The United States is one of the countries which have a written form of a Constitution. The written Constitution comes with various benefits as well as some limitations. One of the benefits of having a written Constitution is the fact that it allows for referencing and any breach can be easily noted without any doubts. With a well written Constitution, making changes to the Constitution becomes very difficult as the processes are quite long. Consequently, the United Kingdom has for a long time, used an unwritten form of Constitution. The unwritten Constitution also comes with certain advantages as in the British Constitution. One of the advantages of the unwritten constitution is that it is flexible and upholds public opinion
Benefits of the Written Constitution
A written Constitution is quite clear and precise hence it is free from any form of ambiguity and doubt. The written constitution puts emphasis on the importance and the rule of law. With a written Constitution referencing can easily be done at any time and any breach of the principles of the constitution can easily be noted. The written constitution defines the power and the limits of a ruler and ensures that the ruler does not abuse his or her power. The written constitution also protects and upholds the interests of the minority groups. In the written constitution the rights of every individual are properly defined and protected. Depriving an individual of his or her fundamental rights is considered unconstitutional. The constitution establishes the power and the mandate of every arm of the government. In the United States, the written constitution accurately defines and distributes power between the federal government and the States. The written constitution is quite essential for providing referencing in matters of law and politics ( Mason & Stephenson, 2015) .
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Disadvantages of the Written Constitution
The written constitution consists of a lot of issues which concern a whole nation. Therefore, coming up with a written constitution and putting all the laws of a country in one place is quite challenging as well as involving. The lawmaking process has to be done in a way that ensures that a majority of the country’s population is in favor of the constitution. One of the setbacks of a written constitution is the fact that it undergoes quite a long process of lawmaking. Making changes to the written constitution presents yet another challenge as a long process consisting of a parliamentary approval stage, has to be followed. A written constitution also tends to emphasize a lot on the rule of law and has little regard to the importance of the public opinion. In changing times, the written constitution may fail to cope which may lead to crises such as revolt against the government and civil wars. A written constitution is also subject to alteration especially when rulers become obsessed with power and want to change the laws to suit their interests.
Advantages of Unwritten Constitution
As blank as it sounds, the unwritten constitution of the United Kingdom also has written elements which are stored in Statutes and the law reports. The unwritten constitution also comes with various advantages. This form of Constitution gives power or space for the parliament to come with the best ways of creating efficient laws and taking the nation forward. Unlike the written constitution, with an unwritten constitution, it is much easier to make changes to laws. The constitutional amendment does not go through technical procedures and also takes a shorter time. The written constitution is quite flexible and also considers the importance of public opinion in various issues ( Law, 2010) .
References
Law, D. S. (2010). Constitutions. Routledge.
Mason, A. T., & Stephenson, G. (2015). American constitutional law: introductory essays and selected cases . Routledge.
