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Advantages & Disadvantages Written Constitution
Advantages & Disadvantages Written Constitution
A written constitution is one of the most widely accepted forms of constitution in Malaysia.
One of the reasons for this is that it is easier and faster to negotiate or refer to a written
constitution. Since the constitution is contained in one document, it is very easy for anyone to
discuss or discuss the whole constitution, but it should be noted that just as a written
constitution has many advantages, it also has its disadvantages. That is why there is still
controversy over whether a written constitution is the best form of constitution.
First advantages of a written constitution is the fact that it can be easily touched or consult.
This is not the same as an unwritten constitution because a written constitution is contained in
one text. However, other laws may be enacted in relation to its provisions. For example, in
Malaysia there is a Federal Constitution. However, this law may apply to other laws in
Malaysia such as Fundamental Liberties, Citizenship, The Fedaration and so on. The purpose
of this is usually to ensure the clarity of the provisions of the constitution. In addition, a draft
constitution makes it much easier for citizens to identify the constitution as the only Federal
Constitution but this will not happen if the constitution is not written in one document.
Next, it is easy to understand the content of the constitution. Unlike an unwritten constitution
where laws are not in the same text, it is often easier to interpret and understand the purpose
of a legislative body where the laws are contained in one document because reading all parts
of the constitution helps in translating one section. those and their duties. It is easy for
citizens to know when their rights have been violated, when the actions of government or
public officials are unconstitutional, so that they can sue in accordance with the provisions of
the constitution.
One of the major disadvantages of a written constitution is difficult to amend.The fact that a
written constitution is difficult to amend is both pros and cons at the same time. A written
constitution is very complex, with a complex amendment process, leading to the problem of
how to easily change it to suit the needs and the changing times. there is a written
constitution. This is because the constitution is not easily amended and can take a long time
which is bad.
The next disadvantages is the lack of flexibility. A written constitution is often interpreted
strictly. It does not allow for flexibility. Unless the courts interpret freely and repeatedly
renew in the spirit of generosity and taking it as a US constitution, such a country may find
itself in a crisis as its strong provisions do not meet the current and future needs of the
country. it was argued by legal experts that the process of amending a written constitution
should not be too complicated, but justified by spraying sound protections to protect useless,
unjust, and selfish amendments.
Overall, our Constitution reflects the realities of the past and the purposes of today. It is
natural for most services but it borrows the best options from many other authorities. Its
politics, economics and philosophy sign the middle ground. Despite its many shortcomings, it
is a masterpiece of empathy, compromise and balance. The challenge for Malaysian citizens
is to revitalize the spirit of the Mercedes Constitution and close the gap between theory and
reality. At the level of government it consists of the Congress of the Emperors, the Yang di
Pertuan Agong (Federal King), the Prime Minister, the Cabinet, civil servants, the police and
the military. It includes many special constitutional Commissions, councils and offices under
the Constitution. Among these are: Advocate General, Auditor-General, National Assembly,
National Council of Local Government, National Finance Council, Military Council,
Electoral Commission, Judicial and Legal Commission, Public Service Commission, Police
Service Commission and Commission. At the level of government, this official consists of
State Sultans in the nine provinces of Malay, the administrators of Penang, Malacca, Sabah
and Sarawak, the Chief Ministers of the State, their respective councils of state and local
authorities. (Dewan Rakyat and Dewan Negara). At the level of government, there is a non-
state legislature in each province. The Department of Justice at the state level consists of the
Federal Court, the Court of Appeal, the Malaya High Court and the Sabah and Sarawak High
Court. In addition, we have Assembly Courts, Magistrate's Courts and many courts
established by common law. At the level of government, each country has sections of the
Syrian courts to decide on the 24 topics of Islamic law described in Schedule 9, Schedule II,
Section 1. The Sabah and Sarawak Traditional Courts are available to resolve disputes in
areas provided by Traditional Courts by state law
References
https://www.isis.org.my/2019/12/10/malaysias-constitutional-fundamentals-no-1-of-a-series-
of-tun-hussein-onn-chair-in-international-studies-essays-on-the-federal-constitution-2/
http://www.jac.gov.my/spk/images/stories/10_akta/perlembagaan_persekutuan/federal_consti
tution.pdf
http://mpi.my/wp/wp-content/uploads/2012/03/Pengasingan-Kuasa.pdf
https://bscholarly.com/advantages-disadvantages-written-constitution/