds, it is going beyond the powers that the Constitution vested it. In the article of Moore, he claimed that in the earlier days, the federal government only had limited funds and only a number of things to spend on. Today however, federal budget amounts to billions of dollars and it subsidizes on...
4 Pages(1000 words)Essay

Written and Unwritten Constitution

...Running Head: WRITTEN AND UNWRITTEN CONSTITUTION Written and Unwritten Constitution of the of the Written and Unwritten Constitution All publicists distinguish between written and unwritten constitutions, although the distinction is somewhat superficial. A State is deemed to have a written constitution when the basic principles and institutions of its political organization are to be found in a document or a series of documents. Such is, for instance, the Constitution of the Indian...
7 Pages(1750 words)Essay

Lack of Written Constitution in U.K

...WHY U.K NEEDS A WRITTEN CONSTITUTION? Introduction The United Kingdom is practicing an unusual model of a democracy as it does not have a written constitution. Its constitution is footed on usage and custom and majority of UK constitution contains of “conventions “that are not written by way of any sanctified document. Majority of principles of U.K constitution are originated from judicial pronouncements or from legislative acts. (A. V. Dicey, 1959). Lack of written constitution in U.K has been considered as a major issue in the legal sphere. The advocates of written constitution reiterate that it would offer greater democracy and accountability. Many are of the view that U.K constitution is unwritten. However, this is not true... ...
9 Pages(2250 words)Essay

Constitution

...General Welfare General Welfare The phrase “general welfare” has consistently made appearance in most books of the law and constitutions of most nations. McGee (2014) notes that not only does its appearance make a general representation of the law, but it also brings about a grey area which most people are yet to comprehend. General welfare has also made its appearance in parts of the constitution of United States such as in the description of the role of the congress on article 1 section 8 of the constitution. In as far as, it is an implied term; it is very notable how its meaning can be extrapolated to issues such as health all of which are issues of concern to both the government and...
1 Pages(250 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Written and Unwritten Constitution for FREE!

Contact Us