Disadvantages of Uncodified Constitution
Constitutions are supposed to legally codify the responsibilities of a government to its people. They also highlight the rights of the people that must be respected by the government. A constitution is supposed to be a legally written document though there are instances when this is not the case. If this is the case, then it is known as an uncodified constitution. Though there are advantages to an uncodified constitution, there are also disadvantages such as no limitations on legislative bodies, unclear guidelines on devolution and division of government power.
Some of these disadvantages include the following:
The argument on the advantages of uncodified constitution is flexibility. Uncodified constitutions evolve with the society as the society changes over time. This flexibility is detrimental though since it creates room for devolution as is the case in the UK. Where there once existed a national assembly that was represented by all United Kingdom member states, a series of Acts towards the end of the twentieth century led to creation of state assemblies for Wales, Ireland and Scotland. Therefore, this kind of constitution is unable to check political movements that could destroy national unity.
Unclear power division
Codified constitutions are known to define and establish powers of every government branch. This means law enforcing, law making and government body powers afford individual government branches limited power such that none of the branches dominate the rest. Uncodified constitution on the other hand does not have any limitations hence government branches enjoy uncontrolled growth and power. There is also a recent trend growth of law enforcing or judicial government branches that leads to policy making. It is because of this fact that codified constitutions are largely advocated.
Legislation that is unlimited
The legislative government branch has the power to define and make laws which govern intricate workings in a society. Countries that have codified constitutions limit the power enjoyed by this branch ensuring the laws made aren’t harmful to the society. Uncodified constitution does not make such provisions that inhibit creation of laws that might increase inequality in a country, offer the wealthy protection or even limit the rights of the disadvantaged. Because an uncodified constitution is unlimited, this also means it might levy tax amounts that are inappropriate or even send its soldiers to war devoid of support from the people.
Creation of controversy
The greatest disadvantage though associated with uncodified constitution is controversy creation. Because there are no clear cut laws written down, misunderstandings might arise about the customs and use of the constitution provisions.
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