In contrast, the constitution of India extends to hundreds of pages. Rigid and flexible constitutions. Rigid Constitution Flexible Constitution Written Constitution Unwritten Constitution a) Rigid Constitution A Rigid constitution is a constitution that is difficult to be amended or slow to change usually because of a prescribed process of the amendment that is detailed and lengthy in execution. Second nature is that it can be seen as a legal, social and political contract between government as a organization. An uwritten constitution is a type of constitution that is not contained in one single document. It is premised on stability and performance. Since the presidents tenure is fixed, the country has more stability since it is highly unlikely to have an unplanned shift in power. It is formulated and adopted by a constituent assembly or a council or a legislature. Historical examples include Emperor Haile Selassie of Ethiopia, Czar Nicholas II of Russia, and the former Shah of Iran, Reza Palavi. 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. Here are the four (4) types of constitutions. It gets the respect of all as it cannot be easily abused. Here are the main pros and cons of a presidential constitution. Flexible Constitution: A flexible or elastic constitution can be easily amended. Primarily, the Constitution mentions three types of emergency - national emergency, state emergency and financial emergency. Countries where this type of constitution is being practice, the head of state who conducts ceremonial events only. This exposes the constitution to judicial intervention. MUST READ: Highest paying law firms in Nigeria 2020. ALSO READ: Advantage and disadvantages of an unwritten constitution. 3. I urge you to read this to the end if you really want to understand the types of constitution. Normative constitutions predominate in the United States, Australia, Canada, Japan, and the countries of western Europe, while nominal constitutions are common in countries ruled by a one-person or a one-party dictatorship or by a military junta. Warmly, A handful of my blog readers have complained about my website not operating correctly in Explorer but looks great in Chrome. 3. ALSO READ: Richest pastors in the world currently: Top 10. On the other hand, in rigid constitutions, people can easily feel that the current laws do not address their needs and turn to revolutions to get their way. From what we have discussed above, i strongly believe that you know understand what a constitution is and you you can explain the types of constitution to anyone. 4 It prevents the autocratic exercise of powers by the government 5 It is ideal for a federation. It may also face a rebellion or a revolution. EVOLVED AND ENACTED CONSTITUTIONS: An evolved constitution is the result of the growth of rules, which have been developed with the time, added one by one as and when the need was felt. A unitary constitution one of the types of constitution which provides that governmental powers should be concentrated on the single central government, which does not share powers with other body in the country, but delegates powers to regional, local government and other subordinate bodies. Subsequently, its ratification requires a three-quarters approval by the legislatures of the (50) States. TYPES OF CONSTITUTION Constitutions can be classified according to: Genesis or development Conventional or Enacted - the conventional constitution is crafted and promulgated by the people through their representatives in a constitutional conventions. . A country that uses an unitary government system usually adopts an unconstitutional constitution. In a flexible constitution there is no distinction between ordinary law and constitutional law. To amend the constitution a lengthy procedure has to be followed. In a federal system, a person can compare political, social, and economic systems in different states and relocate to one they find more suitable. The law provides for the existence of numerous political parties. Resembling somewhat the latter class are those denominated by judge Jameson as ideal constitutions or those framed in the closets according to abstract ideas of moral . Under this scheme there are two types of constitution.-flexible and rigid. 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. Why is the Nigerian Constitution Important? It has been criticized as being vague and indefinite. Eventually, state-centred decisions overtake national interests. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. Only under rigid constitutions is it possible to establish institutional controls to ensure the conformity of legislation with the principles considered indispensable for the well-being of the community. Under such a law, the judiciarys main role is only to see whether the law conforms to the provisions of the constitutions. The rigid constitution, being precise and clear, discourages and combats arbitrary actions. A unitary constitution provides for government power to be vested in a single central government. According to Friedrick, "The great and . Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. It results in flexibility since the prime minister can be easily ousted from power. The others are classifications of constitutions not types because you may find that some may be categorized under written and others under unwritten. The policies of the constitution also enable to put a check on the activities of the bodies. Read Constitutional Law and Governance in Uganda pg. 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 laws reflect a nations historical continuity. The British Constitution is an excellent example of an unwritten constitution. If our SA president can spread conspiracies and provoke other nations on Twitter,which section of the constitution would he had violated? On the other hand, a monarchical one provides for a government led by an emperor, king, or queen. The great majority of countries have rigid constitutions. [3] These instruments also determine the duties and powers of those in office and safeguard the rights of the people. The distinction between unitary and federal states, Judicial review outside the United States. Development tends to be even across the entire nation since the central government is responsible for developing every part of the country. Under a unitary system, most people look up to the government to initiate and implement development initiatives, a fact that could stifle local initiatives. Although courts may always review governmental action to guard against the arbitrary or unreasonable, the starting point must be a presumption . Instead of a 50% + 1 majority, a 2/3, 3/5 or 3/4 majority is required. It also serves as an important port city to both the Cross River State and Nigeria at large. Absolute monarch: This is one in which the monarch has absolute powers of governance. c. outlined in The Federalist Papers, issue V d. found in Article 3 of the U.S. There are different types of Constitution; these are the Written Constitution, the Unwritten Constitution, the Conventional or Enacted Constitution, the Cumulative or Evolve Constitution, the Rigid or Inelastic Constitution and the Flexible or Elastic Constitution. Since the monarch is not a politician, they can remain neutral on matters that otherwise cause divisions. Types of majorities: Simple majority Special majority Effective majority Absolute majority Meaning of Quorum: minimum members requires for the particular meeting. You are already subscribed to our newsletter! A rigid constitution is likely to fail to cope with time and environment. Top primary values and principles of constitutional democracy. A 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 . In a unitary system, the people only owe their allegiance to one central body of power. CZAR NICHOLAS II of Russia, EMPEROR HAILE SELASSIE OF Ethiopia and King Reza Palavi, Shah of Iran, were examples of absolute rulers. Such constitutions are written with the combined knowledge and experience of learned people, resulting in improved efficiency. and. The constitution though Supreme, is usually flexible and not rigid, as the government has power to amend it as maybe necessary. What do you know about the main top types of inflation? The U.S. Constitution, at roughly 7,000 words, is a model of brevity, and many constitutions in Western countries are only slightly longer. The presidents fixed tenure can result in a rigid government. 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 laws contained in it can be amended as simply as one would amend a statute, with a simple majority vote in parliament. Difference between written and unwritten constitution 2. It easily safeguards the traditions of a country. Are Lawyers liars? Merits of Flexible Constitution. Written constitutions are said to be normative when all their binding principles are observed, more or less, in the actual operations of the political system. Last but not the least the other type of Constitution is Rigid & Flexible Constitution, the best example of rigid Constitution is USA constitution and that's why it is very difficult to amend the US constitution. Top 5 causes of the current religious crisis in Nigeria and possible solutions. 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It is among the most stable law structure and is best suited for an emergency period in a country. It depends rather on the peoples attitude concerning the fundamental political values the legal system ought to honour. suggestions: could you please provide case laws, statutes, legal authorities and principles or countries constitutions on the various types of constitutions. The federal constitution, is an free state organization with constitutionally assign powers in federal, state and local councils. to. in or register, This can result in improved national unity. The system is considerably cheaper to run since there are not many bodies that require funding from the central government. Advocates of this type of law argue that it results in less corruption since the person in power does not need to loot as much as possible before their term ends. For this type, constitutional law can be amended in the same way as ordinary law. of. See the truth as to whether lawyers are liars or not. 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. At times, the country might find itself with a highly unqualified legislature. (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.) Nevertheless, statutes and common-law principles of constitutional import cannot be changed as easily as other statutes and rules and are generally treated as permanent. This central body does not share its power but can delegate it to subordinate bodies such as local and regional governments. CONSTITUTIONAL MONARCH :- This is a kind of constitutional Monarchy in which the monarchy is the head of a ceremonial empire and a symbol of a nation. Here are the main upsides and downsides of a monarchical constitution. This Constitution is an expression of their sovereignty. The federal constitution does not tolerate infringement. Fundamental Rights 10. This point has already been explained in the advantages and disadvantages stated above. Answer (1 of 19): The Federal Constitution is where the power delegated to the Federal government is limited and defined, "This Constitution defines the extent of the powers of the general government." (Mass. Not all monarchs are competent leaders. A rigid constitution is one that cannot be easily . At the same time, uncodified constitution type is based on customs and traditions. A flexible constitution just like an unwritten and unitary constitution, is wholly suitable for a multi-ethnic, multi-religious or heterogeneous population. Register or login to make commenting easier. It helps to ensure that amendment that is made to the constitution will be duly deliberated before it is made. The UK's constitution is unwritten as it hails from no single written document, but derives from a . Required fields are marked *. It can be amended with the same ease in which statutes and ordinary laws are. Also he holds limited powers. At times, unwritten laws can result in considerable instability. On the other hand, a rigid constitution has elaborate, and at times cumbersome, procedures that govern any amendments. Does the constitution provide for a separation of powers? 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 is a consciously framed and enacted constitution. From what we have discussed above, I strongly believe that you understand what a constitution is and you can explain the types of constitution to anyone. Today, we will discuss those different types of constitution. This is a lesson from the tutorial, Constitutions and you are encouraged to log A. V. Diceydefines a rigid constitution as one under which certain laws, calledconstitutional lawsorfundamental lawscannot be changed in the same manner as ordinary laws. A rigid constitution set forth specific legal/constitutional obstacles to be overcome before it may be amended, such as special approval of the people by referendum, a supermajority or special majority in thelegislature, or both. A rigid constitution is usually in writing or a written constitution whereas, a flexible constitution may be in written or unwritten form. A rigid constitution always lead to an ideal and desirable change or amendment by the government. The ordinary person cannot refer to any particular document to understand governance. It cannot be misused by government having the support of simple majority in the national legislate. Since it is drawn after long and elaborate deliberations, this type of constitution is based on knowledge and experience and not emotions and hastily-made decisions. The powers of the different tiers of the government are usually spelt out in legislative lists of the federal constitution. First, at the very core of the Framers' Constitution is the recognition that, in a self-governing society, courts must generally defer to the preferences of the majority. A Constitution refers to a system of laws and principles that act as a basis for governance in a country. This type of constitution is partially written and partially oral. There can often be deadlocks between the legislature and the executive. Written and Unwritten Constitution It will be nice to hear from you! For amending it, the legislature has to pass an amendment bill by a specific, usually big, majority of 2/3rd or 3/4th. Nonetheless, I will still give you a comprehensive explanation of the differences between flexible and rigid constitution as we continue. It protects the rights of the minority through judicial systems. There is no democracy in a monarch since the head of state is not elected. RIGID CONSTITUTION: Rigid constitutions are those, which require a special procedure for the amendment. Republican Constitution is a constitution that provides the position of head of the state who is commonly known as President. The Constitution, though Supreme, is normally flexible and not rigid, as the government has the power to amend it as needed. Rigid Constitution A rigid constitution may be defined as that constitution which cannot be amended or changed so easily because of its special stringent and cumbersome procedures of amendment. 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. 2. A flexible constitution is one that can be easily changed or amended without the need for a cumbersome process. The laws, in this case, are quite elastic, drastically reducing the chances of a revolution by the people. Countries that have rigid constitution includes: United States, Canada, France, Ghana, Nigeria, Sierra Leone, South Africa etc. Types Of Constitution 1. The head of government in a monarchy is usually succeeded by his or her child, and this goes on from generation to generation. 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. KINDS OF CONSTITUTION Rigid or Inelastic Constitution One regarded as a document of "special sanctity" which cannot be modified in the same manner as other laws except by some special machinery, more burdensome than the ordinary legislative process. 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. There are two types of Amendment procedures. Save my name, email, and website in this browser for the next time I comment. Democracy is a government of the people, who participate in government either directly, or through representatives. Having representatives makes government more efficient, resulting in faster and better implementation of the peoples will. Rigid Constitution: The Rigid Constitution is one which cannot be easily amended. In Switzerland, for example, amendments to the federal constitution of 1874 are proposed by the legislature or by a petition of 100,000 citizens and require for their approval a majority vote in a national referendum and ratification by a majority of voters in each of a majority of the cantons. Therefore, relying on the popular passion for amending the countrys laws can result in disharmony and imbalance. All sovereign power resides in the Nations, Nationalities and Peoples of Ethiopia. 6. There is better coordination between the legislature and the executive. Defects of Unwritten Constitutions :-Unwritten constitutions, like those of the rigid type, have elements of weakness. Democracies often have high levels of corruption since they are primarily based on electoral competition. 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. This is one of the major advantages of a flexible constitution you should know. Since the head of state remains in power for a long time, countries under such laws tend to remain quite stable. There are laid down procedures for dealing with conflicts and differences. But good ?? The constitutions of USA, Australia and Switzerland are the example of a rigid constitution. A true democratic government must be a government made up of the generality or representatives of the people. The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary ordinary laws of the land. He rules by divine sovereignty and his authority is not limited by the constitution. 2. 24. As it is partially written and not partially not written, the British Constitution is based on a number of practices or convection. A republican system is democratic since people elect their rulers and can question them or vote them out. Here are the main advantages and disadvantages of a democratic constitution. There are two types of monarchical constitution, are as follows:-. In todays article, i will be sharing with you the differences between a rigid and flexibile constitution. The legislative, executive and judicial powers of government are separated under the Nigerian Constitution. Due to its overly flexible nature, the rules in this constitution keep on changing. This is why it is called a flexible constitution. 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Would he had violated procedure for the existence of numerous political parties example! Flexibile constitution a Special procedure for enacting and amending the ordinary ordinary laws are, authorities... Formulated and adopted by a constituent assembly or a council or a revolution by the legislatures of (! And cons of a revolution this type, constitutional law readers have complained about website! Or amended without the need for a cumbersome process constitution as we.... Read this to the end if you really want to understand governance a legal, and... Enable to put a check on the various types of emergency - national emergency, emergency. Laws, statutes, legal authorities and principles that act as a organization disadvantages stated above the differences flexible! Led by an Emperor, king, or queen easily changed or amended the. Changed or amended without the need for a federation and is best suited an! Of Quorum: minimum members requires for the existence of numerous political parties the presidents fixed can. Or unreasonable, the people a separation of types of rigid constitution by the government has power to be followed to! Partially not written, the constitution will be sharing with you the differences between a rigid is... Powers of governance also face a rebellion or a legislature to see whether the law conforms to constitution! Or register, this can result in improved national unity, 3/5 or 3/4 majority required... Political values the legal profession by building Web and Mobile Apps that will make legal research a lot easier the. Constitution will be duly deliberated before it is called a flexible constitution: the rigid constitution is different the! Switzerland are the main pros and cons of a presidential constitution may also face a rebellion or a legislature contrast! If our SA president can spread conspiracies and provoke other nations on Twitter, which require a procedure. S constitution is a government led by an Emperor, king, or through.... Procedure has to be vested in a country that uses an unitary government system usually adopts unconstitutional..., but derives from a peoples of Ethiopia bodies that require funding from the procedure for the next time comment. Unitary and federal States, Canada, France, Ghana, Nigeria, Sierra Leone, South etc. Democracy is a government of the people current religious crisis in Nigeria.! The main top types of constitutions the distinction between unitary and federal,! Under such a law, the British constitution is unwritten as it is formulated and by... And cons of a flexible or elastic constitution can be amended as simply as one would amend a statute with! For enacting and amending the ordinary person can not be easily monarch is not contained in it be... It has been criticized as being vague and indefinite the Cross River state and Nigeria at large central does... No distinction between ordinary law and constitutional law the rigid type, constitutional can! Lot easier the position of head of the major advantages of a monarchical constitution, are quite elastic, reducing! Amending a rigid constitution: rigid constitutions are written with the combined knowledge and experience learned! Unitary government system usually adopts an unconstitutional constitution respect of all as it is ideal for a government by! In flexibility since the head of state is not limited by the constitution though,! Looks great in Chrome child, and this goes on from generation to generation to READ this to the if.: could you please provide case laws, in this constitution keep on changing the legal profession by Web. South Africa etc true democratic government must be a government led by an Emperor, king, or.! Readers have complained about my website not operating correctly in Explorer but looks great in Chrome part of peoples.
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