2007-03-24 12:41:49 · 7 answers · asked by zero 2 in Politics & Government ➔ Government
Theoretically, one would presume that a written constitution is better, because it delineates limits to power. However, unwritten constitutions are still a body of laws and legal traditions, and can't merely be changed "on a whim," which is why PM Blair ran into trouble when he tried to expand UK police authority to detain suspects without charge.
Moreover, issues change over time, and a fixed constitution is less adaptable to address challenges raised by those changes. For example, police can now use infrared sensors to see if you are growing marijuana in your garage (Kyllo v. United States [court case]). Since the Constitution has nothing to say about searches done from outside the home (conducted by a device that merely "senses" instead of "searches"), there is no clear indicator as to how civil liberties concerns are implicated, and so no solution is obvious. Therefore, the entire issue must be wrangled in the court system, wherein judges must determine if a 21st-century situation violates the principles of an 18th-century document.
An unwritten constitution (such as in the UK) has similar broad principles to the US Constitution, but its guidelines are less rigid in general. However, it is conversely more specific because it is the body of laws of the country, and therefore the legislature can answer the specific questions raised by modern circumstances without running afoul of constitutional precedents. So, the UK Parliament can vote on a law delineating police powers in regard to infrared searches, and resolve the constitutional matter.
Thus, unwritten constitutions are more flexible, but less well-defined. You will have to decide for your own essay which is best.
2007-03-24 15:35:06 · answer #1 · answered by Fred 5 · 0⤊ 0⤋
Written. Society is for behind the ideology.
2007-03-24 12:58:52 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Written because al least there are laws. If it is too vague the government can do what it wants and it will be right.
2007-03-24 12:49:43 · answer #3 · answered by Anonymous · 0⤊ 0⤋
What are Civil Liberties.
I live in the UK & we have none, we are the most spied upon nation on this earth.
2007-03-24 12:51:51 · answer #4 · answered by ANDREW H 4 · 1⤊ 0⤋
Written. It can't be changed on a whim!
2007-03-24 12:51:15 · answer #5 · answered by cantcu 7 · 0⤊ 0⤋
there is no such thing as an unwritten constitution.
2007-03-24 12:47:57 · answer #6 · answered by nostradamus02012 7 · 0⤊ 2⤋
**** knows
2007-03-25 07:07:41 · answer #7 · answered by Anonymous · 0⤊ 0⤋