The written constitution has government principles found in legal documents which have been enacted as laws. The clauses in the written constitution are well planned; clearly stated and standard. Unwritten constitution is the opposite of written one; the government principles are not found in legal documents and the enactment of laws does not exist. The clauses do not follow a certain pattern, plan or standard. Written constitution is more compatible with the liberal democratic tradition.
Written constitution has principles that limit or restrain parliament through a judicial review. This means that, the parliament has the authority to enact laws of the land but they must be reviewed by the judiciary of a nation. Such control of parliament’s limitless power ensures that there is no misuse of power. In addition, a balance between legislature and judiciary is created therefore reducing excess political influence on a nation.
Written constitution ensures duly enacted laws serve the public welfare. As a result, the parliament is responsible towards the citizens. Moreover, the principles of the natural law are bound by morality and ethics of humanity. Hence, all laws governing the land are determined by the public good. Written constitution ensures the parliament delivers ultimate obedience to its subjects. Despite its supremacy in the land, parliament remains morally answerable to the welfare of its citizens.
Written law is not easily manipulated to suit an individual’s interests. For example, if a medical practitioner runs a business without permit from the government or license, he or she can easily manipulate the unwritten law to fit his circumstance. Written constitution is precise and statements written are not controversial. In addition, all laws regarding practice and professional ethics governing different professions are enacted. Incase such scenarios arise it is efficient to quote the written law.
Written constitution ensures an effective implementation of the rule of law in parliament and other government bodies. Rule of law includes judicial aspects, where the courts are charged with responsibility of protecting the interests of the public from unlawful acts. Such acts may originate from parliament and court has the responsibility of interpreting the law appropriately to ensure public good. The balance between legislature and judiciary helps in implementation of respect of law.
A written constitution has important sections especially ‘Bills of Rights’. In developed nations, unwritten constitution protects its citizens. Incase of minority harassment, no justice can be found. Written constitution provides clauses on human rights, which cover all citizens regardless of race or tribe. Written constitution acts as a reference point for all citizens in a given nation, hence the protection of public good is enhanced.
Written constitution offers a document for reference where the main bodies of government are listed together with their responsibilities. Without a written constitution, there exists a vacuum for a legal doctrine. Cabinet, judiciary and parliament are the major government bodies and their roles need to be clearly listed. A written constitution would provide that legal document for future references. A written constitution provides a clear distinction between constitutional and ordinary laws.
The article is relevant to this thesis because it provides the reasons which led to the adoption of a written constitution in Britain. The journal supports the thesis; written constitution supports liberal democracy and growth. This journal provides the gaps which existed in unwritten constitution of Britain. In addition, it addresses the need to include clauses on human rights in the constitution. Moreover, it addresses the need for public welfare in governance as well as the need to implement rule of law.