Appendices
Model Position Paper: Written or Unwritten Constitutions
The formation of a democratic government is a laborious and highly nuanced process that can take months or years to complete. Decisions must be made on many fronts, including the roles of government officials, criteria for citizenship, and rights guaranteed to citizens. Once the process is over, a decision must be made as to whether or not to write out the constitution - rules - for all to see. In other words, should the government be encouraged to follow the letter of the law or the spirit of the law? The most democratic option is to write out the constitution of a nation so that all people have access and can refer to the laws and regulations of the country at any time for any reason.
The question may be posed: what is so undemocratic about adopting an unwritten constitution? It can be argued that by not writing out the laws of a land the populace is excluded from engaging with the laws; they either do not know or cannot understand their rights without the proper training. This creates an elitist society. On the other hand, without written words a populace could interpret the meaning or intention of the law very liberally if they wished to do so. Unwritten constitutions are much more open to interpretation. Great Britain is a good example of a functioning democracy with an unwritten constitution.
Written constitutions are as plain as black and white. However, that is not to say that the written word doesn't provide a grey area of interpretation. In the example of the US Constitution, people who follow the laws as written regardless of context are called "strict constructionists" and people who take the evolution of political culture into consideration are called "loose constructionists". In this way, having a written constitution hardly circumvents conflict and interpretation. One unequivocal argument in favor of written constitutions is their permanence; they become canonical and revered by the populace and widely disseminated throughout the masses. This dissemination encourages democratic practices.
When considering all of the pros and cons of both options, it is easy to see why written constitutions are more democratic. First and foremost, the written word is easily accessible to the electorate, especially if it is allowed to be printed in many languages and is taught in schools (as in America). Second, unwritten constitutions leave too much room for politicians and other "higher-ups" to take advantage of the common man with underhanded interpretations. The written word - just like a signed contractual agreement - helps to protect the rights of citizens.
In conclusion, written constitutions are more democratic than unwritten constitutions for many reasons. Some of these are the accessibility, permanence, and easy interpretation of the written word. Also, unwritten constitutions can tend to create elitists societies where only a few high-level officials in the government have access to true understanding of the laws. America's choice to publish a written constitution proves that the government created by the Founding Fathers was committed to democratic principles and practices.
Report Card for Democratic States
Addressing Pennsylvania State Standards
The Social Studies standards for the state of Pennsylvania cross four different areas of study - Civics and Government, Economics, Geography, and History. This unit deals mostly in Civics and Government due to the focus on the US Constitution and comparative government studies.
Standard 5.1A - Principles and Documents of Government; Purpose of Government
Standard 5.1C - Principles and Documents of Government; Principles and Ideals that
Shape Government
Standard 5.1E - Principles and Documents of Government; Documents and Ideals
Shaping United States Government
Standard 5.1H - Principles and Documents of Government; Contributions of Framers of
Government
Standard 5.2E - Rights and Responsibilities of Citizenship; Ways Citizens Influence
Decisions and Actions of Government
Standard 5.3A - How Government Works; Structure, Organization, and Operation of
Governments
Standard 5.4A - How International Relationships Function; How Customs and
Traditions Influence Governments
Standard 5.4C - How International Relationships Function; Impact of the United States
on Political Ideals of Nations
Standard 8.1D - Historical Analysis and Skills Development; Historical Research
Standard 8.3B - United States History; Documents, Artifacts, and Historical Places
Standard 8.3C - United States History; Influences of Continuity and Change
Standard 8.4B - World History; Documents, Artifacts, and Historical Places
Standard 8.4C - World History; Influences of Continuity and Change
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