Researcher: Salazar

Written Law
The Difference between the Written and Unwritten Law

Written law-Written laws are laws which have been enacted in the constitution or in legislation.
While the Unwritten Law are laws which are not contained in any statutes and can be found in
case decisions.

Advantages of The Written law

The most indispensable advantages of written law is that it is very clearand precise. The written
law is clearly stated and it is free from doubts and ambiguity. Therefore,it will less likely to have
an argument about the law. As the written law is very clear and precise,the ruler or the
government cannot exercise powers arbitrarily. It places a check on the powers ofthe ruler so
as not abuse his powers or exceed the limits which have been prescribed by theconstitution. In
written law, it protects the interest of minorities. It also protects the fundamentalrights of the
individual which are essential for the individual freedom. It is unconstitutional todeprive
individuals of any of these rights. It is easier to educate people as to which laws mattermore
with a written constitution.

Key words of the advantages of the Written Law:

 Provides clear statement of how state should operate with no uncertainty over words.
 Protects the individual from abuses by the government of the day.
 Provides clear protection of individual rights.

Disadvantages of Written law

A written law cannot easily cope with the changes over the time. Things can change in a country
over time. In order tocope with such changes, the constitution needs to be revised
or amended. The written constitution is too rigid to make necessary changes or
amendments easily. Since they cannoteasily change, they cannot alter according to the
situations that occur. When written law fails to keep pace with the times and the ensuing
changes in the national situation, the people may reactangrily against the government. It may
cause a lot of confrontation and protest. As it becamemore concerned with written law, public
opinion became less important.

Key words of the disadvantages of the Written Law:

 May lead to litigation over the precise meaning of the terms used, particularly if the
language is outdated.
 May be difficult to amend if the provisions become outdated
 May be inflexible and unresponsive to change.

"UNWRITTEN LAW"
Advantages and Disadvantages

Advantages of Unwritten Law!!!

One of the advantages of unwritten law is that it is relatively easy to amend. It allows itself to
be shaped by the needs of the people, adopting as required by circumstances. Unlike written
law, there is nospecial procedure for the amendment of the constitution. Unwritten law is
therefore more flexibleand easily adaptable.

Unwritten law may be legally flexible, political factors may impede radicalconstitutional
reform. In an unwritten constitution it is difficult to determine whether or not something is
or is not unconstitutional. There are no limitations on the legislative body. Countries
with unwritten law, prime ministers are able to force changes in law through
parliament as part of an individual drive to alter the laws of the land. It makes enforcement and
control easier.

Key Words of the Advantages for Unwritten Law:

 Flexible and responsive to changing circumstances.

 Leaves the state free to develop the law for the benefit of the citizens.
 Encourages the evolution of the constitution.

Disadvantages of Unwritten Law

Unwritten law are disadvantageous because they are unable to provide a check on political
movements that fragment national unity. The citizens cannot protect themselves against a ruler
that can decide the law on a case by case basis. Apart from that, people have no protection
when that protection is unenforceable and poorly understood, and interpreted solely by those
who benefit from it. Unwritten laws tend to be disputed a lot and often lead to
forceful discussions. We may cannot even tell if there is an unwritten law or if somebody is just
forcing their way.

Key Words of the Disadvantages for Unwritten Law:

 Can appear vague and uncertain - no single agreed source.

 Leaves the state free to abuse it's powers and develop laws which act against its
citizens.
 Provides no protection for individual civil liberties.