Eleanor Finch
A written constitution is a set of rules and laws governed by government institutions to protect the liberty of people and their rights. While it has its advantages, there are several disadvantages to a written constitution. Firstly, it is rigid and difficult to amend, which can hinder a country's ability to adapt to changing needs and emergency situations. Secondly, it lacks flexibility, which can delay government activities and make it challenging to respond to evolving circumstances. Additionally, a written constitution may encourage frequent litigation.
| Characteristics | Values |
|---|---|
| Rigid | May cause political instability |
| Hard to amend | May not adapt to evolving societal needs |
| Expensive | May cause delay in government action |
| Complex | May alienate the masses |
| Time-consuming | May cause friction among government officials |
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What You'll Learn
Lack of flexibility
A written constitution is often criticised for its lack of flexibility. This is due to the rigid nature of a written constitution, which can cause difficulties when adapting to evolving societal needs and future changes. It is not easy to change the rules in a written constitution, and it may become outdated. This lack of adaptability can lead to political instability and provide an opportunity for political adventurers, such as the armed forces, to overthrow the constitution under flimsy excuses.
The process of amending a written constitution can be time-consuming and expensive. Prior to any amendments being made, consensus-building is necessary, which may involve the organisation of public forums, consultations, and referenda. These costs can be a significant burden for the state to bear.
Additionally, a written constitution may not be able to keep pace with future technological and social changes. Rules that are based on current circumstances may become outdated and difficult to adapt in the future. For example, the interpretation of a written constitution may differ from the original intent of its writers, leading to potential conflicts.
Furthermore, a written constitution can be too broad or express values that may no longer be appropriate over time. This can lead to fragmentation within a society, as different groups interpret and promote their own views on constitutional rights and obligations. This fragmentation can create divisions and hinder the formation of a unified national identity.
In conclusion, the lack of flexibility in a written constitution can result in challenges when adapting to changing circumstances, potentially leading to political instability and social fragmentation.
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Difficulty amending
A written constitution is difficult to amend, and this can be a significant drawback. The process of amending a written constitution is often costly and time-consuming, requiring consensus-building through public forums, consultations, and referendums. This complexity can hinder the government's ability to take swift action during emergencies, where extraordinary powers may be necessary to address the situation effectively.
The difficulty in amending a written constitution can lead to political instability. As societal needs evolve, a rigid constitution may become outdated, creating a risk of it being overthrown or interpreted in a way that was not originally intended. This challenge is particularly prominent when attempting to adapt to future technological and social changes, where new laws and rules may be required.
Additionally, the entrenched clauses in a written constitution, which are challenging to modify, can provide protection for minority interests and prevent majority tyranny. However, this very feature can also hinder progress and create friction within a society. Different groups may interpret and promote their own views on constitutional rights and obligations, leading to fragmentation and a hindrance to forming a cohesive national identity.
The interpretation of the constitution over time may also differ from the original intent of its drafters, leading to ambiguity and potential disputes. This challenge is evident in the US Constitution, the oldest written national constitution still in use, which consists of twenty-seven amendments and has been the subject of debate regarding the drafters' intentions.
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Frequent litigation
One of the key disadvantages of a written constitution is its potential to cause frequent litigation. The very existence of a written constitution may encourage citizens to take legal action, as they can refer to this document to understand their rights and the functions of their government. This can lead to an increase in lawsuits and legal disputes, particularly around issues of constitutional interpretation.
The clarity and precision offered by a written constitution can be a double-edged sword in this regard. On the one hand, it provides a clear framework for resolving disputes and ensures stability in governance. On the other hand, the very clarity of the constitution can lead to increased litigation as citizens and interest groups seek to enforce their rights or challenge government actions they believe violate the constitution.
This is especially true when different groups within society interpret the constitution in different ways, promoting their own views on constitutional rights and obligations. This can lead to fragmentation within society, creating divisions and hindering national unity. It can also result in a flood of litigation as these groups seek to use the courts to settle their disputes and advance their respective agendas.
The potential for frequent litigation is further exacerbated by the rigid nature of written constitutions, which are often difficult to amend or adapt to changing circumstances. This rigidity can lead to political instability and provide an opening for political adventurers, such as the military, to overthrow the constitution under flimsy excuses. It also contributes to a backlog of legal cases as the courts struggle to keep up with the volume of litigation.
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Abolishment of parliamentary sovereignty
The concept of parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a principle in the constitutional law of some parliamentary democracies. It asserts that the legislative body holds absolute sovereignty and is above all other government institutions, including the executive and judicial branches. This concept has been challenged over time, and there are arguments for abolishing parliamentary sovereignty in favour of a written constitution. Here are 4-6 paragraphs expanding on this:
Historical Context and Evolution of Parliamentary Sovereignty
The idea of parliamentary sovereignty has a long history, particularly in the United Kingdom, where it emerged in the 17th century after the Civil War and the Glorious Revolution of 1688. It marked a shift in power dynamics, signifying the supremacy of an Act of Parliament over the Crown's prerogative. Over time, the concept has evolved and faced challenges, especially with the UK's membership in the European Union and the creation of the Scottish Parliament and Welsh Assembly, as well as the enactment of the Human Rights Act of 1998.
Limitations and Criticisms of Parliamentary Sovereignty
In modern times, the concept of unlimited parliamentary sovereignty has faced increasing criticism. It is argued that in a democracy, the people should be sovereign, not Parliament. The notion that there are no limitations on what Parliament can legislate is seen as untenable and inconsistent with democratic values. This is especially true when considering the protection of minority rights and preventing the exclusion of certain groups, as has occurred in the past.
Judicial Review and Separation of Powers
One of the key disadvantages of parliamentary sovereignty is the lack of checks and balances on legislative power. In systems with a written constitution, the separation of powers and constitutionalism limit the legislature's scope to general law-making and make it subject to external judicial review. This ensures that laws passed by the legislature can be declared invalid if they conflict with the constitution or violate fundamental rights. Parliamentary sovereignty, on the other hand, grants the legislative body the power to change or repeal any previous legislation, including constitutional provisions, without the same level of judicial oversight.
International Law and External Influences
The concept of parliamentary sovereignty can be challenged by external factors, such as international law and membership in supranational organisations like the European Union. In the case of the UK, the European Court of Justice had the authority to strike down member state legislation that conflicted with EU primary legislation, thereby limiting the UK's parliamentary sovereignty. This dynamic has evolved with the UK's exit from the EU, and the ongoing legal and political challenges associated with Brexit continue to shape the sovereignty landscape.
Country-Specific Examples and Variations
The interpretation and application of parliamentary sovereignty vary across countries. For instance, in Australia, the concept is understood within the constraints imposed by the federal Constitution and, to some extent, by the State Constitutions. Similarly, in New Zealand, while Parliament exercises sovereignty, there are laws and conventions that limit its exercise, such as the requirement for a parliamentary supermajority or a majority in a popular referendum to make certain changes. These country-specific nuances highlight the complex nature of parliamentary sovereignty and the need for tailored approaches when considering its abolishment.
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Inability to adapt to emergencies
A written constitution may hinder a government's ability to adapt to emergencies. Since it is not easy to change the rules in a written constitution, it may cause political instability. This is because, in times of emergency, the cabinet or the chief executive needs to be able to take on extraordinary powers to address the situation quickly and effectively. The process of amending a written constitution involves consensus-building, which can be time-consuming and expensive, and thus may delay government action during an emergency.
The rigidity of a written constitution may also give rise to political adventurers in the armed forces overthrowing the constitution under flimsy excuses. For example, they may exploit the fact that the constitution is outmoded or that its multiple rules disrupt the decision-making process of the government. This could lead to further instability and fragmentation within society, as different groups interpret and promote their own views on constitutional rights and obligations.
Furthermore, a written constitution may not be able to adapt to future technological or social changes. Laws and rules based on current circumstances may become outdated and difficult to change in response to future developments. This lack of adaptability could hinder a government's ability to effectively address emergencies or rapidly changing situations.
The disadvantages of a written constitution in responding to emergencies can be mitigated by ensuring that the amendment process is efficient and flexible. However, this must be balanced with the need for a thorough and considered decision-making process, especially when addressing complex or far-reaching issues. Ultimately, the effectiveness of a written constitution in times of emergency will depend on the specific provisions and mechanisms outlined within it.
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Frequently asked questions
One disadvantage of a written constitution is that it is rigid and lacks flexibility, making it difficult to amend. If something in the constitution becomes outdated, it can be challenging to change. Written constitutions may also struggle to serve the needs of emergency situations and can encourage frequent litigation, delaying government activities. Additionally, parliamentary sovereignty would be abolished, and the ability of parliament to make, unmake, or amend laws would be restricted.
A written constitution effectively ends the principle of parliamentary sovereignty. With a codified constitution, the parliament's power to make, unmake, or amend any law is restricted due to the existence of the constitution.
Written constitutions are rigid and less flexible than unwritten constitutions. This rigidity can hinder a written constitution's ability to adapt to changing needs and times.
Amending a written constitution can be a complex process. The strict interpretation and amendment process can make it difficult to keep up with evolving circumstances.
