Discuss the advantages and disadvantages of the unwritten constitution.
Discuss the advantages and disadvantages of the unwritten constitution.
Mention the pros and cons of the unwritten constitution.
Discuss the merits and demerits of the unwritten constitution.
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Concept of unwritten constitution: -
Unwritten constitutions are not based on specific plans, national ideals, political perspectives, etc., like written constitutions. Even unwritten constitutions are not written by any specific state authority, Constituent Assembly or Legislature. Thus, the basis of the unwritten constitution is formed through long-standing social and legal customs, practices, traditions, and various social practices.
Great Britain has a wide range of uses of unwritten constitution. In Britain, special emphasis is placed on customs and traditions, rather than on the constitutional provisions of the written constitution.
Advantages of unwritten constitution: -
1. Flexibility: - The biggest advantage of the unwritten constitution is that the unwritten constitution is flexible. The unwritten constitution can be changed in harmony with any changing political, social and economic system. As a result, the hopes and aspirations of the people are fulfilled and stability is created in the political arena.
2. Changeable: - Unwritten constitution is easily changeable. Therefore, in any emergency, the constitution can be changed quickly or new laws can be enacted in line with the needs. As a result, political scientists consider the unwritten constitution as the basis of state power.
3. Reducing the likelihood of conflict: - If the constitution is written and not easily changeable, it cannot always proceed in accordance with the hopes and aspirations of the people. But since the unwritten constitution is flexible , it can keep pace with the hopes and aspirations of the people. As a result, the possibility of conflict between the citizen and the state is reduced.
4. Mobility: - The effectiveness of any constitution depends on its mobility. Since the unwritten constitution is flexible , the unwritten constitution can maintain its dynamic character.
5. Suitable for emergencies: - In case of emergencies in the state, quick decision making and legislation are required. The unwritten constitution is considered to be more appropriate in times of emergency due to its flexible nature.
6. Emphasis on customary practices, customs, etc .: - The unwritten constitution gives due importance to the prevailing social, political practices, customs, manners, beliefs and norms, national values, etc. As a result, the unwritten constitution can be adapted to the state life and system.
7. Complexity free: - The unwritten constitution is free from all kinds of complexities and assists in running the state on the basis of customary customs, traditions etc. As a result, different institutions of the state do not have to face complications in managing their respective duties.
Disadvantages of unwritten constitution: -
1. Lack of stability: - The Director of State or the ruling party changes the rules and regulations according to their own needs and convenience. As a result, the laws and regulations of the unwritten constitution are not permanent. The unwritten constitution changes frequently with the hopes and aspirations of the people and the will of the government.
2. Fear of the ruler becoming dictatorial: - The unwritten constitution is changed in the hands of the government. The government can change the constitution as it pleases. As a result, there is a danger of the government becoming dictatorial in the unwritten constitutional system.
3. Lack of clarity and precision: - The laws of the unwritten constitution are not in written form. It is not introduced by any Constituent Assembly or Legislative Assembly. Discussions, interpretations, etc. of various provisions of this type of constitution are missing. As a result, the unwritten constitution is vague and indefinite.
4. Civil rights neglected: - People are not aware of their rights as the unwritten constitution is unwritten. As a result, the government can easily curtail the rights of the people and serve its own interests. As a result, the unwritten constitution is in no way effective in protecting the fundamental rights of citizens.
5. Unsuitable for federal system: - Decentralization of state power occurs in federal system. All the powers of the state are divided into different institutions. If the constitution is not written in the federal system, there will be problems in every aspect of running the state. Therefore, an unwritten constitution is not desirable in the federal system.
6. Dominance of the Central Government: - The Central Government has the right to amend the unwritten constitution and make laws. As a result, the central government took all the power into its own hands and made the state governments their obedient slaves. In that case the state governments have no power.
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