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Merits and demerits of codified constitution
Merits and demerits of codified constitution
List the differences between written and unwritten constitution
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Introduction
A constitution is a body of fundamental principles or established precedents according to which a state or other organization is acknowledged to be governed; regulating the relationships between and among institutions and defining the relationship between the individual and state. Constitutions can be federal, unitary, constitutional or unconstitutional and are flexible or rigid; and furthermore, written or unwritten; the most common when comparing classification. America is an example of a country with a codified constitution and the United Kingdom is an example of a country with an uncodified constitution. In this essay, I will discuss why I think the UK should not adopt a written constitution.
Unwritten and written constitutions
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A codified constitution would reduce the governments political power, effectively ending the principle of parliamentary sovereignty and subsequently elective dictatorship. It would remove executive dominance and constitutional imbalance in the governments need to win elections. An example of this is in the UK by the position of the Prime Minister and their Cabinets great power from the constitution because of their membership of both the Executive and the Legislature. In America, there is a clearer separation of powers and the President is only the Executive and his areas of influence are far less reaching. The existence of a higher law would also mean safeguarding of the constitution making it impossible for the government to interfere with and since senior judges will also police the written constitution it would allow for neutral interpretation, placing them above politics and identifying them as impartial constitutional …show more content…
To some extent the uncodified constitution has been adequate in reaching the requirements of a changing society without resorting to authoritarian governance which would suggest that the unwritten constitution has both handled the separation of powers and contains functional value. Since codified constitutions cannot be changed easily it would mean that changing social and political circumstances would prove very difficult to respond to and furthermore, many people believe that the unwritten constitution has worked thus far and ensured a long history of
Sixteenth Amendment- Authorization of an Income Tax – Progressives thought this would slow down the rising wealth of the richest Americans by using a sliding or progressive scale where the wealthier would pay more into the system. In 1907, Roosevelt supported the tax but it took two years until his Successor, Taft endorsed the constitutional amendment for the tax. The Sixteenth Amendment was finally ratified by the states in 1913. The origin of the income tax came William J Bryan in 1894 to help redistribute wealth and then from Roosevelt and his dedication to reform of corporations. I agree with an income tax to pay for all of our government systems and departments, but I believe there was a misfire with “redistributing wealth.” The redistribution is seen in welfare systems whereby individuals receive money to live. This is meant to be a temporary assistance, but sadly, most that are in the system are stuck due to lack of assistance in learning how to escape poverty. There are a lot of government funded programs, but there is no general help system to help lift people up and stay up, so there continues a cycle of
The constitution of the UK is very unique compared to the constitutions in other European countries. In this essay, I will talk about the features of the UK constitution, the sources of the constitution and the principles, which guide it. This essay will also include key points about the uncodified nature of the constitution, and the advantages and disadvantages that come along with it. A topic of discussion has been whether or not the uncodified nature of the constitution of the UK should remain the same, or if, it should be codified. I will further discuss these ideas in this essay and highlight the pros and cons from both sides – codified and uncodified.
The Constitution of the United States is one of the most iconic and important documents of all time. However, when it was first generated, its writing and ratification caused some major concerns. The purpose of the Constitution was to address the great number of issues of a new nation. To be more specific, the Constitution was meant to resolve the political, economic, and social problems of the country. Nevertheless, the document spurred much discussion and concern over people’s rights, the economy, and political corruption.
The constitution was a document that embodies the fundamental laws and principles by which the U.S is governed. The constitution states basic rights for its citizens. Delegates signed the constitution on September 17, 1787. There is a total of 27 constitutional amendments. The reasoning for writing it was for a stronger federal government - legislative, executive and judicial. The constitution was a break with a past of ‘unfair’ taxes, wars and ‘unfair’ treatment.
The United States' Constitution is one the most heralded documents in our nation's history. It is also the most copied Constitution in the world. Many nations have taken the ideals and values from our Constitution and instilled them in their own. It is amazing to think that after 200 years, it still holds relevance to our nation's politics and procedures. However, regardless of how important this document is to our government, the operation remains time consuming and ineffective. The U.S. Constitution established an inefficient system that encourages careful deliberation between government factions representing different and sometimes competing interests.
The Constitution is the foundation of our county it represents liberty and justice for all. We are able to live freely and do, as we desire because of the constitution. The constitution was, signed September 17, 1787 at the Constitutional Convention in Philadelphia. It took time and many debates were held before an agreement was achieved in both the drafting and ratification of the constitution. These disagreements came with several compromises before the constitution was fully ratified on May 29, 1790, with Rhode Island being the last and the thirteenth. The First, challenge was the Articles of Confederation; it was a sort of a draft of the Constitution but was weak and inadequate. Second, obstacle was the Anti-Federalists fight for more
The document I chose to write about is the United States Constitution. When the thirteen British colonies in North America declared their independence in 1776, they laid down that “governments are instituted among Men, deriving their just powers from the consent of the governed.” The “colonies” had to establish a government, which would be the framework for the United States. The purpose of a written constitution is to define and therefore more specifically limit government powers. After the Articles of Confederation failed to work in the 13 colonies, the U.S. Constitution was created in 1787.
Today our country is who we are today based on an important document that changed our lives forever; The Constitution of The United States. This document is a revision of the Articles of Confederation that was ratified in 1781; the United States Constitution was ratified in 1788. The document contains 4,543 words and 27 amendments that are the reasons we can do the certain things we do today. The United States Constitution has an impact on my life as a college student living and working due to me being able to attend college as a black student, taxes being taken out of my everyday life activities, being a young woman able to work and having equal rights as men, and lastly being an 18 year old citizen having the right to vote for our president or in our case presently, electoral college.
There will probably never be a document or Constitution that fully represents the views and the conditions of today’s society, although the Constitution now does not accurately reflect the views of society today. The Constitution was drafted in the late 1700’s, so it reflects the views and problems that were ongoing during that time period (Constitution Government). The problems facing the newly formed nation during its founding aren’t the same problems that the nation is facing today. Changes can be made to the constitution, but they are very difficult to actually get changes or additions approved. There have been almost 11,000 attempts to change the constitution, but only 27 changes/amendments have actually been made and with each change the constitution loses its value (Constitution Government). In order to add an amendment or change the Constitution, a person must go through a very lengthy process. To add an amendment, the amendment must be proposed by either the Congress with two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures. Adding an amendment through a constitutional convention is significantly more difficult, so none of the current 27 amendments have been added through this way (Constitutional Amendment). With the 11,000 attempts to change the constitution, it is clear that society believes that there are changes that need to be made to the document to keep it relevant with today’s
According to Thomas Jefferson, all men are created equal with certain unalienable rights. Unalienable rights are rights given to the people by their Creator rather than by government. These rights are inseparable from us and can’t be altered, denied, nullified or taken away by any government, except in extremely rare circumstances in which the government can take action against a particular right as long as it is in favor of the people’s safety. The Declaration of Independence of the United States of America mentions three examples of unalienable rights: “Life, Liberty and the pursuit of Happiness”. I believe these rights, since they are acquired by every human being from the day they are conceived, should always be respected, but being realistic, most of the time, the government intervenes and either diminishes or
The United State of America, established by the Founding Father who lead the American Revolution, accomplished many hardship in order to construct what America is today. As history established America’s future, the suffering the United State encountered through history illustrate America’s ability to identify mistakes and make changes to prevent the predictable. The 2nd Amendment was written by the Founding Father who had their rights to bear arms revoked when they believe rising up to their government was appropriate. The Twentieth Century, American’s are divided on the 2nd Amendment rights, “The right to bear arms.” To understand why the Founding Father written this Amendment, investigating the histories and current measures may help the American people gain a better understanding of gun’s rights in today’s America.
A constitution is the system of fundamental principles according to which a nation is governed. Our founding fathers created the US Constitution to set specific standards for our country. We must ask ourselves why our founding fathers created the Constitution in the first place. America revolted against the British due to their monarchy form of government. After the American Revolution, each of the original 13 colonies operated under its own rules of government. Most states were against any form of centralized rule from the government. They feared that what happened in England would happen again. They decided to write the Articles of Confederation, which was ratified in 1781. It was not effective and it led to many problems. The central government could not regulate commerce between states, deal with foreign governments or settle disputes. The country was falling apart at its seams. The central government could not provide assistance to the state because there wasn’t a central army. When they realized that the Articles of Confederation was not up to par, they held a convention, known as the Constitutional Convention of 1787. As a result of t...
Tenth Amendment Our bill of rights all began when James Madison, the primary author of the constitution, proposed 20 amendments to the bill of rights and not the ten we know of today. Madison sent these twenty proposed rights through the House and the Senate and was left with twelve bills of rights. Madison himself took some of it out. These amendments were then sent to the states to be ratified. Virginia was the tenth state out of the fourteenth states to approve 10 out of 12 amendments.
The word ‘constitution’ is commonly used to describe a written legal document that embodies a set of rules and principles that ‘establish and regulate or govern the government’ of a country. The United Kingdom, however, does not have such a document.
The Constitution or “the supreme law of the land”, as stated in article six in the constitution is very complex. It is complex not only in its actual text full of ambiguities and vagueness, but it becomes more complex when used in practice and interpreted. Constitutional interpretation is significant because it is what decides what the constitution actually means. Constitutional interpretation is a guide judges use to find the legal meaning of the constitution. The interpretation of the constitution and amendments can make a big impact on outcomes. In our government and Judiciary, we see commonly see originalism being used to interpret the constitution and amendments, but there