Posted On : 22.02.2016 02:13 am
Chapter: 11th 12th std standard Political Science History goverment rule laws life Higher secondary school College Notes
Unwritten constitution : with Merits and Demerits
An unwritten constitution reflects the evolutionary nature of free documentation of the rules and regulations.
After Aristotle several other political thinkers have tried to classify the constitution. Among them the most scientific and acceptable to modern states is that of Leacock.
Modern constitutions are classified in the following manner.
1.Evolved and enacted constitutions.
2.Written and unwritten constitutions.
3.Rigid and flexible constitutions.
An unwritten constitution reflects the evolutionary nature of free documentation of the rules and regulations. First they are practiced and by a continuous practice, they become part of the construction. They constitution of Britain is he best example of 48 an written constitution. An written constitution is the result of long process and natural growth of political constitutions of the country. There is no single document or documents, which contain it though many sources may be found which describe it.
There may be some written documents but their proportion is much than the unwritten elements.
Merits of an Unwritten Constitution:
1. They are quite easily adaptable to changing circumstances. Law can be added as and when required. There is no limitation of any pre-documented constitutional law. Thus they are progressive.
2. They are flexible and people can bring about changes without undertaking revolutions. As these constitutions evolve themselves with the changing time, public opinion finds suitable place in constitution and it terminates possibility of revolution.
3. Unwritten constitution can undergo changes, with out basic framework being sidelined. This is useful especially in case of unforeseen situation.
4. Historically they seem to stand the test of times and keep up the traditions of a nation state as it is said about the British constitution that it has unbroken history. It's a continuous process of development.
Demerits of an unwritten constitution:
1. The serious defect of an unwritten constitution is that it is vague and indefinite. Common man may not understand the constitutional system of the country. He cannot refer to any document in which he can find all that he requires to understand the structure of the government of his country. An unwritten constitution requires a very high degree of political consciousness among the people to understand it's spirit, and ordinarily that is not easy to find.
2. Some times unwritten constitutions are quite unstable. 3. The judiciary may play more role than is warranted. It becomes the playthings of judicial tribunals. The judiciary can interpret the unwritten laws as it suited to its desire and will.
4. It also contended that an unwritten constitution is not suited to democracies. The massed need a well- defined document under which they have to live. They may be suited for aristocratic societies but not for democracies.
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11th 12th std standard Political Science History goverment rule laws life Higher secondary school College Notes : Unwritten constitution : with Merits and Demerits |