Written Constitution Vs Unwritten Constitution

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Basically, written constitution is a more define and systematic one that can be found in more than one legal documents. A written constitution is rigid and cannot be amended easily. Countries such as the United States Malaysia, India have written constitution. On the other hand, unwritten constitution is less rigid and as it is not enacted in the form of laws instead is a result of historical growth. The constitution in England is an example of an unwritten constitution. Unlike the United Kingdom, Malaysia is a federation with a written and codified constitution. The relevant provision of the Constitution that sets out the fundamental liberties is Article 5 that provides that no person shall be deprived of his life or personal liberty save…show more content…
Although our country has a codified constitution, but it seems that the provisions that give rights are implemented in a way that Parliament can easily alter the content of the provision. Besides that, the constitution provides that “every citizen has the right to freedom of speech and expression” but it has indirectly allowed the parliament to impose restrictions on the provisions. The constitution further provides that, “Parliament may by law impose…on the rights…such restrictions as it deems necessary or expedient in the interest of the security of the federation or part thereof, friendly relations with other countries, public order or morality and restrictions designed to protect the privileges of Parliament or of any Legislative Assembly or to provide against contempt of court, defamation, or incitement to any…show more content…
If Parliament has passed a law violating the rights, it is automatically declared as void. However, freedoms are restricted in the public interest on grounds of national security, to preserve public order, to protect public health, to maintain moral standards, to secure due recognition and respect for the rights and freedoms of others or to meet the just requirements of the general welfare of a democratic society. The United States Supreme Court has qualified the rights in the constitution over the years. Any statement of rights is not absolute and must of necessity be subject to limitations. The right of free speech does not extend to sedition, slander, defamations or false statement, obscenity, and child pornography. Any expressive act within them can be legally restricted or criminalized by the court as these categories fall outside of the First Amendment

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