In other words a distinction between constitutional law and ordinary law is maintained. Nor can it be ever in the mind of the constitutional fathers to work out in all details a complete and final scheme of government operative for generations to come. Written - all in one comprehensive document accessibility 2. It forms a basic framework which the government can use as guidelines for running the country. If the electoral college ignored the state popular votes would the American people accept their choice of President? Overlaps with other areas of law - Entick v Carrington Other features: 1. Some of these matters have been subject to parliamentary action for centuries now. Therefore in conclusion of the constitution and the question as to whether or not it is more advantageous in having written constitution, through weighing the advantages and the disadvantages up, I believe that we should keep the unwritten constitution, the main reason, that we have survived for many years,, and highlighting this the fact that we have survived two world wars.
The American Constitution is a prime example of codified law. Constitutions exist as national and regional. As for example, the Constitution of America provides for an indirect election of the President, but as a matter of convention, presidential election has become direct. Why should we entertain such a fundamental change to the bedrock of our constitutional arrangements? No ability to specify federal divisions of powers d. The constitution of the U. It turns out that even in this most elegantly terse document there are gaps for interpretation broad enough to drive a legal tank through. A broad interpretation of the Constitution would be one that allowsa considerable amount of flexibility.
It consists of customs, conventions, traditions, and some written laws bearing different dates. If it had been strictly memory, the Constitution would have died with Jefferson and all those at the Constitutional Convention. Section 3 was to insist the laws should be 'read and given effect in a way which is compatible'23 with the 1998 Act, and section 4 was to confer power on the courts to declare any statute of 'incompatibility'24. Thus, a written constitution would create less confusion and the meaning about laws and rights may be greater enforced. It is precise, definite and systematic. The most notable of these is Magna Charta, which received the royal approval of King John in 1215, and, with slight modifications, was reapproved by many of his successors. However it would be wrong to say that they are identical, apart from the most obvious difference under the surface this main difference has many effects, in particular the unwritten constitution.
He is a member of the Magna Carta 800th Anniversary Committee. Maps help us get where we want to go by following a definite path. Even in the Indian Constitution, which has been written so recently, conventions have grown. A constitution consists of rules, laws and other practices which distinguish and illustrate the institutions of government, and the type of powers within the institutions as well as the forms and procedures through which powers of this nature should be exercised. The constitution of the U. Union and its Territory 6. Some text writers and a few judges have assumed that there is back of the written constitution a general unwritten constitution, somewhat analogous to that of Great Britain, serving as a limitation on the exercise of the powers of government as denned by the written instruments.
It does not consist of formal declarations or guarantees like a written constitution, this may result in lack of clarity and difficulty in grasping the content as it is subject to many interpretations. Modern written constitutions owe their origin to the charters of liberty granted by the kings in Middle Ages. But it is evident that these so-called rules are not a part of our constitutional law. This was also applied to Britain as its unwritten constitution was initiated following the Bill of Rights of 1686 and Act of Settlement 1701 which both played a major role in shifting power from the monarch to parliament. The Constitution of England is typical example of an unwritten constitution.
Anyway, the unusual election result was resolved amicably. The exception of this was if a Bill was finacially related under a Unwritten Constitution , which in most cases suited the Lords fine. The set of rules a constitution consists of includes that which seek to establish the powers and functions of various bodies of government, regulate the relationship between these bodies, and define the extent of civil liberties. However, The British constitution clearly sets out how political power is allocated and where it is legally located. Written - Stability provides a protective function 3. The process by which a country adopts a constitution is closely tied to the historical and political context driving these fundamental changes. But even then it is overlaid with conventions and traditions.
Each parliamentary system has its own characteristic constitution with varying balance between written e. Others were formerly left to custom. In Great Britain no acts of Parliament regularly adopted can be said to be unconstitutional in the sense of being invalid and without legal effect. Since then every president has had one. The British Constitution is not a tangible object, as opposed to its U.
The Federalists, on the other hand, favored amore ambiguous interpretation that would allow to the government toassume additional power when needed. Image of the House of Commons, from True Platforme and Manner of the Sitting in the Lower House of Parliament This is the earliest representation of the House of Commons. This is referred to as a written constitution. Unwritten Constitution: An unwritten constitution is one in which most of the principles of the government have never been enacted in the form of laws. One advantage of the uncodified constitution, which would probably be considered the main one, is that it is flexible and easy to change. This point may be illustrated by few examples taken from the United States which is represented as the best type of a.