Perhaps the founders were looking into the future of their young, beloved country believed that slavery was not going to be around for the long term. It is suggested that it would be advantageous to gather the conventions on a specific subject together, preventing them from losing their flexibility while accommodating some of the advantages of codification such as clarity and organization Ewing, 2004. One argument is that codified constitutions are considered rigid. He is scared of not having the power of the people being listened to and the effects that has had in the past. Immediately after the cessation of hostilities, Britain, once again, went to the polls, returning in majority the Labour Party and dislodging Churchill from power.
The constitution forms a society. The United Kingdom is one of the very few countries without written constitution. Section 8 states that Congress shall have Power to lay and collect Taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States. This is and should be less fertile ground for a plea for flexibility. This second approach need not ignore original intent, but it does not give it the same weight as the more conservative judges. Now absolute monarchy remains in theory in England and in practice the powers of the monarch have become limited.
In October 2009, the government published the review of the prerogative powers. Those who want a written constitution believe that it should be codified so that the public as a whole has access to it — as opposed to just constitutional experts who know where to look and how to interpret it. The founding fathers had many contrasting point of views, regarding the formation of the Constitution. Alternatively, but never used, is the constitutional convention route, whereby a convention is called by two thirds of state legislatures. As it is reasonable and permissible to refer to Hansard in such circumstances, this establishes that the referendum was merely advisory — see below. This meant that a populous state would not be represented fairly with respect to its population. Facing drafts and ratifications it was finally created under the founding fathers in 1787.
Furthermore, in the Constitution the fear of democracy and authority was present, shown through the checks and balances system. This means that we have parliamentary sovereignty. The Founding Fathers built in flexibility. The British Constitution, for instance, has been able to undergo imperceptible alterations, apart from deliberate amendments in recent years. The myriad additional problems arising from employing a broader range of sources extraneous to the statutory language to discern Parliamentary intention — let alone popular intention in a referendum — are self-evident. Conventions are merely traditional rules that have been observed and have no legal weight whatsoever. The preamble and the supreme court have been designed as per the U.
The public polling promotes democracy by allowing citizens to give their views concerning issues in government. Article shared by : The following are the merits of a flexible constitution: Merits of Flexible Constitution 1 It prevents internal revolts and revolutions: In a flexible constitution the nation is protected against internal revolts and revolutions. . It is codified because our rules and laws are in diffuse and varied sources as oppose to one single authoritative document. Demerits of Flexible Constitution : The following are the demerits of a flexible constitution: 1 Instability: A flexible constitution is said to be in a state of perpetual flex and it is less stable than a rigid constitution because it can be easily amended. It has evolved gradually through long process of consultations and deliberations.
These enumerated powers have stayed the same ever since the Constitution was drawn up. However, this made it difficult to raise revenue. A good Constitution inculcates good values of fellow feeling, tolerance, reciprocity, generosity, truthfulness and straight forwardness in the minds of people. It is arguable to say that some of the legislation to replace the prerogatives may give arise to new risks. In response to a lack of national power and unity the form of U. Is the Constitution, the document that built our government from the ground up, dead. In the summer of 1787, fifty-five delegates representing twelve of the thirteen states met in Philadelphia to fix the national government.
Additionally, it is suggested that by codifying the constitution and having an entrenched document as the highest source of law instead of Parliament, the constitution would be more stable as it will be more difficult to amend Beatson, 2010. In each amendment part there is a one of a kind segment alluded to as America at That Time, which gives a glance at what was going on in America at the time the amendments were proposed, talked about and voted on. Having said that though realistically no government is going to make constitutional changes without the backing of the political nation in the knowledge that they have to face re-election within five years. As supported by Bogdanor, Khaitan and Vogenauer 2007 the lack of a codified constitution means that Britain did not need to formulate a statements or laws Doing so would quickly render it redundant as a result of political change. The document would give constitutional guarantees as the executive would have to honour them. The framers when writing the Bill of Rights amendments particularly focused on how the government will police the people.
Congress had only one representative for each state. Special flexibility to allow the court to reach the conclusion that a later Act has amended the effect of earlier legislation without a clear textual foundation is moreover an invitation to identify Parliamentary intention other than through the established means for doing so. Each colony developed their own constitution in different ways based on the economic, political, freedom, and social demands of the people as well as the states ' experiences. Britain's constitution is not written. It can successfully adapt to changes which take place with the passage of time.