Advantages Of Written Constitution

1739 Words7 Pages

What is a constitution? A constitution is termed as a set of rules relating to how a country will be governed. The rules consist of the roles, functions and powers of the country and shows how coordinate the relationship between the state and the people. The constitution also includes the rights and the freedoms of the people. According to Jeremy Bentham, the word ‘constitution’ was used to refer to as ‘the aggregate of those laws in a state which were styled collectively the public law’. This implies that every state in the world has a constitution in the original sense of the word, by which is meant the body consisting of the rules and the arrangements concerning the government of the country. A constitution is further explained by Chief …show more content…

That is to say that although there are benefits derived a written constitution, there are also problems and difficulties affecting the country. The advantages are the written constitution possesses the attribute of certainty, clarity, and accessibility. Therefore having the written constitution in a country which s codified in a document, powers, duties and roles of the public, the political officers, the citizens and the foreigners are clearly identified. This written constitution can be easily accessible by all in the country. The laws of the country using a written constitution are determinable. The written constitution helps to prevent the fusion of powers by upholding clarity in the principle of separation of powers. Possibilities of conflicting rules are greatly minimized. The determinable nature of the written constitution helps the possibility for easily predictions the outcome of certain actions (e.g. criminal or civil thoughts). The written constitution with the attributes of determinable and certainty makes it easy for the public to weigh and check the actions of the public/political officers. There is less ambiguity in a written constitution state. The outcomes of acts especially the criminal and civil thoughts can be predictable. There is no conflicting rules in a written constitution because all the laws are properly researched before written down in a codified …show more content…

The merits are that changes are easily adopted because of its flexible nature. The absence of amendment formalities and procedures in the unwritten constitution makes it easier for the provision to be changed. It is because the unwritten constitution has many sources; these sources provide a wide range of rules that can be replaced and substituted for another. The absence of these procedures in the amendment of the constitution helps to achieve effectiveness of law as timely changes are made, to adapt to the societal