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Compare and contrast the strengths and weaknesses of the Written and Unwritten constitution

A constitution is a unique type of written legislation that defines the division of powers within a
government, as well as the authority and limitations of each branch of government and how they
must function. A constitution can be classified as either written or unwritten, a written constitution is
a formal document that outlines the political system's principles, the rights of citizens, and the nature
of the constitutional settlement in a codified manner, while an unwritten constitution is one in which
there isn't a single piece of legislation establishing the fundamental rules that control a State and its
population. Hence both the advantages and drawbacks of each will be reviewed in this essay.
Advantages of a written constitution

Accessibility- Since the entire content of the constitution is codified in a single document. This would
make it more accessible to all individuals and allow everyone to understand their rights and freedoms
as outlined in the formal text.
Clear and precise- The contents of the legislation is easy to read and comprehend which is important
to both citizens and for judicial interpretation who can refer back to it whenever the need arises..
Places restrictions on rulers- The written constitution is supreme and not subjected to change
unless it is voted on by the majority of the populist, (this is roughly around 66%of the votes), with this
rigidity it ensures that there isn't any abuse of power by parliament.
Protection of fundamental rights- Due to the constitution's rigidity, the fundamental rights of each
citizen are contained in it, ensuring that everyone's rights are preserved since the constitution is
difficult to alter.

Disadvantages of a written constitution

Not easily changed -The rigidity of the constitution makes it difficult to alter, which can be
problematic if the law is really old and out-of-date and is actually in need of changing.
High cost- The formal documentation must be assembled through extensive litigation, which is not
only time-consuming but also incredibly expensive.

Advantages of an unwritten constitution


Flexible- The constitution can be easily changed to meet the needs and demands of the people or the
organs of governments since it is not codified.
Compare and contrast the strengths and weaknesses of the Written and Unwritten constitution

Growth and development- Important legislation can be quickly introduced, assisting in the
preservation of the country's continuity as it adapts to the requirements of its people in a changing
society.
Easy to make laws-Due to the nature of the unwritten constitution it makes it very easy for
parliament to create new laws .

Disadvantages of an unwritten constitution

Infringing on rights- As a result of the flexibility of the unwritten constitution , it allows for the risk of
violations concerning fundamental rights.
No limitations- Since parliament has all the power there are no restrictions on what they can do or
change concerning laws, this leaves it subjected to the leaders manipulation.
Not easily accessible- Since the constitution is not codified in one document it would not be easily
accessible to everyone , and it would be left to presume that people are conscious of their rights.
Overburden judiciary-It overburdens the judiciary when sourcing the law from multiple sources thus
slowing down the judicial process.

To summarize everything that was aforementioned the constitution can be divided into 2
categories, which is the written and unwritten constitution, both of which had some pros and cons
which for the written , its pros would be its accessibility and its restrictions on its rulers ,and its cons
being its high cost and rigidity just to name a few.Then for the unwritten its pros would be its
flexibility and how easy it is to make laws ,while its cons would be the fact that there are no
limitations on its parliament and its possible risks of rights being infringed on. Hence each type of
constitution is not perfect as each of it has its flaws in one way or another.

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