Should the United Kingdom Adopt a Written Constitution - Free Essay Example

Sample details Pages: 9 Words: 2635 Downloads: 5 Date added: 2017/06/26 Category Law Essay Type Argumentative essay Level High school Did you like this example? ESSAY QUESTION: SHOULD THE UK ADOPT A WRITTEN CONSTITUTION? First of all, In order to full explain if the UK should adopt a written constitution we need to define the meaning of a constitution. Duhaime.org defines a constitution à ¢Ã¢â€š ¬Ã…“as the basic fundamental law of a state which sets at how that state will be organized and the powers and authorities of government between different political units and citizens.à ¢Ã¢â€š ¬Ã‚  Macmillianditionary.com goes on to define a constitution à ¢Ã¢â€š ¬Ã…“as a set of basic laws or principles for a country that describe the rights and duties of its citizens and the way in which it is governedà ¢Ã¢â€š ¬Ã‚ . I personally define a constitution as the body of rules set in place in order for that particular society to follow and it also guides that society. Don’t waste time! Our writers will create an original "Should the United Kingdom Adopt a Written Constitution?" essay for you Create order Now, we need to know how many types of constitution there is. There are three main types of the constitution which are: The written constitution. The unwritten constitution. Flexible/Rigid constitution. Basically, we will be focusing on just two types of the constitution which is the Written Unwritten constitutions. For us to fully grasp this question we need to know what a written and unwritten constitution are: WRITTEN UNWRITTEN CONSTITUTION Before we go any further, we need to know what a written and an unwritten actually are; Written constitution: I would define a written constitution as the body of rules is written and can also be found in one single document. Politics.co.uk defines the written constitution à ¢Ã¢â€š ¬Ã…“as a formal document which defines the nature of the constitutional settlement, the rules that govern the political system and the rights of citizens and government in a codified formà ¢Ã¢â€š ¬Ã‚ . Examples of countries that use a written constitution: USA Argentina Nigeria Advantages of a written constitution: It is easily accessible The references of a written constitution can be made for the written document and any breach of the principles that are contained in the written constitution will obviously become unconstitutional. It can control the arbitrary rule in a way that it checks on the authority of the head of state so that he would not be able to abuse his authority. It consists of all the basic laws as well as the concepts will all be in one single document. Disadvantages of a written constitution: Cannot be easily amended Sometimes in an autocratic state, the leaders try and change some of the laws that are in the written constitution, in order for it to suit their personal needs. In a country where the written constitution is used, the constitution is supreme. It is also a rigid type of constitution Unwritten constitution: Many people assume that when a country has an unwritten constitution it necessarily means that their constitution is literally not written down. However, that is not the case the fact that it is called à ¢Ã¢â€š ¬Ã‹Å"an unwritten constitutionà ¢Ã¢â€š ¬Ã¢â€ž ¢, does not mean that their constitution is not written down it just means that it cannot be found in on document like the written constitution but is found in various documents. Merriam- Webster.com it defines an unwritten constitution as à ¢Ã¢â€š ¬Ã…“not being embodied in a single document but based chiefly on custom and precedent as expressed in statutes and judicial decisions.à ¢Ã¢â€š ¬Ã‚  Examples of countries that use an unwritten constitution: Israel New Zealand UK Advantages of an unwritten constitution: It is also a flexible constitution, meaning that it can be easily amended. An unwritten constitution reshapes. So that it can showcase the times we live in. There is supremacy of parliament. Unlike many countries that use a written constitution, states that use amending an unwritten constitution is way simpler. It is a simple procedure to change the constitution Disadvantages of an unwritten constitution: There is a lot of uncertainty within the constitution itself. All though the unwritten constitution is very flexible. Political issues can occur that can make the process harder or much more difficult. It is not easily accessible. DIFFERENCE BETWEEN WRITTEN CONSTITUTION UNWRITTEN CONSTITUTION The main difference between an unwritten and a written constitution is that a written constitution it can be found in one legal document which is usually enacted in the form of laws. A written constitution is very clear- cut, definite as well as systematic. A written constitution is actually the product that was born from the hard work of the people of that country/state. Basically, this type of constitution is made by a governmental group that is first of all elected into office by the general public of that society/country at a point in time in history. A country that has a written constitution, usually the constitution in that country is usually supreme because most of the laws that are used to guide that country/society is actually derived from the constitution. Also stated earlier, A written constitution is rigid, which means that the procedure to amend if there is anything to amend if there is any situation to do so it is a difficult one. Usually most written constitutions donà ¢Ã¢â€š ¬Ã¢â€ž ¢t really go through a process of change which can mean that most of the laws that derive from there are archaic or it isnà ¢Ã¢â€š ¬Ã¢â€ž ¢t necessary for this time and age. For example, the constitution of India was created in the year 1950 so some of the laws that were made then cannot identify with the society change of 2015 and it cannot be changed because the constitution is a rigid one. As for an unwritten constitution, is the type of constitution that most of the governmentsà ¢Ã¢â€š ¬Ã¢â€ž ¢ concepts usually are not enforced into law or enforced that is made into an actual law or a body of laws. Usually an unwritten constitution comprises of customs, conventions, traditions and very few written laws that are actually dated. Unlike the written constitution, the unwritten constitution is unsystematic, not precise, not clear- cut. Basically it is the exact opposite of the written constitutio n. We know that for a written constitution that it is derived from the hard work of the people which most of the time they have no knowledge of this. However, an unwritten constitution actually derives from the conscious hard work of the people of that particular society. Which can mean that the effort that was put there was not really a whole hearted one. An unwritten constitution is not derived from any historical development or event, neither is it created by a governmental group e.g.: Constituent assembly at a certain point in history. Because of this, unlike a written constitution that can be called an enacted constitution. An unwritten constitution is usually called a cumulative constitution. A classic example of an unwritten constitution is the UK constitution which is our main topic of discussion. Also unlike the written constitution, an unwritten constitution is a flexible constitution ità ¢Ã¢â€š ¬Ã¢â€ž ¢s a flexible constitution which simply means that it can be easily am ended or even changed. The unwritten constitution is actually a time- friendly constitution meaning that unlike the written constitution that most of the laws that were made at that particular time in history e.g.: the Indian constitution that was created in 1950, most of the laws that are there are still being used now. This sometimes makes it difficult and confusing for the society of 2015 to comprehend. The unwritten constitution is a different case, due to the fact that that it is flexible which makes the amendment procedure quite simple. Most of the laws are changed during time and it agrees with that particular society at that point in time which makes it easy to comprehend. In a country that makes use of an unwritten constitution, the constitution is not supreme rather most of the countries that practice this constitution has a parliamentary government system which makes the parliament sovereign. Should the UK adopt a written constitution? We need to see both sides in o rder to decide which constitution will be suitable for the UK government. Advantages of the UK still having an unwritten constitution: First of all, we know that the UK constitution is an unwritten constitution. There are many sources that make up the UK constitution some can be: conventions, court rulings, statutes, common law, European laws, treaties etc. So even though the UK would want to adopt a written constitution it would be a very difficult procedure to begin with. Apart from this the Magna Carta (Which is the name of Britainà ¢Ã¢â€š ¬Ã¢â€ž ¢s constitution) has a lot of historical history attached to it as well as major historic and political events that is recorded within this constitution, the Magna carta 1215[1] is basically the symbol of successful years of democracy as well as a symbol of unity between all the countries that make the united kingdom. In a written constitution we know that it is also a rigid constitution and whatever is stated down will be there f or years to come but with the uk constitution is a flexible constitution therefore making the procedure of amendment or changing the laws entirely easier than that of a country with a written constitution. Also a written constitution is usually created when there is either a government takeover or when that particular country is founded. Based on the fact that the UK is a very old country this can be difficult to automatically change from unwritten to written. Disadvantages of the UK having an unwritten constitution: The main disadvantage of the unwritten constitution of the UK is the fact that there is parliament supremacy. This literally means that whatever the parliament makes into law is final and nobody can repeal or contest this. So the problem here is that, the parliament can make anything they want to be made into law. This means that they can make discriminatory laws or autocratic laws and there is nothing the government or anyone can do about it. An example can be: T he US constitution 13th amendment[2] which states that: à ¢Ã¢â€š ¬Ã…“No law can be passed that allows slavery as it is therefore unconstitutionalà ¢Ã¢â€š ¬Ã‚ . Even though it is difficult to amend a law in the US constitution is a form of a higher level of authority. Since this is not the case in the UK where the parliament is supreme and whatever laws that are made by parliament are permanent which can make it easy for the parliament to make slavery legal and nothing can stop this from happening. All though this cannot occur since slavery has been abolished and is not legal in the UK, but because of parliament sovereignty there would not be anything stopping them from doing so. Another example of parliament supremacy was when parliament decided to exempt them from the Protection of Freedoms Act 2012[3]. This act was to protect the confidentiality of the correspondence of the parliament and its constituents. Advantage of the written constitution in UK: Stated above we can determine what the advantage of the UK adopting a written constitution is that it will make the laws standard, it will make it clear for citizens to know their rights and their liberties. Apart from that in many countries that use the written constitution, the constitution is supreme which means just like the example of the 13th amendment of the US constitution which stated that no laws that enabled slavery would be allowed if it is, then this would be unconstitutional. Hence making it every law standard and since it is difficult to amend a written constitution it cannot be changed based anybody or governmental bodies whim. Also with the adoption of the written constitution in the UK it can eradicate the use of the monarchy in the UK. Disadvantages of the written constitution: Even though, that the written constitution looks more suitable for the UK to adopt this. However, if it does so there would be things that would not be agreeable or acceptable Such as discrimination. An example of a country that has had discrimination written in its constitution is: The New Hungarian Constitution which was enforced in 2012[4]: Article M. Section 1- Basic stipulation: à ¢Ã¢â€š ¬Ã…“Hungary protects the institution of marriage between man and woman, a matrimonial relationship voluntary established, as well as the family as the basis for the survival of the nationà ¢Ã¢â€š ¬Ã‚ . This is basically saying that it does not recognize same-sex marriages this is highly discriminatory and un- called for. Another example of this discrimination and also Religious bias in this constitution can be found in: Article 11[5]- Freedom and responsibility says that- à ¢Ã¢â€š ¬Ã…“Human dignity is inviolable. Everyone has the right to life and human dignity; the life of a fetus will be protected from conceptionà ¢Ã¢â€š ¬Ã‚ . This also banned abortion and preventing anyone who believes in this to either have a choice and it does not matter how this was conceived. And it also prev ents them from doing whatever they want with their own body. Also we know that Hungary is a Christian nation so therefore we have seen through its constitution that it is possible for a written constitution to have room discrimination and religious bias. This can occur in the UK if a written constitution is adopted, because we know that the Church of England is still the established church of the United Kingdom and they are also represented in parliament as a member of the House of Lords to be exact. All though, it is highly unlikely that the UK can establish law that contain discrimination and religious bias but it is a major maybe that it can occur. Conclusion: Personally, I believe that even though there are a lot of advantages that would makes a written constitution beneficial for the UK, The disadvantages which some is stated above outweigh the advantages. All though an unwritten constitution also has its major issue and problems the major one being: à ¢Ã¢â€š ¬Ã‹Å"Parlia ment supremacyà ¢Ã¢â€š ¬Ã¢â€ž ¢. The following facts summarize my personal view on why I think a written constitution should be adopted: For the fact that only three countries still have the unwritten constitution; Israel, UK and New Zealand. Shows that the written constitution is much more authentic. Another is Parliament supremacy since we know from what is stated above, that the parliament has the right to either make or unmake any law they please and nothing can be done about it. This means that they can decide to make laws that infringe on our fundamentals rights and freedoms. This that The Human Rights Act 1998[6] that was incorporated into laws can be affected as well as The European Communities Act 1972[7] which can affect these laws that show the supremacy of the community. And this can affect the laws that show the supremacy of community laws. Parliamentary supremacy can also be shown in this case: Where parliament tried to introduce The Asylum and Immigration Act Bill 2002 and this also had an ouster clause but due to parliamentary supremacy judicial review was removed from reviewing the failed asylum applicants. We know that due to the Constitutional Reform Act 2005[8] this made a lot of key changes in the structure of the UK constitution which means that we can adopt other acts and reforms that can push the UK on the path of a written constitution. BIBLIOGRAPHY à ¢Ã¢â€š ¬Ã‹Å"Definition of a constitutionà ¢Ã¢â€š ¬Ã¢â€ž ¢. 2015 (Online), www.duhaime.org (29th May 2015). à ¢Ã¢â€š ¬Ã‹Å"Definition of a constitution. 2015 (Online) www.macmillandictionary.com . (29th May 2015) à ¢Ã¢â€š ¬Ã‹Å"Sources of typeà ¢Ã¢â€š ¬Ã¢â€ž ¢s constitutionà ¢Ã¢â€š ¬Ã¢â€ž ¢. 2015 (Online) www.answers.com (29th May 2015). à ¢Ã¢â€š ¬Ã‹Å"Difference between a written and constitutionà ¢Ã¢â€š ¬Ã¢â€ž ¢. 2015 (Online), www.preservearticles.com (29th May 2015) à ¢Ã¢â€š ¬Ã‹Å"Difference between written unwritten constitutionà ¢Ã¢â€š ¬Ã¢â€ž ¢. 2015 (Online), www.academia.edu (29th May 2015) à ¢Ã¢â€š ¬Ã‹Å"Personal view sourcesà ¢Ã¢â€š ¬Ã¢â€ž ¢. 2015 (Online) www.thewilberforcesociety.co.uk (5thJune 2015). [1] Magna carta 1215 constitution of the Uk. [2] The USA constitution (The bill of rights). [3] See the protection of freedom act 2012. [4] See article M, S(1) of New Hungarian constitution [5] Article 11 of New Hungarian constitution [6] The Human Rights Act 1998 [7] The asylum and immigration Act (bill) 2002 [8]Constitutional Reform Act 2005. Should the United Kingdom Adopt a Written Constitution - Free Essay Example Sample details Pages: 9 Words: 2635 Downloads: 5 Date added: 2017/06/26 Category Law Essay Type Argumentative essay Level High school Did you like this example? ESSAY QUESTION: SHOULD THE UK ADOPT A WRITTEN CONSTITUTION? First of all, In order to full explain if the UK should adopt a written constitution we need to define the meaning of a constitution. Duhaime.org defines a constitution à ¢Ã¢â€š ¬Ã…“as the basic fundamental law of a state which sets at how that state will be organized and the powers and authorities of government between different political units and citizens.à ¢Ã¢â€š ¬Ã‚  Macmillianditionary.com goes on to define a constitution à ¢Ã¢â€š ¬Ã…“as a set of basic laws or principles for a country that describe the rights and duties of its citizens and the way in which it is governedà ¢Ã¢â€š ¬Ã‚ . I personally define a constitution as the body of rules set in place in order for that particular society to follow and it also guides that society. Don’t waste time! Our writers will create an original "Should the United Kingdom Adopt a Written Constitution?" essay for you Create order Now, we need to know how many types of constitution there is. There are three main types of the constitution which are: The written constitution. The unwritten constitution. Flexible/Rigid constitution. Basically, we will be focusing on just two types of the constitution which is the Written Unwritten constitutions. For us to fully grasp this question we need to know what a written and unwritten constitution are: WRITTEN UNWRITTEN CONSTITUTION Before we go any further, we need to know what a written and an unwritten actually are; Written constitution: I would define a written constitution as the body of rules is written and can also be found in one single document. Politics.co.uk defines the written constitution à ¢Ã¢â€š ¬Ã…“as a formal document which defines the nature of the constitutional settlement, the rules that govern the political system and the rights of citizens and government in a codified formà ¢Ã¢â€š ¬Ã‚ . Examples of countries that use a written constitution: USA Argentina Nigeria Advantages of a written constitution: It is easily accessible The references of a written constitution can be made for the written document and any breach of the principles that are contained in the written constitution will obviously become unconstitutional. It can control the arbitrary rule in a way that it checks on the authority of the head of state so that he would not be able to abuse his authority. It consists of all the basic laws as well as the concepts will all be in one single document. Disadvantages of a written constitution: Cannot be easily amended Sometimes in an autocratic state, the leaders try and change some of the laws that are in the written constitution, in order for it to suit their personal needs. In a country where the written constitution is used, the constitution is supreme. It is also a rigid type of constitution Unwritten constitution: Many people assume that when a country has an unwritten constitution it necessarily means that their constitution is literally not written down. However, that is not the case the fact that it is called à ¢Ã¢â€š ¬Ã‹Å"an unwritten constitutionà ¢Ã¢â€š ¬Ã¢â€ž ¢, does not mean that their constitution is not written down it just means that it cannot be found in on document like the written constitution but is found in various documents. Merriam- Webster.com it defines an unwritten constitution as à ¢Ã¢â€š ¬Ã…“not being embodied in a single document but based chiefly on custom and precedent as expressed in statutes and judicial decisions.à ¢Ã¢â€š ¬Ã‚  Examples of countries that use an unwritten constitution: Israel New Zealand UK Advantages of an unwritten constitution: It is also a flexible constitution, meaning that it can be easily amended. An unwritten constitution reshapes. So that it can showcase the times we live in. There is supremacy of parliament. Unlike many countries that use a written constitution, states that use amending an unwritten constitution is way simpler. It is a simple procedure to change the constitution Disadvantages of an unwritten constitution: There is a lot of uncertainty within the constitution itself. All though the unwritten constitution is very flexible. Political issues can occur that can make the process harder or much more difficult. It is not easily accessible. DIFFERENCE BETWEEN WRITTEN CONSTITUTION UNWRITTEN CONSTITUTION The main difference between an unwritten and a written constitution is that a written constitution it can be found in one legal document which is usually enacted in the form of laws. A written constitution is very clear- cut, definite as well as systematic. A written constitution is actually the product that was born from the hard work of the people of that country/state. Basically, this type of constitution is made by a governmental group that is first of all elected into office by the general public of that society/country at a point in time in history. A country that has a written constitution, usually the constitution in that country is usually supreme because most of the laws that are used to guide that country/society is actually derived from the constitution. Also stated earlier, A written constitution is rigid, which means that the procedure to amend if there is anything to amend if there is any situation to do so it is a difficult one. Usually most written constitutions donà ¢Ã¢â€š ¬Ã¢â€ž ¢t really go through a process of change which can mean that most of the laws that derive from there are archaic or it isnà ¢Ã¢â€š ¬Ã¢â€ž ¢t necessary for this time and age. For example, the constitution of India was created in the year 1950 so some of the laws that were made then cannot identify with the society change of 2015 and it cannot be changed because the constitution is a rigid one. As for an unwritten constitution, is the type of constitution that most of the governmentsà ¢Ã¢â€š ¬Ã¢â€ž ¢ concepts usually are not enforced into law or enforced that is made into an actual law or a body of laws. Usually an unwritten constitution comprises of customs, conventions, traditions and very few written laws that are actually dated. Unlike the written constitution, the unwritten constitution is unsystematic, not precise, not clear- cut. Basically it is the exact opposite of the written constitutio n. We know that for a written constitution that it is derived from the hard work of the people which most of the time they have no knowledge of this. However, an unwritten constitution actually derives from the conscious hard work of the people of that particular society. Which can mean that the effort that was put there was not really a whole hearted one. An unwritten constitution is not derived from any historical development or event, neither is it created by a governmental group e.g.: Constituent assembly at a certain point in history. Because of this, unlike a written constitution that can be called an enacted constitution. An unwritten constitution is usually called a cumulative constitution. A classic example of an unwritten constitution is the UK constitution which is our main topic of discussion. Also unlike the written constitution, an unwritten constitution is a flexible constitution ità ¢Ã¢â€š ¬Ã¢â€ž ¢s a flexible constitution which simply means that it can be easily am ended or even changed. The unwritten constitution is actually a time- friendly constitution meaning that unlike the written constitution that most of the laws that were made at that particular time in history e.g.: the Indian constitution that was created in 1950, most of the laws that are there are still being used now. This sometimes makes it difficult and confusing for the society of 2015 to comprehend. The unwritten constitution is a different case, due to the fact that that it is flexible which makes the amendment procedure quite simple. Most of the laws are changed during time and it agrees with that particular society at that point in time which makes it easy to comprehend. In a country that makes use of an unwritten constitution, the constitution is not supreme rather most of the countries that practice this constitution has a parliamentary government system which makes the parliament sovereign. Should the UK adopt a written constitution? We need to see both sides in o rder to decide which constitution will be suitable for the UK government. Advantages of the UK still having an unwritten constitution: First of all, we know that the UK constitution is an unwritten constitution. There are many sources that make up the UK constitution some can be: conventions, court rulings, statutes, common law, European laws, treaties etc. So even though the UK would want to adopt a written constitution it would be a very difficult procedure to begin with. Apart from this the Magna Carta (Which is the name of Britainà ¢Ã¢â€š ¬Ã¢â€ž ¢s constitution) has a lot of historical history attached to it as well as major historic and political events that is recorded within this constitution, the Magna carta 1215[1] is basically the symbol of successful years of democracy as well as a symbol of unity between all the countries that make the united kingdom. In a written constitution we know that it is also a rigid constitution and whatever is stated down will be there f or years to come but with the uk constitution is a flexible constitution therefore making the procedure of amendment or changing the laws entirely easier than that of a country with a written constitution. Also a written constitution is usually created when there is either a government takeover or when that particular country is founded. Based on the fact that the UK is a very old country this can be difficult to automatically change from unwritten to written. Disadvantages of the UK having an unwritten constitution: The main disadvantage of the unwritten constitution of the UK is the fact that there is parliament supremacy. This literally means that whatever the parliament makes into law is final and nobody can repeal or contest this. So the problem here is that, the parliament can make anything they want to be made into law. This means that they can make discriminatory laws or autocratic laws and there is nothing the government or anyone can do about it. An example can be: T he US constitution 13th amendment[2] which states that: à ¢Ã¢â€š ¬Ã…“No law can be passed that allows slavery as it is therefore unconstitutionalà ¢Ã¢â€š ¬Ã‚ . Even though it is difficult to amend a law in the US constitution is a form of a higher level of authority. Since this is not the case in the UK where the parliament is supreme and whatever laws that are made by parliament are permanent which can make it easy for the parliament to make slavery legal and nothing can stop this from happening. All though this cannot occur since slavery has been abolished and is not legal in the UK, but because of parliament sovereignty there would not be anything stopping them from doing so. Another example of parliament supremacy was when parliament decided to exempt them from the Protection of Freedoms Act 2012[3]. This act was to protect the confidentiality of the correspondence of the parliament and its constituents. Advantage of the written constitution in UK: Stated above we can determine what the advantage of the UK adopting a written constitution is that it will make the laws standard, it will make it clear for citizens to know their rights and their liberties. Apart from that in many countries that use the written constitution, the constitution is supreme which means just like the example of the 13th amendment of the US constitution which stated that no laws that enabled slavery would be allowed if it is, then this would be unconstitutional. Hence making it every law standard and since it is difficult to amend a written constitution it cannot be changed based anybody or governmental bodies whim. Also with the adoption of the written constitution in the UK it can eradicate the use of the monarchy in the UK. Disadvantages of the written constitution: Even though, that the written constitution looks more suitable for the UK to adopt this. However, if it does so there would be things that would not be agreeable or acceptable Such as discrimination. An example of a country that has had discrimination written in its constitution is: The New Hungarian Constitution which was enforced in 2012[4]: Article M. Section 1- Basic stipulation: à ¢Ã¢â€š ¬Ã…“Hungary protects the institution of marriage between man and woman, a matrimonial relationship voluntary established, as well as the family as the basis for the survival of the nationà ¢Ã¢â€š ¬Ã‚ . This is basically saying that it does not recognize same-sex marriages this is highly discriminatory and un- called for. Another example of this discrimination and also Religious bias in this constitution can be found in: Article 11[5]- Freedom and responsibility says that- à ¢Ã¢â€š ¬Ã…“Human dignity is inviolable. Everyone has the right to life and human dignity; the life of a fetus will be protected from conceptionà ¢Ã¢â€š ¬Ã‚ . This also banned abortion and preventing anyone who believes in this to either have a choice and it does not matter how this was conceived. And it also prev ents them from doing whatever they want with their own body. Also we know that Hungary is a Christian nation so therefore we have seen through its constitution that it is possible for a written constitution to have room discrimination and religious bias. This can occur in the UK if a written constitution is adopted, because we know that the Church of England is still the established church of the United Kingdom and they are also represented in parliament as a member of the House of Lords to be exact. All though, it is highly unlikely that the UK can establish law that contain discrimination and religious bias but it is a major maybe that it can occur. Conclusion: Personally, I believe that even though there are a lot of advantages that would makes a written constitution beneficial for the UK, The disadvantages which some is stated above outweigh the advantages. All though an unwritten constitution also has its major issue and problems the major one being: à ¢Ã¢â€š ¬Ã‹Å"Parlia ment supremacyà ¢Ã¢â€š ¬Ã¢â€ž ¢. The following facts summarize my personal view on why I think a written constitution should be adopted: For the fact that only three countries still have the unwritten constitution; Israel, UK and New Zealand. Shows that the written constitution is much more authentic. Another is Parliament supremacy since we know from what is stated above, that the parliament has the right to either make or unmake any law they please and nothing can be done about it. This means that they can decide to make laws that infringe on our fundamentals rights and freedoms. This that The Human Rights Act 1998[6] that was incorporated into laws can be affected as well as The European Communities Act 1972[7] which can affect these laws that show the supremacy of the community. And this can affect the laws that show the supremacy of community laws. Parliamentary supremacy can also be shown in this case: Where parliament tried to introduce The Asylum and Immigration Act Bill 2002 and this also had an ouster clause but due to parliamentary supremacy judicial review was removed from reviewing the failed asylum applicants. We know that due to the Constitutional Reform Act 2005[8] this made a lot of key changes in the structure of the UK constitution which means that we can adopt other acts and reforms that can push the UK on the path of a written constitution. BIBLIOGRAPHY à ¢Ã¢â€š ¬Ã‹Å"Definition of a constitutionà ¢Ã¢â€š ¬Ã¢â€ž ¢. 2015 (Online), www.duhaime.org (29th May 2015). à ¢Ã¢â€š ¬Ã‹Å"Definition of a constitution. 2015 (Online) www.macmillandictionary.com . (29th May 2015) à ¢Ã¢â€š ¬Ã‹Å"Sources of typeà ¢Ã¢â€š ¬Ã¢â€ž ¢s constitutionà ¢Ã¢â€š ¬Ã¢â€ž ¢. 2015 (Online) www.answers.com (29th May 2015). à ¢Ã¢â€š ¬Ã‹Å"Difference between a written and constitutionà ¢Ã¢â€š ¬Ã¢â€ž ¢. 2015 (Online), www.preservearticles.com (29th May 2015) à ¢Ã¢â€š ¬Ã‹Å"Difference between written unwritten constitutionà ¢Ã¢â€š ¬Ã¢â€ž ¢. 2015 (Online), www.academia.edu (29th May 2015) à ¢Ã¢â€š ¬Ã‹Å"Personal view sourcesà ¢Ã¢â€š ¬Ã¢â€ž ¢. 2015 (Online) www.thewilberforcesociety.co.uk (5thJune 2015). [1] Magna carta 1215 constitution of the Uk. [2] The USA constitution (The bill of rights). [3] See the protection of freedom act 2012. [4] See article M, S(1) of New Hungarian constitution [5] Article 11 of New Hungarian constitution [6] The Human Rights Act 1998 [7] The asylum and immigration Act (bill) 2002 [8]Constitutional Reform Act 2005.

Understanding University of Washington Essay Topics

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Nature and nurture shape our personalities Free Essays

Each person is unique and a person of worth under his/her own right. This statement defines who a person is, one s endowed with the faculties to exist and be a contributing member of society. However, how a person develops certain characteristics and traits have aroused the curiosity of the scientific and academic community. We will write a custom essay sample on Nature and nurture shape our personalities or any similar topic only for you Order Now Even parents want to know how personalities are developed so they would be able to rear their children in the proper way and become adults who have a well rounded personality. The questions remains, how do people develop their personalities and what factors influence it. Although some people believe that personalities are influenced by nurture while others believe that personalities are influenced by nature, but it is a combination of both nature and nurture that shape our personalities. The nature-nurture controversy has led to the different perspectives on how an individual’s personality develops. Relevant materials: The Boy Who Became a Girl The nature perspective says that a person comes into this world with a certain traits and characteristics which make him/her predisposed to behave and think in a certain way. The nature perspective is largely biological and genetic; wherein it is thought that personality is often passed from parents to offspring and that a child may inherit the traits of the parents (Carlson Buskist, 1997) just as they inherit their father’s eyes or their mother’s skin. Moreover, the biological perspective has said that a child is already born with certain personality traits that are enduring and stable over time. If a child has a difficult temperament as a baby, it can be expected that as an adult, that child would still be moody and temperamental. Finally, the nature perspective says that personality types are based on the gene pool of the individual, they say that aggression or predisposition to violence is genetically based, some people are just born to have the violent gene and that there is nothing that can be done to change this (Friedman Schustack, 2006). The nature perspective may seem to be deterministic and narrow, once a person is said to be shy or timid, then that person will always be shy until the end of his/her life. The nurture perspective was borne out of the reaction and revolt against the nature perspective, the proponents of the nurture perspective found the biological view close and incomplete, it was not able to account for the concept of choice and free will and that each person has the capacity to change and become better persons. The nurture perspective advocated that individuals are fundamentally good and that each person can be trained and influenced to be a better person or have positive personality traits (Friedman Schustack, 2006). Therefore, a person may come from a family of criminals or psychotics but with the right nurturing environment and love and care the child can grow up to become morally upright and compassionate. The nurture perspective places greater importance to the quality of care and the kind of environment that a child receives during his/her early years can affect the child’s personality and will form his/her characteristics and traits. The nurture perspective does not allow for any biological influence, in fact John B. Watson in his famous declaration has been known to say that he can train children to become whatever he desires them to be (Friedman Schustack, 2006). The nurture perspective is more positive as compared to the nature perspective when it comes to personality change. The perspective holds that each person with the right support and guidance will be able to change his/her personality traits for the better. As the nature-nurture debate wore on, scientists and philosophers were finding evidence that suggested that personality development is not solely nature nor nurture, but a combination of both perspectives. Relying on the nature perspective alone does not present a complete picture of how personality is developed. They say that personality traits are not observable and one cannot identify which gene carries what trait therefore the perspective lacked credence as traits are not adequately labeled. At the same time, saying that the environment alone is the sole influence that affects personality development is wrong. There is always the continued interplay between nature and nurture and in reality; personality is molded by the combination of these two conflicting views. Personality traits and characteristics are developed and molded by both nature and nurture factors wherein the individual finds him/her self. It is true that one’s biological traits affect the individual and can be used as basis to predict the behavior of the child in the future as well as what kind of personality he/she will have. Personality traits that are expressed through emotions have been found to be affected by the endorphins and the hormones that a person has (Carlson Buskist, 1997). For example, men and women differ in their personalities because women have more estrogen which activates the body into being more emotional and easily affected by feelings and situations while men who have a very low estrogen levels are hardier, more composed and calm than women. The physiology of the human brain also influence the personality of the individual (Carlson Buskist, 1997), those who have a more developed language area are more vocal, more able to express their emotions while those who have more developed logical area are more rational. Moreover, intelligence which is a key ingredient of a person’s personality is also genetically based, those who are highly intelligent will be more critical, more resilient and more introverted while those who are more socially adept will tend to be extroverted. The influence of the environment over the personality of the individual has been demonstrated by the number of cases of wherein the child has been brought up in a positive environment despite being borne in a dysfunctional family grew up to be straight and proper. In the earliest experiments of human contact which tackles the issue of nurture it was found that monkeys reared alone and without a nurturing mother was cold, lifeless and unable to relate with other monkeys. On the other hand, a monkey which was reared together with a mechanical monkey displayed more positive behaviors than the first monkey (Westen, 2003). This showed that a nurturing environment is important for the developing child, in a similar light; it was found that those children who were exposed to aggression also imitated the aggressive behavior that was shown to them (Huesmann, Moise-Titus, Podolski Eron, 2003). These underscores the double edged sword that nurture is because a positive environment may lead to positive outcomes while a negative environment may also be a threat to the development of the child. However, taking both of the perspectives explains far more completely how personality is developed and formed. A child’s genetic make-up provides for the predispositions that a child has, while the kind of environment that he/she grows up in will also form part of his/her personality. Personality tests have often found that personality traits are stable and enduring (Westen, 2003), a child may be stubborn in his/her younger age may mellow down and with the societal influences and an environment that promotes respect and obedience may tame the stubbornness, but in the end, his/her stubbornness may prevail when placed in a difficult situation or when she has to cope with a certain issue or problem. Moreover, a child may be overly active and vocal since childhood but through experience and social forces may transform the child into an adult who excels in sports or who are activists and leaders. This is also true for the other side of personality, the evil and dark side. Some children are evil and these can be observed in their behavior towards other children or other creatures, and sometimes they grow up to be criminals and sociopaths (Westen, 2003). In a same vein, children who have experienced abuse and traumatic events tend to develop personality disorders that affect their quality of life and relationships. Lastly, it has been reported that injuries to the brain have often resulted to a change in personality (Westen, 2003) and these had adverse effects to the individual and his/her family. The person’s behavior becomes erratic; he/she may have mood swings or may even portray a personality that is completely uncharacteristic of him/her. Without a doubt, personality is shaped by one’s biological predispositions and environment, each one of us have heard a small voice inside of us that shares our thoughts and feelings, while the most important persons in our lives have influenced and inspired us to dream and fulfill our ambitions in life. In the past the nature versus nurture debate was intensely championed by both sides, but at present it has been realized that acknowledging both the nature and nurture aspect of one’s development and personality provides a more complete and accurate picture of human nature. References Carlson N. Buskist W. (1997). Psychology: The Science of Behavior 5th ed. Boston: Allyn and Bacon. Friedman, H. Schustack, M. (2006). Personality: Classic theories and modern Research 3rd ed. Boston: Allyn Bacon. Huesmann, L., Moise-Titus, J., Podolski, C.   Eron, L. (2003). Longitudinal relations between children’s exposure to TV violence and their aggressive and violent behavior in young adulthood: 1977-1992. Developmental Psychology, 39, 201-221. Westen, D. (2003). Psychology: Brain, Behavior, and Culture. New York: Wiley Sons. How to cite Nature and nurture shape our personalities, Essay examples