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A constitution, as Thomas Paine articulated, serves as the bedrock of governance, embodying fundamental principles or established precedents that dictate the functioning of a state or organization. Paine's perspective underscores the constitution as a prelude to government, asserting that the people themselves are the architects of the government, and the constitution is not a mere creation of the government it establishes.
Constitutions manifest in two principal forms: written and unwritten. A written constitution is a formal document that meticulously codifies the nature of the constitutional framework, delineates the rules governing the political system, and intricately defines the rights of both citizens and the government.
Conversely, an unwritten constitution draws from customs, usage, precedent, and a diverse array of statutes and legal instruments to encapsulate the foundational rules of government.
Examining specific instances, one finds the American Constitution and the Malaysia Federal Constitution as exemplars of written constitutions, meticulously laid out in formal documents. Conversely, the United Kingdom Constitution, the New Zealand Constitution, and the Israel Constitution exemplify unwritten constitutions, relying on a blend of historical practices, legal principles, and diverse legal sources for their foundations.
Key distinctions between written and unwritten constitutions arise from their sources and originality.
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A written constitution is typically a formally documented entity, often found within a single written source. A classic illustration is the American Constitution, inaugurated in 1787, encapsulating citizens' rights and government powers meticulously on parchment. Similarly, the Malaysian Federal Constitution resides within a single statute, named the Federal Constitution or 'Perlembagaan Malaysia,' drafted by the Reid Commission before the country achieved independence.
In sharp contrast, an unwritten constitution draws from a multitude of sources, showcasing its organic evolution over time.
The United Kingdom Constitution, for instance, is rooted in royal prerogative, conventions, common law, statute law, works of authority, and the European Constitution. This amalgamation of sources underscores the dynamic and evolving nature of an unwritten constitution, adapting to historical practices and legal principles.
The concept of flexibility introduced by Lord Bryce in the nineteenth century is a crucial factor distinguishing between written and unwritten constitutions. A written constitution is characteristically more rigid, with a fixed nature that demands special procedures for enacting, repealing, or amending laws. The Malaysian Federal Constitution provides a prime example, requiring a two-thirds majority vote in Parliament for any amendments (Article 4).
While the rigidity of a written constitution ensures clarity and diminishes ambiguity, it concurrently prolongs the process of amending laws. On the contrary, an unwritten constitution, or uncodified constitution, is inherently more flexible. Its adaptability allows for swift and judicious legislative changes commensurate with the exigencies of the moment. Every facet of an unwritten constitution can be amended through a straightforward legislative process, exemplifying its responsive nature.
The interplay between written and unwritten elements in constitutions contributes to a nuanced understanding of their dynamics. The type of constitution—whether written or unwritten—profoundly influences its sources, originality, and flexibility. While written constitutions offer a clear and codified framework, they tread the path of rigidity, demanding intricate procedures for any alterations. Unwritten constitutions, conversely, exhibit a more organic evolution, drawing from diverse sources and adapting swiftly to changing circumstances.
As societies evolve and confront new challenges, the adaptability and resilience of constitutions become paramount. The intricate dance between written and unwritten elements shapes legal and political landscapes, leaving a lasting imprint on the governance structures for generations to come.
In conclusion, the dynamics of constitutions involve a complex interplay of written and unwritten components. Each type of constitution has its distinct advantages and drawbacks, contributing to the broader discourse on constitutional governance. The adaptability and resilience of constitutions stand as crucial attributes in navigating the ever-changing currents of societal needs and aspirations.
The Dynamics of Constitutions: Written vs. Unwritten. (2016, Oct 02). Retrieved from https://studymoose.com/difference-between-written-constitution-and-unwritten-constitution-essay
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