Written and Unwritten Components of the Constitution Essay -- Politics

A arrangement is a thing power to a presidency, and a government is only the creature of a temper. A constitution is not the act of government, but of people constituting a government, and government without a constitution is power without a right. (1)Thomas Paine A constitution is the system of laws, customs and conventions which define the composition and power of organs of the declare, and rank the relations of the various state organs to one another and to the undercover citizen. (2) According to Helen Fenwick and Govin Phillipson, the purpose of a constitution is to control the power of the state and ensure that that power derives from a legitimate source. (3) There are legion(predicate) ways to clarify types of constitutions but the most significant are milkweed butterfly or republican, unitary or federal, and pen or unwritten. The latter illumination has raised large debates for many centuries and was discussed by eminent scholars, starting with Walter Bagehot to Vernon Bogdanor. This audition will evaluate main strength and weaknesses of two, viz. a constitution as a single document, the doctrine of separation of powers, and flexibility and intrenchment of written and unwritten constitutions First of all, a written constitution is a codified single document which comprises rules of governing a country as well as rights, duties and freedoms of individuals within the country. However, an unwritten constitution, also termed as an uncodified constitution, is divers(a) of different pieces of legislation, customs and political conventions. There are only cardinal countries in the world which have unwritten constitution, including New Zealand, Israel, and the United Kingdom. Usually, a constitution can be written after a m... ...ugh both Houses of Parliament and receive three-fifth majority (17). Professor John McEldowney(16) writes that the advantages of entrenchment of written constitution is that it limits powers of the govern ment to interfere into different branches of government, namely the executive, the legislature, and the judiciary. What is more, the entrenchment constitution, foreign flexible unwritten constitution, provides rational approach to social world in the way it does not depend on the government of the day, (18) However, Anthony Bradley and Ewing have more positive aspire of view towards flexible unwritten constitution relied on political principles rather than legal rules established by written constitution. (19) This point of view can be demonstrated by the capital punishment article of the American entrenched constitution, which infringes fundamental human rights.