This article would talk more about unwritten constitution and discuss about whether it can be still open and fair or not. Definition of Unwritten Constitution Unwritten constitution is a behavioral rule which is nationally accredited and given legal force by the state. The word unwritten refers to without the legislative process (or procedure) rather than no written record (Weyrauch, 1999). That is, unwritten constitution has normative, either. Characteristics Unwritten constitution refers to that both constitutional system and the protection of citizen’s rights are not explicitly stipulated in a unified code of written law but scattered among different sources of law, including constitutional law, written law, government documents, constitutional convention, understandings, habits and practices, etc (Qiang, 2009; Palmer, 2006).
It has over the period of time changed from a mere spectator to a proactive player. This is what one calls as judicial separation in general terms. The Indian judiciary has taken upon itself the task of ensuring maximum freedom to the masses and in the process, to galvanize the executive and the legislature to work for public good. Judicial activism is basically a deviation from Separation of power principle. Judicial activism is based on the theory of Jurisprudence called Sociological Jurisprudence, which arms the judiciary with wide legislative and executive powers.The traditional understanding of the judicial process is that while the legislature makes laws and the executive implements them, the judiciary’s function is only to interpret and apply
The U.S. government upon its induction of democracy, which gives the people the power to govern themselves in a sense. With that, we established the U.S. Constitution and its Amendments. Thus ensuring rights be clear and power be limited. Also, with the utilization of our democracy, no branch has ultimate power, which allows us to have checks and balances of the other
Conventions are non-legal rules that impose obligations upon those that operate the constitution. In essence they are guidelines that dictate constitutional behaviour and prescribe ways in which things ought to be done. Conventions can be found in constitutions both written and unwritten but it is within the framework of the unwritten constitution, such as that found in the United Kingdom, that constitutional conventions become extremely important. While conventions are non-legal rules that are not enforceable by a court of law, they nevertheless play an intricate role in the proper and cohesive functioning of any constitution. The constitution of a country is a living, breathing organism, one that evolves with each generation and the assumption of power by new governments.
Some pursue to mention flexibility as a benefit which might be vulnerable by codification while the others highlight the vagueness of the UK constitution as a difficulty. The UK constitution has changed over time, through two main components of historical development. That is the varying relationship between the executive, the Parliament and the monarchy and the milestone improvements that have protracted rights and liberties and restricted constitutional
The present unwritten standards are controlled by the elected members and were fitting to the respectful and class-ridden society of the past however not to today 's equivalent society. Another argument is the sovereignty, which the primary role has to belong to the people for deciding for their constitution and not to the Parliament which is incomparable. Education: The existence of a single document is the proof that there is a written constitution. Therefore, in schools, there must be the use of our constitutional rules in an essential level, which may be particularly important in an increasingly multicultural society Generally speaking a codified constitution would make rules cleared for all to understand in all the political system by protecting their
There are four main elements that explained postmodernism’s quasi-phenomenology of the state. First one is a genealogical analysis of the modern state’s ‘origins’ in violence. Modern political thought has attempted to transcend illegitimate forms of rule where power is unconstrained, unchecked, arbitrary and violent, by founding legitimate, democratic forms of government where authority is subject to law. The second one is an account of boundary inscription. To inquire into the state’s constitution, as postmodernism does, is partly to inquire into the ways in which global political space is partitioned.
In addition, Since the Constitution is so short, so old along these lines hard to change, for it to be serious to contemporary society it obliges understanding by the courts and at last it is the Supreme Court which figures out what the Constitution implies. There are altogether different methodologies to the understanding of the Constitution with the two primary strands of thought being known as originalism and the Living Constitution. Originalism is a guideline of translation that tries to find the first importance or expectation of the constitution. It is focused around the standard that the legal shouldn't make, alter or annulment laws yet just to maintain them. This approach has a tendency to be underpinned by progressives.
. .” These branches would stop one branch from doing or having a certain power. The framers of the constitution were influenced because they made a legislative branch to create and pass laws, executive to go over them and enforce them, and a Judicial to judge and interpret them. They put them in Articles I, II, and III. Each branch has a crucial part in the government.
PH Federalism Debate: Where Are We Now? The Constitution, regarded as the fundamental law of the land, is the foundation of our institutions. Constitutions seek to build, enable and regulate institutions that cater the needs and rights of people (“What is a Constitution?”) They also have a key role in empowering states, providing government stability, protecting freedoms and legitimizing regimes (Heywood 338). Any attempt at an amendment or revision of our constitution entails a complex process of discourse and decision-making. Amendments mean changing specific provisions in our Constitution without affecting its entirety.