Am having exam tomorrow and this what im going to read for the exam, Great work here but I need more clarity. 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. What do you know about the main top types of inflation? Constitutions worldwide are categorized into different types on the basis of their physical form and the procedure laid down to make changes in them. 41 regulatory bodies in Nigeria and their functions. Method 1: Congress Proposes an Amendment. The constitution of 1946 was passew when the Westminster Style Parliamentary Constitution was enacted in the country. The laws are accommodative to cultural and economic differences across different states. A good example of a country with a written constitution is the United States. Today, we will discuss those different types of constitution. The constitution can be quite expensive to implement, especially when it comes to electing people into office. The presidents fixed tenure can result in a rigid government. What is a written constitution? Rigid constitution: it is the exact opposite of the flexible constitution. The system can result in significant economic disparities across states. It protects the rights of individuals since those in power cannot easily change them. Evolved and enacted constitutions. 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. Save my name, email, and website in this browser for the next time I comment. Merely organizational constitutionsdocuments containing no guarantees of rights or prescriptions of goalsare now rare. There is better coordination between the legislature and the executive. Also read: what is rule of law in constitution. Types of majorities: Simple majority Special majority Effective majority Absolute majority Meaning of Quorum: minimum members requires for the particular meeting. Rigid constitutions are those, which require a special procedure for the amendment. by Arvind Kumar, Preserve Articles. In his classic work on the difficulties of the amendment process, Donald Lutz ranked the U.S. Constitution as the most rigid one, and the Japanese Constitution as tenth . This makes it easier to adapt the laws to the peoples or countrys changing needs. It is quite difficult to amend, making it too rigid. The British constitution includes, for example, the Bill of Rights (1689), the Act of Settlement (1701), the Parliament Act of 1911, the successive Representation of the People Acts (which extended suffrage), the statutes dealing with the structure of the courts, and various local government acts. Bills passed by the countrys legislative arm need to undergo numerous processes before becoming law. and. A flexible constitution by its nature does not protect the interest of minority, disadvantaged or despised people. Do you ever run into any web browser compatibility issues? 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. On the other hand, a parliamentary constitution is a type of constitution where all the executive powers of the government are vested in a Prime Minister, who is the head of government and the head of the majority party, but is not the head of state. A country operating a unitary system of government usually adopts a unitary constitution. He may be the king, president, chief, the emblem of the state and the Father or mother of the nation. A flexible constitution just like an unwritten and unitary constitution, is wholly suitable for a multi-ethnic, multi-religious or heterogeneous population. Whereas, there may not be an ideal or desirable change of the constitution by the government in a flexible constitution. Continue With the Mobile App | Available on Google Play. It protects the rights of the minority through judicial systems. 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. The first nature or way of viewing the constitution is as an expression of the will or desire of the people. Development tends to be even across the entire nation since the central government is responsible for developing every part of the country. While India is a blend of rigid and flexible constitution. Kindly take note of this. Rigid laws are unsuitable for progressive nations in which amendments happen frequently. A rigid constitution brings about a stable government whereas, there is no stability in a flexible constitution. A rigid constitution is usually a written constitution, spelling out the powers and duties of the arms of government and the rights and duties of the constituent parts of the country and the individuals. Save my name, email, and website in this browser for the next time I comment. It can be viewed as a contract between the people and the government. 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. 6. 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. 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. As a result of being partly written and partly unwritten, the British Constitution relies on many practices or conventions. In addition to parliamentary majority, some . An unwritten constitution is a type of constitution does not contain a single document. A rigid constitution is one that cannot be easily . To date, none seems overly superior to the other, as proven by the existence of the different types in various countries worldwide. As the procedure of amendment of a rigid constitution is very difficult, it causes problems for the country. 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. All sovereign power resides in the Nations, Nationalities and Peoples of Ethiopia. At times, amendments are extremely necessary. As a result, the legislature cannot blame the executive for the non-implementation of the nations policies. This type of constitution is unsuitable for tiny countries. There are two types of constitutions. Flexible Constitution: A flexible or elastic constitution can be easily amended. A republican constitution is representative since leaders are elected through the will of the people. Constitutions are widely classified into two categories, firstly written and unwritten ; and secondly, rigid and flexible. 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. If you know a friend or anyone close to you who doesnt know these differences yet, dont hesitate to share this article with him or her. In countries where this type of constitution is practiced, the head of state who exercises only ceremonial functions may be a monarch, or a president, who is the figure head, symbol of the state and the Father or mother of the nation as the case may be. In contrast, the constitution of India extends to hundreds of pages. 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 site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 2. MUST READ: Highest paying law firms in Nigeria 2020. Having representatives makes government more efficient, resulting in faster and better implementation of the peoples will. 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. A flexible constitution is a dangerous and fearful foundation to build a country that has a diverse population. Subsequently, its ratification requires a three-quarters approval by the legislatures of the (50) States. It is unlike a rigid constitution. All names, acronyms, logos and trademarks displayed on this website are those of their respective owners. In the first instance, the constitution is seen as, first and foremost, and expression of the will of the people of the country. It can easily result in administrative instability. ALSO READ: How to become a successful lawyer: 7 Important Qualities. The need for amendment may be very urgent for country, but the attempt to amend a rigid constitution may fail. Register or login to make commenting easier. 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. The legislative, executive and judicial powers of government are separated under the Nigerian Constitution. This type of constitution is partially written and partly oral. Such procedures often involve a two-thirds vote in parliament, popular vote by the people or ratification through a referendum. Great Britain is the solitary example of such a type of. Under a unitary system, most people look up to the government to initiate and implement development initiatives, a fact that could stifle local initiatives. This is one of the major criticisms of a flexible constitution. Although amendment can be possible when is seems necessary. A flexible constitution may be an unwritten constitution, such as, the constitution of Britain and New Zealand. A flexible constitution is a constitution which can easily be amended or changed without a cumbersome procedure. Constitution is believed to be two types written and unwritten, then these two have various classification such as Rigid, Flexible etc but here you listed them as types of constitution. 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. ADVERTISEMENTS: A rigid constitution always lead to an ideal and desirable change or amendment by the government. This is where I am going to drop my pen on this topic. A constitution also lays principles to protect the human rights of its citizens. [3] what are the differences between rigid and flexible Constitution. On the occasion of the Stephen Ellis Annual Lecture by Prof. Muna Ndulo on Ethnicity, diversity, inclusivity and constitution making in Africa (17 November) the Library, Documentation and Information Department of the African Studies Centre Leiden has compiled a web dossier on African constitutions. Although the amending process in the United States is difficult, it is easier than the process in other countries with rigid constitutions. differences between a rigid and flexible constitution. ALSO READ: Features of Democracy: See the major features of democracy. The judiciary. Since a flexible constitution is very easy to amend, the constitution actually allows quick action to be taken in the interest of the nation in time of emergency. The downside is that popular passion is influenced by emotion, not reason. Following ar the types of constitutions: Written and unwritten constitutions; Rigid and flexible constitutions . thanks very much for the above submissions on constitution. You can learn more about how we use cookies by visiting our privacy policy page. Required fields are marked *. What types of constitutions exist and what defines them? Put in a different way, in a unitary constitution, all government powers are concentrated in the central or national government as the only source of authority from which powers emanates. A country that uses an unitary government system usually adopts an unconstitutional constitution. It is not a substitute for professional advice or help and should not be relied on to make decisions of any kind. An unwritten constitution is not contained in a single document and can exist partly in word and partly in writing. 2. The people can experience slow government response on matters such as defence and emergencies. Typically, constitutions contain the basic laws and principles of nations, social groups, or states. (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.) 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. The United Kingdom's constitution is flexible, because any of its . This article is licensed under a CC BY-NC-SA 4.0 license. It also serves as an important port city to both the Cross River State and Nigeria at large. The process of amending a rigid constitution is different from the process of enacting and amending the common laws of the land. Notify me of follow-up comments by email. This happens because all resources have to be mobilized by the national government. This is the ultimate law-making power vested in the UK parliament to create or abolish any law. Areas neglected for political reasons can be left out of development agendas. The others are classifications of constitutions not types because you may find that some may be categorized under written and others under unwritten. Therefore, relying on the popular passion for amending the countrys laws can result in disharmony and imbalance. We may share your site usage data with our social media, advertising, and analytics partners for these reasons. It helps to ensure that amendment that is made to the constitution will be duly deliberated before it is made. Written Constitution: . Primarily, the Constitution mentions three types of emergency - national emergency, state emergency and financial emergency. With what I have discussed so far, I am sure you have been able to pick points some of the differences between a rigid and flexible construction already. Drawn from Various Sources 3. MUST READ: Are Lawyers liars? In this type, the constitution may be written or mainly based on agreements. Difference between rigid and flexible constitution Previous Post Sources of the Indian Constitution Royal families in monarchs lead very expensive lifestyles that could burden the citizens. This type of constitution may be amended just like any statute, with a simple majority of vote of the members of the parliament. It is free from the perils of temporary popular passion. A rigid constitution does not easily meet the dynamic social, economic and political needs and development of people especially where it does not have an active, visionary and progressive judiciary that will liberally interpret the constitution to accommodate and meet the constantly changing needs of the country and its people. Check your inbox to be the first to know the hottest news. The bureaucracy in democracies leads to unnecessary delays in decision making. Meanwhile, I would love to hear your contributions to this article. But good ?? 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. For this type, constitutional law can be amended in the same way as ordinary law. To understand the meaning and types of constitution, it is pertinent to know that there basically two different natures of the constitution. A flexible constitution is one that can be easily changed or amended without the need for a cumbersome process. See the truth as to whether lawyers are liars or not. To amend the constitution a lengthy procedure has to be followed. At its most basic, a constitution is an instrument that embodies the rules of a social, legal or political organization. Due to the ease of amendment, a flexible constitution may be amended hastily and unwisely for a selfish or sectional purpose. 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. in or register, The law improves the overall quality of decision making. Republican Constitution is a constitution that provides the position of head of the state who is commonly known as President. 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. Following from the above, It is important to note that, even though there is a generally accepted definition of a constitution, there are different types of constitution. In contrast, the federal constitution provides different structure of government in national, state and local councils. Flexible and Rigid Constitution. One common way to amend the constitution is to increase the threshold of consent within parliament compared to ordinary legislature. The rigid constitution contributes to political stability. These kinds have two different ways in which the constitution can be understand. The codified constitution is a set of laws created at a specific period of time. At the same time, uncodified constitution type is based on customs and traditions. When the amendment procedure is too simple, the laws can be overly influenced by popular passion. The laws reflect a nations historical continuity. 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. A republican system is democratic since people elect their rulers and can question them or vote them out. This system works great for extremely large countries such as the USA and Australia. The federal constitution does not tolerate infringement. It is formulated and adopted by a constituent assembly or a council or a legislature. 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. It is premised on stability and performance. Differences between a federal and unitary system of government, Why indirect rule was adopted in Africa during colonization, Characteristics of military rule in Nigeria. DISCLAIMER: This article is intended for general informational purposes only and does not address individual circumstances. Subscribe my Channel: https://www.youtube.com/channel/UCqKvfWhZpdrCA1C51RShQnA . More-recent written constitutions are generally longer and encompass a wider range of rights accorded to citizens. In todays article, i will be sharing with you the differences between a rigid and flexibile constitution. A flexible construction does not ensure political stability as a ruler, cabal or majority can amend the constitution to favour its interest. 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. Eventually, state-centred decisions overtake national interests. The monarchical constitution is actually a monarchy where the king succeed to his child or other heir from generations to generation or from one ruling house to another. But before I will move to the crux of this work, i would like to, first of all, describe a rigid and flexibile constitution. A flexible constitution is, which can be easily amend or change without a complicate process. 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. 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 . It is important to note that most times, the prime ministers in the cabinet are all members of the same party or coalition equals. The future head of state is usually well prepared since they are prepared from birth. A written constitution is rigid and hence will be more stabie 5. will. This provision often results in highly contested elections, a potential trigger for violence and rebellion. A Constitution that has been systematically and meticulously written down and embodied in a single document is known as a Written Constitution. This central body does not share its power but can delegate it to subordinate bodies such as local and regional governments. Here are the main ups and downs of a rigid constitution. Written and unwritten constitutions. 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. Required fields are marked *. However, most times a flexible constitution is written and it is usually in the form of a unitary constitution. Defects of Unwritten Constitutions :-Unwritten constitutions, like those of the rigid type, have elements of weakness. 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 . That is, a government with a heterogeneous population. CZAR NICHOLAS II of Russia, EMPEROR HAILE SELASSIE OF Ethiopia and King Reza Palavi, Shah of Iran, were examples of absolute rulers. Supremacy of Constitution: The central and state governments must obey the constitution. Your browser seems to have Javascript disabled. 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