Chapter: 11th 12th std standard Political Science History goverment rule laws life Higher secondary school College Notes

Written Constitutions : with Merits and Demerits

A written constitution is normally supposed to mean a document or a collection of documents in which the basic rules regarding the main organs and institutions of government are clearly laid down.

WRITTEN CONSTITUTION:

A written constitution is normally supposed to mean a document or a collection of documents in which the basic rules regarding the main organs and institutions of government are clearly laid down.

A written constitution is a deliberate creation. It is a consciously planned system. It may be created by a constituent assembly or a convention. The constitution of India was formulated and adopted by the constituent assembly.

The preamble of India constitution begins with the words, 'We the peoples of India having solemnly resolved to constitute India into a sovereign democratic Republic-and ends with the words, 'in our constituent assembly this twenty-sixty day of November 1949, do hereby adopt, enact and give to ourselves this constitution.'

The constitution of USA was drafted by a special convention of delegates, presides over by George Washington. This constitutions emerged out of the Philadelphia convention on September 17,1787, and was referred to the States for their ratification.

A written constitution may be single document having one date. Such is the case of India, Myanmar and United states. It may be in a series of documents bearing different dates. This is the case with France, Australia etc.

The French constitution under the Third Republic was fragmentary and did not consist of one single document. It was composed of three constitutional laws passed on February 24, February 26 and July 26, 1874.

Whenever there is a written constitution in a country, a distinction is made between constitutional law and ordinary laws. The constitutional law is supposed to be the will of the sovereign and it should not be altered by the ordinary legislative process.

The statutory law has to limits itself within the framework of constitutional law. If they conflict with constitutional law they are termed as ultra vires.

Merits of a Written Constitutions:

1. The most important merit of a written constitution is that it is very definite. There is not uncertainty. The constitution provides all fundamental principles in written and people can refer to it as and when they want.

As the powers and organization of the various organs are well defined there is very little scope for confusion and disputes. If a dispute arises it can be referred to the judiciary.

2. As written constitution is drawn with great care and after long deliberation. It means it is the result of experience and knowledge. There is no place for he temporary emotions and hasty decision.

3.A written constitution protects the rights of the individuals. Rights are incorporated in it making them superior to the ordinary law and saving them from being change by different government from as they wished.

4. It checks the constitution from being twisted and turned according to popular whims and emotions this giving a guarantee of stability.

5. A written constitution is stable and guides through difficult situations. It is more suitable for emergency period.

6. For a federal government written constitution is more suitable because there is provision for the central and state power separately.

Demerits of a written constitution:

1.Generally, written constitutions are difficult to amend, thus introducing rigidity and conservatism.

2.In a written constitution judiciary is quite conservative an interpretations are merely to see whether a law conforms to the constitution or not. This might strangle a nation, which needs to change according to the times.

3.It tries to encompass all rules and ideals o a nation, which may not be suitable for all the ages. Thus the future growth may be neglected.

4.It sometimes becomes too exhaustive leading to legal jugglery.

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11th 12th std standard Political Science History goverment rule laws life Higher secondary school College Notes : Written Constitutions : with Merits and Demerits |