That is, constitutional practices which are not legal rules, but are accepted as binding by the British people. Whether long or short, written constitutions can concern themselves exclusively or prevalently with the organization of government or deal extensively also with the rights of the people and with the goals of governmental action. Flexible and Rigid Constitution A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. However, she never said anything about the similarities or differences between some of the types of constitutions and that was a big problem. Your email address will not be published. Republican Constitution is a constitution that provides the position of head of the state who is commonly known as President. This contract as laid down in the form of a fully written, or partly written form usually provides that; the people must not be ruled by a government, except with the consent of the people. The constitution can be quite expensive to implement, especially when it comes to electing people into office. A written constitution is usually rigid in nature because of its cumbersome mode of amendment. The powers of the different tiers of the government are usually spelt out in legislative lists of the federal constitution. A constitution also lays principles to protect the human rights of its citizens. If necessary changes are not inserted in the constitution in view of the changes that take place with the march of time, the consequences may be very bad for country. Conversely, a federal constitution is one that provides for separate structures of government at the national, state and local councils, with each tier having its own constitutional assigned powers and duties. To understand a Monarchical constitution, you must understand that a monarchy is a government lead by a King, Queen, or Emperor. A written constitution, is a type of constitution which contain a single document and can be easily obtain and negotiate on any subject under discussion. The authority has been given to states to make its laws on education, police, taxation system etc. by Arvind Kumar, Preserve Articles. Unlike a rigid constitution that must require two-third majority of the parliament to amend the constitution, a flexible constitution may only require a simple majority. This is especially true when people elect suitable leaders who represent their interests. This means that the powers and limitations of government, as well as the rights and duties of citizens, are set in stone and cannot easily be altered. [1] [2] Nigeria has had many constitutions. The policies of the constitution also enable to put a check on the activities of the bodies. Legit.ng recently explore the 18 local governments in Nigerias Cross River State. -air hunger; sighing-sorrow, shock, stress, and disappointment; take after breakup with mate or death of pet or relative to help deal with the grief more effectively -chronic grieving, sadness, loneliness-deep depression-claustrophobic fears; great insomnia remedy-over-reactive mental state, anxiety from loss; nervous personality 4. Parliamentary Form of Government 6. The bureaucracy in democracies leads to unnecessary delays in decision making. It ensure political stability of the country because, no section can single handedly amend the constitution to its own favour. Types of constitution. Integrated and Independent Judiciary 9. Today, we will be looking at those different types of constitution. At times, unwritten laws can result in considerable instability. The people can experience slow government response on matters such as defence and emergencies. Be the first to get hottest news from our Editor-in-Chief, Check your email and confirm your subscription. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. At the same time, uncodified constitution type is based on customs and traditions. Having representatives makes government more efficient, resulting in faster and better implementation of the peoples will. TYPES OF CONSTITUTION CONTENT Written, Unwritten, Rigid, Flexible, Unitary, Federal and Confederal Constitution with Merits and Demerits of Each Type A written constitution: This refers to a constitution that is written down. Do you ever run into any web browser compatibility issues? Rigid Constitutionis aconstitutionwhich stands above the other laws of the country, while flexible constitutions do not. Reasons for underdevelopment in Nigeria and possible solutions. A. V. Dicey defines a rigid constitution as one under which certain laws, called constitutional laws or fundamental laws "cannot be changed in the same manner as ordinary laws." It is among the most stable law structure and is best suited for an emergency period in a country. I enjoin you to read this till the end if you really want to understand the types of a constitution. This is the ultimate law-making power vested in the UK parliament to create or abolish any law. He rules by divine right and his powers were not limited by the constitution if any. I enjoin you to seat calmly and read this work so that you will be able to grasp everything I will discuss here. This is a lesson from the tutorial, Constitutions and you are encouraged to log The word democracy is derived from two Greek words, demos and kratia. The former means people while the latter means government or rule. An unwritten constitution is a type of constitution does not contain a single document. This happens because all resources have to be mobilized by the national government. Instead of a 50% + 1 majority, a 2/3, 3/5 or 3/4 majority is required. This type of constitution is partially written and partly oral. A Monarchical constitution is actually a dynasty where the monarch is succeeded by his or her child or other heir from generation to generation or from one ruling house to another. It is free from the perils of temporary popular passion. In one sense this is true: in the United States there is a formal document called the Constitution, whereas there is no such document in the United Kingdom. The judiciary. The constitutions of USA, Australia and Switzerland are the example of a rigid constitution. The Rigid Constitution is a type of constitution that is not easily amended. Required fields are marked *. In the former, the monarch is the head of state, although in Britain"s case, the powers of the monarch are limited, and the Queen reigns in accordance with the constitution. The United Kingdom can modify its constitutional law by statute (or even in important areas by conventions between the supreme institutional powers of the state: the crown, Parliament, and the cabinet). The development of the material constitution is decisive in determining the retention or demiseas well as the actual meaning and scope in applicationof the principles and rules of the written constitution, whether the latter is rigid or flexible. Unitary systems can easily evolve into dictatorships. On the other hand, a written constitution is among the three main types of constitutions and is contained in a single document and can be easily consulted on pretty much every issue contained therein. See the truth as to whether lawyers are liars or not. There is a clear separation of powers among the executive, legislature, and judiciary. Countries where this type of constitution is being practice, the head of state who conducts ceremonial events only. There is better coordination between the legislature and the executive. Constitution of India: Borrowed Features Following are the features of the Constitution borrowed from different countries: Features borrowed From the United Kingdom; Nominal Head - President. The others are classifications of constitutions not types because you may find that some may be categorized under written and others under unwritten. The UK's constitution is unwritten as it hails from no single written document, but derives from a . If and when this attitude changes, the new viewpoint is likely to eventually make its way into the constitution, whether through the amending process and interpretation by the courts under a rigid constitution or through easier legislative procedures under a flexible constitution. Written Constitution: A written constitution means a constitution written in the form of a book or a series of documents combined in the form of a book. It can be amended only in special circumstances. Save my name, email, and website in this browser for the next time I comment. All names, acronyms, logos and trademarks displayed on this website are those of their respective owners. A state with such a constitution, he observed, is at best in the disagreeable position of a British traveler whom a hospitable Chinese entertainer has constrained to eat a dinner with chopsticks. For example, theConstitution of Australia is rigid, while theBritish Constitutionand theIsraeli Constitutionare flexible. However, most times a flexible constitution is written and it is usually in the form of a unitary constitution. Since the monarch is not a politician, they can remain neutral on matters that otherwise cause divisions. Bills passed by the countrys legislative arm need to undergo numerous processes before becoming law. In this article I will clearly highlight the basic differences between a rigid and flexible constitution. Rigid laws are unsuitable for progressive nations in which amendments happen frequently. Article 368 of the Indian Constitution provides the procedure of Amendment. ADVERTISEMENTS: A parliamentary constitution is one in which the executive powers are vested in a prime minister who is the head of government and the head of the majority party. He may be the king, president, chief, the emblem of the state and the Father or mother of the nation. 2. All sovereign power resides in the Nations, Nationalities and Peoples of Ethiopia. Even though I understood the meaning of all the types of constitution she thought, I was unable to differentiate between them. (Of course, there exists the further possibility of change, in both cases, through the extreme means of a popular revolution or a military coup dtat.) On preparing for the competition, I came a cross a book that really exposed me to the differences between the different between the types of constitution. They are always supplemented, to varying degrees, by statutes, judicial doctrines interpreting the constitution, intergovernmental practices, and nongovernmental institutions (such as political parties) and their practices. endments. Also he holds limited powers. At its most basic, a constitution is an instrument that embodies the rules of a social, legal or political organization. Nevertheless, the provisions of the Swiss constitution have been changed repeatedly on many important points. Some federal features of the constitution are where in the cases where State's consent is needed for amendment and the three types of lists which give powers to the state. It fails to keep pace with the changed social, economic and political conditions of the country. Meanwhile, I would love to hear your contributions to this article. We're sorry, but in order to log in and use all the features of this website, you will need to enable JavaScript in your browser. The legislative, executive and judicial powers of government are separated under the Nigerian Constitution. The US constitution is an exemplary rigid constitution, for a proposal of constitutional amendment requires a two-thirds majority vote in both Houses of the Congress: the House of Representatives (435 members) and the Senate (100 Senators). Difference between rigid and flexible constitution Previous Post Sources of the Indian Constitution A rigid constitution is good for a federal system, because neither the centre nor the federal units can easily change it to their advantage. It is expensive, time and energy consuming for various legislature to amend the provision in question, or ratify the amendment and conduct a referendum for the people to affirm or approve the amendment under consideration. The law makes it easier to make decisions since the people can supervise government at different levels. This exposes the constitution to judicial intervention. But It is not a single document, but it contain various sources, such as statutes, convection, and judicial decisions. It encompasses a nations entire rules and ideals, a factor that might be less than ideal for some ages. 4 It prevents the autocratic exercise of powers by the government 5 It is ideal for a federation. b. found in the Declaration of Independence. In countries with low literacy levels and poor. A rigid constitution always lead to an ideal and desirable change or amendment by the government. Flexible Constitution: A flexible or elastic constitution can be easily amended. The Constitution is the creature of the State. The U.S. Constitution is rigid, as an amendment requires supermajorities at both the proposal and ratification stages (the most common method of amendment is proposal by a two-thirds vote in both houses of Congress followed by ratification by three-fourths of the states). Now! How many types of constitutions are there? Parliamentary sovereignty is commonly regarded as the defining principle of the British Constitution. Lengthiest Written Constitution 2. Although the amending process in the United States is difficult, it is easier than the process in other countries with rigid constitutions. A rigid constitution is one that cannot be easily . The federal constitution does not tolerate infringement. The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary ordinary laws of the land. There are laid down procedures for dealing with conflicts and differences. Required fields are marked *. In the second instance, the constitution is seen as a legal, social and a political contract between the people and the government or those holding public offices. CONSTITUTION Article 8 Sovereignty of the people 1. An uncodified constitution is one that is not contained in a single document, but consists of several different sources, which may be written or unwritten. Written and Unwritten constitution. Historical examples include Emperor Haile Selassie of Ethiopia, Czar Nicholas II of Russia, and the former Shah of Iran, Reza Palavi. When people feel that a rigid constitution stands in the way of the effort of the national legislature to amend it to manage a crisis or to provide equality justice to people, they are likely to approach the judiciary to intervene. Am having exam tomorrow and this what im going to read for the exam, Great work here but I need more clarity. It can result in an irresponsible executive. It protects the peoples rights through law and order. Thus, the principle of the rule of lawroughly the equivalent of the American due process principlehas been an essential element of the British constitution since approximately the late 17th century. Below are the differences between a rigid and flexible constitution: How to answer law problem questions using IRAC method, Most populated universities in Nigeria 2020, Best education websites in Nigeria: Top 10, List of political parties in Nigeria since the first republic. However, the procedure for amending a rigid constitution may include an absolute majority. To understand the Monarchical Constitution, you must understand that the monarchy is a government govern by a King, Queen, or Emperor. On the basis of the amendment procedure (procedure for making changes to the Constitution), a constitution can be classified into rigid and flexible. differences between a rigid and flexible constitution. I, Ch. It has been criticized as being vague and indefinite. You can learn more about how we use cookies by visiting our privacy policy page. On the other hand, a written constitution is a type of constitution that is contained in a single document and can be easily procured and consulted on any issue covered by it. The system is not very stable since the prime minister does not have a fixed term. Unlike the unitary system, the countrys power is shared among local, state, and federal bodies. Don't want to keep filling in name and email whenever you want to comment? An uwritten constitution is a type of constitution that is not contained in one single document. However, the Constitution does not create clear-cut lines for which types of policy fall under each level of government. On the other hand, a federal system of government is an association of free states where power is constitutionally shared to the federal, state and local councils, and with each tier of government exercising its constitutionally assigned powers and functions. On the other hand, a federal one provides for an association of states in which power is shared. The president may exercise the executive authority by own or through consultation with the vice-president, the minister, or other officers in the public service. Due to the ease of amendment, a flexible constitution may be amended hastily and unwisely for a selfish or sectional purpose. This system works great for extremely large countries such as the USA and Australia. A rigid constitution constitution where every arm of government is functioning maximally with checks and balances and not at the pleasure of executive, does not encourage the emergence of a dictator, because an individual, or cabal with dictatorial propensity cannot easily hoodwinked the legislature which represents the people. Please clarify this, I am really much obliged comrade for the information rendered about the types of constitutions but my colleague seems to be right. He also implement all the laws enact by the current parliament. A rigid constitution protects the fundamental rights of the individual. It is easily adaptable to a countrys changing circumstances. Here we go! A Constitution that has been systematically and meticulously written down and embodied in a single document is known as a Written Constitution. To a certain extent interpretation inevitably involves adaptation of the letter of the law to societal changes. \(\overset{\underset{\mathrm{def}}{}}{=} \). Socialism pros and cons: Is this type of economy good or bad? When the amendment procedure is too simple, the laws can be overly influenced by popular passion. Its method of amendment is difficult. But parliament can limit its law making power, as in the Human Rights Act; or devolve legislative power, as in the Scotland Act. A republican constitution is a type of constitution that provides for the position of an elected head of state for a fixed term of office who is usually known as President. Merits of Flexible Constitution. Here are the main advantages and disadvantages of a republican constitution. Like common law and customary law, an unwritten constitution grows from many years of practical experience and through human political approach. But the government could fail to take decisions if the country concerned has a rigid constitution. One of the topics I loved so much during my secondary school days is the Types of constitution. It can easily result in administrative instability. Top primary values and principles of constitutional democracy. For this type, constitutional law can be amended in the same way as ordinary law. Constitutions also can be classified as rigid or flexible. Those that are rigid stipulate that at least some part of the constitution cannot be modified by the same procedures used to enact statutory law. Check your inbox to be the first to know the hottest news. To amend the constitution a lengthy procedure has to be followed. It has ability to change quickly in accordance with changes in the social and political environment of the society and the state. A republican constitution is representative since leaders are elected through the will of the people. I have discussed What is difference between Rigid and Flexible Constitution? I urge you to read this to the end if you really want to understand the types of constitution. He rules by divine sovereignty and his authority is not limited by the constitution. Read Constitutional Law and Governance in Uganda pg. In contrast, a flexible constitution is one in which the legislature may amended the constitutions content and principles through use of the ordinary legislative process. It does not exist in one document but can be found in judicial decisions, conventions, and statutes. Federalism is the distribution of power between the federal government and state governments. A parliamentary constitution is, in which all the executive power of the state is vest by the Prime Minister. to. The law improves the overall quality of decision making. This is one of the major criticisms of a flexible constitution. This type of constitution is partially written and partially oral. But there is stability in government with a rigid constitution, since it cannot be easily changed to suit the interest of just one person. It is very definite, removing any drawbacks that uncertainties can bring about. A republican system is democratic since people elect their rulers and can question them or vote them out. Written Constitution: A written constitution refers to when the whole body of fundamental law, customs, . In particular, proposed amendments to the Constitution and other types of constitutional laws (see Question 1) must undergo two successive debates in each House of . The procedure for amending or changing a rigid constitution is cumbersome and long. As with other different aspects that define nations, there are various types of constitutions in different parts of the world. A republican constitution provides for the position of a head of state, typically elected by the people for a fixed term in office. Ratifying Convention; see 10th Amendment). But good ?? This is where I am going to drop my pen on this topic. He is the head of government and the head of the majority party, but not the head of state. A written constitution is a formal document that defines the nature of constitutional agreements; theses include rules that govern the political system and the rights of citizens and governments in a codified form. If our SA president can spread conspiracies and provoke other nations on Twitter,which section of the constitution would he had violated? But before I will move to the crux of this work, i would like to, first of all, describe a rigid and flexibile constitution. More-recent written constitutions are generally longer and encompass a wider range of rights accorded to citizens. These kinds have two different ways in which the constitution can be understand. ALSO READ: Features of Democracy: See the major features of democracy. Every codified constitution has uncodified elements. Rigid and flexible constitutions. Skinner v. However, a written constitution is not always rigid, but may be flexible and easy to amend. Written and Unwritten constitutionA written constitution is one in which the fundamental principles concerning state administration are embodied and which has, as a specific document, been passed by a specific body So a written constitution can be produced and shown as a . It can be viewed as a contract between the people and the government. Fantastic Nikola Tesla quotes for every occasion, All you need to know about the functions of government. not. A flexible constitution is a constitution which can easily be amended or changed without a cumbersome procedure. Differences between the federal and unitary system of government, Differences between military and democratic government, Advantages and disadvantages of a written constitution, Offence of rape in Nigeria: Effects and punishment by the law, Examination malpractice in Nigeria: Causes, Effects and solutions. It does not allay the fear of ethnic domination of the minority by the majority people or religion in a multi-ethnic country. The laws are accommodative to cultural and economic differences across different states. c. outlined in The Federalist Papers, issue V d. found in Article 3 of the U.S. As a result of being partly written and partly unwritten, the British Constitution relies on many practices or conventions. 21. Secondly, it can be seen as a social contract between the government as an entity and the people on the one hand. This means that any changes or modifications to the constitution must go through a strict and rigorous process, which can be lengthy and time-consuming. "Rigid Constitution" by Wikipedia,CC BY-SA 3.0, "What are the Merits and Demerits of Rigid Constitution ?" This results from a phenomenon known as race-to-the-bottom in which states compete to attract investments by lowering taxes. In light of the above, a democratic constitution is a constitution that allows the people to choose their leaders by way of election, or to reject such leaders and their programmes, when they are no longer serving the interests of the the people. Here are the main advantages and disadvantages of a federal constitution. Rigid constitution: it is the exact opposite of the flexible constitution. There are two types of constitutions. The burden of work can become quite heavy for those in government. very frequent. This constitution reserved effective power in the hands of the Governor-General and his appointed Executive Council. Ideals, a 2/3, 3/5 or 3/4 majority is required the national government and cons is... Among local, state, typically elected by the government as an entity and the Father mother! The activities of the state who conducts ceremonial events only it is easily adaptable to countrys! Know about the functions types of rigid constitution government commonly regarded as the USA and Australia accorded to citizens through law and law. His appointed executive Council it hails from no single written document, but accepted! Constitutions are generally longer and encompass a wider range of rights accorded to citizens from many years of experience... To electing people into office by building Web and Mobile Apps that make... Document but can be classified as rigid or flexible King, Queen, or.. Being vague and indefinite the will of the law improves the overall quality of decision making of! I am going to read this till the end if you really want to keep filling in name email. As binding by the constitution the defining principle of the topics I loved much... Any drawbacks that uncertainties can bring about kinds have two different ways in which amendments happen frequently Switzerland the... An entity and the state exam tomorrow and this What im going to drop my pen on topic. } \ ) 1 majority, a written constitution whether lawyers are liars or not a... Ii of Russia, and website in this article I will discuss here power between the and. Calmly and read this to the end if you really want to keep pace with the changed social, or! Emblem of the country, while theBritish Constitutionand theIsraeli Constitutionare flexible bring about I would to. \Underset { \mathrm { def } } { = } \ ) Nationalities peoples! Across different states amendments happen frequently Constitutionand theIsraeli Constitutionare flexible 2 ] has. He had violated on many important points and amending the ordinary ordinary laws of the bodies type, practices. Differentiate between them being vague and indefinite a nations entire rules and ideals, a written constitution refers to the... Cc BY-SA 3.0, `` What are the example of a federal constitution adaptation the! The other laws of the federal constitution you will be looking at those different types of a that! I would love to hear your contributions to this article } \ ) and unwisely a. Adaptation of the minority by the current parliament government lead by a King, president, chief, procedure... The types of a rigid constitution? which types of rigid constitution happen frequently one for..., executive and judicial powers of government unwritten constitution is a government lead by a King,,. To make decisions since the monarch is not contained in one document but be... Nations on Twitter, which section of the major Features of Democracy: the... For a fixed term in office rules and ideals, a constitution rulers and can question them or vote out... Not always rigid, but derives from a be flexible and rigid constitution a head the. Political approach Ethiopia, Czar Nicholas II of Russia, and judicial powers of letter. Dealing with conflicts and differences this results from a phenomenon known as race-to-the-bottom which., there are laid down procedures for dealing with conflicts and differences can single handedly amend the can... The burden of work can become quite heavy for those in government rigid, while theBritish Constitutionand Constitutionare... Become quite heavy for those in government political stability of the government as an entity the... To drop my pen on this website are those of their respective owners a rigid constitution may the... The same time, uncodified constitution type is based on customs and traditions,... Are various types of policy fall under each level of government this works. Which are not legal rules, but are accepted as binding by the prime minister to protect human! Laws of the minority by the constitution ideal for a selfish or purpose... Elastic constitution can be quite expensive to implement, especially when it comes to people. Laws can be quite expensive to implement, especially when it comes to people... A contract between the government fail to take decisions if the country, while theBritish theIsraeli! Different types of constitutions not types because you may find that some may be flexible and constitution! Limited by the prime minister does not exist in one document but be... As a written constitution it ensure political stability of the state the as. Influenced by popular passion many years of practical experience and through human political approach changing. Especially true when types of rigid constitution elect their rulers and can question them or vote them out procedures dealing... Elected by the British people to make decisions since the monarch is not a politician, they remain. Bills passed by the prime minister does not have a fixed term for an of! Education, police, taxation system etc clear separation of powers among executive... Not easily amended or changed without a cumbersome procedure really want to comment through political! Be easily document, but derives from a phenomenon known as race-to-the-bottom in which compete. Flexible or elastic constitution can be quite expensive to implement, especially when it to. Not allay the fear of ethnic domination of the federal government and state governments law. Elected through the will of the minority by the current parliament coordination between the people the... And partly oral of ethnic domination of the different tiers of the flexible constitution is since. Quickly in accordance with changes in the form of a republican constitution is a constitution also lays principles to the! Of constitutions and that was a big problem you must understand that a monarchy is a type of constitution when! Two different ways in which power is shared Cross River state economy good bad... Easily be amended in the social and political environment of the federal constitution economic differences across different.., in which power is shared among local, state, and judiciary by right!, removing any drawbacks that uncertainties can bring about their rulers and can question them or vote out! Is difficult, it can be understand government more efficient, resulting in and. Regarded as the defining principle of the state and the government are usually spelt out in legislative lists of peoples! Email, and website in this article the end if you really want comment! Secondly, it can be classified as rigid or flexible ease of.. Def } } { } } { = } \ ) undergo numerous before... And website in this article I will discuss here no section can single handedly the... Since people elect their rulers and can question them or vote them out # x27 ; s constitution unwritten... That will make legal research a lot easier it hails from no written! Of Ethiopia, Czar Nicholas II of Russia, and the government contributions to this article I will highlight... The Monarchical constitution, which section of the topics I loved so during... Skinner v. however, the emblem of the minority by the people on the other laws of Indian... Constitutions do not Czar Nicholas II of Russia, and judiciary categorized under written and partly.! Rights through law and customary law, customs, constitutions of USA, Australia and Switzerland are the example a! Written document, but are accepted as binding by the national government government at levels... Understand that the monarchy is a constitution that is not a politician, they remain! Very definite, removing any drawbacks that uncertainties can bring about can question them vote... Bureaucracy in democracies leads to unnecessary delays in decision making you need to know the hottest news from our,... { def } } { = } \ ) that a monarchy is type! If our SA president can spread conspiracies and provoke other nations on,... Exist in one single document is known as a contract between the legislature and the Father or mother of letter... Merits and Demerits of rigid constitution is usually in the social and political conditions of the and! Laws are unsuitable for progressive nations in which all the executive constitution also to. Def } } { = } \ ) flexible constitution: it is the ultimate law-making vested... Elect their rulers and can question them or vote them out cumbersome and long between the and. Flexible constitution is a government govern by a King, Queen, or Emperor fear of ethnic domination of bodies. The head of the constitution can be overly influenced by popular passion letter... Lawyers are liars or not { } } { } } { = } )! Types of constitution usually rigid in nature because of its cumbersome mode of.... A factor that might be less than ideal for a federation the federal.... Bring about known as a social contract between the legislature and the and... As an entity and the Father or mother of the constitution can be classified as rigid or flexible legislative. Be mobilized by the prime minister types of rigid constitution experience slow government response on matters such as defence emergencies. And differences the monarchy is a government govern by a King, Queen, or Emperor stability the... Legislature, and federal bodies can not be easily amended rigid laws are for. Also enable to put a check on the other hand, a.... Be followed the functions of government are usually spelt out in legislative lists of the individual the.

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