What is the written constitution? Discuss the advantages and disadvantages of a written constitution.
What is the written constitution? Discuss the advantages and disadvantages of a written constitution.
Mention the positive and negative aspects of the written constitution.
Discuss the merits and demerits of the written constitution.
Concept of written constitution: -
Written constitution refers to the type of constitution in which all or most of the rules, instructions and procedures of governing the state are present in written form and each rule or instruction can be presented as a document.
Written constitutions are usually made by a specific Constituent Assembly or legislature. Notable examples of written constitutions are the constitutions of states like India, USA, Switzerland, China etc.
Advantages of written constitution: -
1. Written constitution is precise and clear: - Rules, instructions, etc. of the written constitution are clearly and precisely present. Structure of every institution of the state; Structure and functions of government; The rights and duties of the citizens are clearly mentioned. As a result, there is an advantage in running the state and the possibility of conflict between different departments of the government is reduced and the effectiveness is increased.
2. Stability: - Written constitution is usually not changeable. As a result, this constitution cannot be changed very easily and the process of changing is very complicated. For this reason, a written constitution is much more stable than an unwritten constitution.
3. Suitable for federal structure: - In the federal system, power is decentralized and power is distributed among different government agencies. As a result, the constitution must be written in the federal system of government. If the constitution is not written in the federal system, disputes between different institutions of government are inevitable.
4. Protection of democratic rights: - Once the constitution is written, the state cannot curtail the rights of its citizens at will. Citizens can also legally fight against the state to assert their rights. As a result, a written constitution to protect the fundamental rights and other rights of citizens is absolutely desirable.
5. Suitable for fair justice: - All the instructions, orders, rules, etc. of the written constitution are clearly present in written form. There is also a detailed discussion of each of the provisions of the written constitution. For all these reasons, the written constitution is conducive to the administration of justice.
6. Accurate reflection of public opinion: - Written constitution is written by Constituent Assembly or Convention. Elected people's representatives participate in the Constituent Assembly and the Convention. As a result, it can be said that public opinion is truly reflected in the instructions of the written constitution.
7. Written constitution is a symbol of dignity: - The provisions of the written constitution cannot be easily changed. They are much more durable. As a result, the written constitution plays an important role in fulfilling the aspirations of the people and protecting their fundamental rights. Therefore, the written constitution is a symbol of much more dignity to the people.
Disadvantages of written constitution: -
1. Lack of mobility: - Written constitution is not easily changeable. Therefore, the written constitution cannot be easily changed in line with the hopes and aspirations of the people. As a result, a written constitution cannot keep pace with variability.
2. Imbalance and complexity in running the government: - Written constitution can increase imbalance and complexity in running the government. Various errors and imperfections in the written constitution create obstacles in the conduct of government functions.
3. Not the protector of fundamental rights: - Although the written constitutions recognize the fundamental rights of the people, they impose many restrictions on them. The government uses these restrictions to its advantage and restricts the fundamental rights of citizens.
4. Not suitable in case of emergency: - Written constitution is not suitable in case of emergency under any circumstances. In times of emergency, action can be taken against emergency by the state , speedily amending the constitution or enacting new laws. But that is not possible in the case of a written constitution.
5. Incompleteness: - The written constitution does not contain all kinds of administrative instructions, policies for running the government, etc. in written form. That is why the written constitution is called an incomplete constitution.
6. Establishment of the supremacy of the judiciary: - The supremacy of the judiciary is established in the federal system if the constitution is written . Since the judiciary is considered to be the guardian of the constitution, the judiciary enjoys full power in interpreting the constitution. As a result, the supremacy of the judiciary is established over the other two branches of government, namely, the judiciary and the legislature.
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