A constitution is a fundamental building block in any nation’s government foundation; it establishes the relationship between the government and the governed, highlighting the principles of the state and the organisation of the different branches in which we are managed and maintained. As a collection of statute law, common law, conventions, European treaties and laws and works of authority, each of these different sources that contribute to the constitution are processed and regulated in extremely different ways. A constitution is found in two ways; uncodified or codified, codified being the placement of all laws and statutes in one place such as the US constitution and uncodified being a collection of laws and statutes that aren’t compiled …show more content…
Remaining uncodified is a result of two main things: A codified constitution is usually the result of massive, constitutional change which our nation has not seen since the time of 1066 when we briefly became a republic with the abolishment of the monarchy. Therefore a codified constitution has never been seen as desirable nor needed in any capacity. The other main resulting factor of the United Kingdom’s Decision to never compact the constitution is the fact that an uncodified constitution is ultimately easier to change and develop, whereas a codified constitution would need super majority of over two thirds of parliament to alter the laws or amendments, resulting in a less flexible government in a quickly changing time of society. More recently, there has been many campaigns in support of a codified constitution by the lib Dems and a pressure group called unlock democracy with the prime focus of creating a more democratic and modern way of managing the country and reincorporating checks and balances into the …show more content…
The need for a constitution has never arisen during the United Kingdom history unlike the USAs Constitution which was desperately needed when the British colonies of North America finally became the United States of America, seen as no major event has forced us into a position of massive constitutional change, codifying the constitution can be rightfully deemed an unnecessary task. Although support for a codified constitution is limited in the United Kingdom, we move closer to this system as recently the European convention human rights forces us into a position where we cannot opt out of its regulations due to it not affecting our own constitution, unlike other member states of the EU where regulations deemed as unconstitutional can be omitted from the agreement, creating a situation where we are governing less of our own laws and losing our authority to an outside government known as the European parliament. Other recent approaches to a codified constitution include the agreement made by the coalition parliament in 2010; which overall tried to increase the democratic way in which the country is governed, by not only proposing a five year fix term but
There could be arguments supporting it and arguments going against it. As a result, the citizens of the UK saw a codified constitution as a necessity at that moment. However, there are many advantages of an uncodified constitution. The biggest advantage is the idea of flexibility. As societies are changing, and societal norms take new forms, it is very important for the constitution of countries to adapt to that quickly, as a country’s constitution should be in the best interest for its citizens.
Many would state that the constitution is not a living document and therefore, it does not change to meet the needs of the nation. One purpose behind this contention would be the constitution comprising no Bill of Rights. A Bill of rights is the arrangement of the most essential rights to the natives of a nation. Australia is the main Western popularity based nation with not a protected or elected administrative bill of rights to ensure its natives (Mchugh 2007). According to Lowitja O'donoghue, previous ATSIC Chair It says very little about what it is to be Australian. It says practically nothing about how we find ourselves here - save being an amalgamation of former colonies. It says nothing of how we should behave towards each other as human beings and as Australians. This in itself obviously depicts the incapacity of the constitution as a political rule of the country. A sample would be the situation law of Gradidge v Grace Bros Pty Limited (1988). There, a hard of hearing quiet in the Compensation Court of New South Wales obliged manual/visual dialect translation. The translator kept on translaing trades between the judge and the advodates throughout lawful submissions. She persevered in doing so notwithstanding the direction of the judge that the trades did not have to be deciphered. Her emphasis after deciphering everything that happened in the general population ...
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 strict constitutionalist within me would not be in agreement with abandoning our constitution under any circumstances. If we were to abandon this document, we return to the same situation that we were in during 1776. There would be nothing that would bind the states together. Not having a constitution almost caused us to lose the revolutionary war. During the decade that we were without the constitution, many events occurred such as Shay's Rebellion in Massachusetts, British contempt for treaties, Indian depredations, and Spanish movements on the western and southern borders. All of these combined to demonstrate how vulnerable the United States really were. Our first President, George Washington was quoted as saying " I confess to you candidly, I can foresee no evil greater than disunion".
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.
Firstly, the constitution would create a government with an immense amount of power and we would be putting ourselves into the same position Britain just had us in. A large central, binding government, that we are ordered to follow. So why would we make the same mistake of being controlled by a large central government again? Amos Singletary, a delegate to the Massachusetts Constitution
The plan to divide the government into three branches was proposed by James Madison, at the Constitutional Convention of 1787. He modeled the division from who he referred to as ‘the Perfect Governor,’ as he read Isaiah 33:22; “For the Lord is our judge, the Lord is our lawgiver, the Lord is our king; He will save us.” http://www.eadshome.com/QuotesoftheFounders.htm
Upon the opening words of the Constitution, "We the People do ordain and establish this Constitution for the United States of America," one must ask, who are these people? While the American Constitution provided its citizens with individual rights, many members were excluded. Elite framers manipulated the idea of a constitution in order to protect their economic interests and the interests of their fellow white land and slave owning men' by restricting the voices of women, slaves, indentured servants and others. Therefore, the Constitution cannot truly be considered a "democratic document." However, because it is a live document, malleable and controllably changeable according to the interest of congress, it has enabled us to make reforms overtime. Such reforms that have greatly impacted America, making us the free, independent nation that we are today.
The U.S. Constitution has a unique history. Facing drafts and ratifications it was finally created under the founding fathers in 1787. The constitution is the foundation for the government we have today and influences almost every decision that government officials make. However, before the constitution was influencing, it was influenced. The political, economic, and diplomatic crises of the 1780s not only helped shape America, but also the provisions found the constitution.
The second reason why the United States Constitution is considered to be a contract is to follow the structure and order of the government system that states. The United States Constitution was designed to have a structure and to lay down a foundation for this nation. Calhoun states, “Without this, it is as impossible to lay any solid foundation for the science of government” (3). So the constitution was written to design to structure and lay down the foundation of a government. The Constitution starts off by describing how the
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.
In creating the Constitution, the states had several different reactions, including a rather defensive reaction, but also an understanding reaction. As a document that provided the laws of the land and the rights of its people. It directs its attention to the many problems in this country; it offered quite a challenge because the document lent itself to several views and interpretations, depending upon the individual reading it. It is clear that the founders’ perspectives as white, wealthy or elite class, American citizens would play a role in the creation and implementation of The Constitution.
“The Constitution devotes the national domain to union, to justice, to defense, to welfare and to liberty” (Maier 154). This quote, stated by William Henry Seward, displays the strength and stability that the Constitution had over the nation, and the liberty and justice it supplied for all of its citizens. Although the Constitution and the Articles of Confederation have similarities, they have many differences, which proved that the Articles of Confederation were a weaker document in comparison. It can be said that the Articles were the “rough draft” to the final living document, which significantly influenced and “ruled” our government, as it still does today.
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...
While an uncodified constitution has the advantages of dynamic, adaptability and flexibility to meet the ever-changing needs of the society , it poses much difficulty in pinpointing the ultimate constitutional principle that should provide legitimacy in the British constitution. This results in a battle between two broad schools of thought––political constitutionalism and legal constitutionalism.