Development tends to be even across the entire nation since the central government is responsible for developing every part of the country. 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). Conventionally, a democratic government should reflect the peoples generality and must be created and installed by the people. 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 president may exercise the executive powers of government either directly by himself or through the vice president, minister or other officers in the public service of the country. Evolved and enacted constitutions. what are the differences between rigid and flexible Constitution. It is always recommended to visit an institution's official website for more information. The Constitution of Nigeria is the written supreme law of the Federal Republic of Nigeria. There are no elections costs in monarchs. Due to the ease of amendment, a flexible constitution may be amended hastily and unwisely for a selfish or sectional purpose. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); What are the different types of Constitution, on What are the different types of Constitution. A presidential constitution is, in which all administrative powers are vest by the president of the country. He rules by divine right and his powers were not limited by the constitution if any. Thus, the commerce and due process clauses of the U.S. Constitution do not have the same legal implications today as they did in the 19th century. A rigid constitution is usually in writing or a written constitution whereas, a flexible constitution may be in written or unwritten form. However, the procedure for amending a rigid constitution may include an absolute majority. 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. There are different types of constitutions under the monarchical setup. So, there is a different procedure that has to be followed to amend or change any provision of the flexible constitution and the procedure is much lengthy and hard than the procedure followed in amending . It allows for extremely quick decision making. The constitution of 1946 was passew when the Westminster Style Parliamentary Constitution was enacted in the country. Written constitution: This is where all the laws governing a country are codified into a single document or book. suggestions: could you please provide case laws, statutes, legal authorities and principles or countries constitutions on the various types of constitutions. Absolute monarch: This is one in which the monarch has absolute powers of governance. This continued until when I was about to represent my school in a political science competition. It is often asserted that the United States has a written constitution and the United Kingdom an unwritten one. The president then has the liberty to exercise his powers directly or through his deputy president, cabinet secretaries, or other officers. We literally have two types of constitutions and they are written and unwritten constitutions. The powers of the different tiers of the government are usually spelt out in legislative lists of the federal constitution. However, a written constitution is not always rigid, but may be flexible and easy to amend. The procedure for Amending the constitution is usually cumbersome, expensive and time consuming whereas, a flexible constitution can be easily amended. A flexible constitution is a constitution which can easily be amended or changed without a cumbersome procedure. A written constitution is enacted on a specific date by a particular body, which is specially designed for its adoption and enactment. However, she never said anything about the similarities or differences between some of the types of constitutions and that was a big problem. This article is licensed under a CC BY-NC-SA 4.0 license. very frequent. The system is considerably cheaper to run since there are not many bodies that require funding from the central government. The states name is derived from the Cross River that runs through it. It will be nice to hear from you! MUST READ: Are Lawyers liars? Under such a law, the judiciarys main role is only to see whether the law conforms to the provisions of the constitutions. The need to determine the meaning of the Constitution through the use of methods of constitutional interpretation and, perhaps, construction,6 is apparent from the text of the document itself.7 While several parts of the Constitution do not lend themselves to much debate about their The process of amending a rigid constitution is different from the process of enacting and amending the common laws of the land. In most cases, the head of state is known as the president. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. That is, constitutional practices which are not legal rules, but are accepted as binding by the British people. Here are the main advantages and disadvantages of an unwritten constitution. 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. Bill of Rights b. Federalist Papers c. Federal Judiciary Act of 1789 d . A person born in or outside Zambia after the commencement of this Constitution shall become a citizen of Zambia at the date of his birth if on that date at least one of his parents is a citizen of Zambia. Human cloning pros and cons: Ethics vs. scientific progress. Organizing and providing relevant educational content, resources and information for students. 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." Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. Written and Unwritten constitution. A rigid constitution protects the fundamental rights of the individual. Both the laws are enacted in the same manner and their source is also same. There is better coordination between the legislature and the executive. The policies of the constitution also enable to put a check on the activities of the bodies. It can be amended with the same ease in which statutes and ordinary laws are. Unitary systems can easily evolve into dictatorships. The presidents fixed tenure can result in a rigid government. More-recent written constitutions are generally longer and encompass a wider range of rights accorded to citizens. It is not in one document, but can be found in various sources, such as statutes, conventions and judicial decisions. See the truth as to whether lawyers are liars or not. This Constitution is an expression of their sovereignty. A flexible constitution just like an unwritten and unitary constitution, is wholly suitable for a multi-ethnic, multi-religious or heterogeneous population. Federations tend to be more democratic since leaders are answerable at multiple levels, not only the top government. This constitution reserved effective power in the hands of the Governor-General and his appointed Executive Council. 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. The Supreme Court has declared government regulation should be scrutinized very strictly when it infringes on a protected liberty (like procreation or marriage) or a protection action (like political speech), or when it unfairly discriminates against a protected class (like race or national origin). In other words, the concept of a constitution is to provide facility people. It depends rather on the peoples attitude concerning the fundamental political values the legal system ought to honour. The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary ordinary laws of the land. 3. Therefore, the people have little to no say on matters of whoever governs the country. Why is the Nigerian Constitution Important? We use cookies and similar technologies to ensure our website works properly, personalize your browsing experience, analyze how you use our website, and deliver relevant ads to you. The downside is that popular passion is influenced by emotion, not reason. Such procedures often involve a two-thirds vote in parliament, popular vote by the people or ratification through a referendum. In todays article, i will be sharing with you the differences between a rigid and flexibile constitution. 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. A Constitution that has been systematically and meticulously written down and embodied in a single document is known as a Written Constitution. He also implement all the laws enact by the current parliament. Rigid Constitutionis aconstitutionwhich stands above the other laws of the country, while flexible constitutions do not. rigid constitution noun : a constitution that is difficult or slow to change usually because of a prescribed process of amendment that is detailed and lengthy in execution Love words? Government Constitutions Types of Constitution. There are two types of constitutions. ALSO READ: Features of Democracy: See the major features of democracy. The Constitution, though Supreme, is normally flexible and not rigid, as the government has the power to amend it as needed. 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. 2. In other words, the concept of constitution is basically for the best interest of the people first. Notify me of follow-up comments by email. For example, theConstitution of Australia is rigid, while theBritish Constitutionand theIsraeli Constitutionare flexible. 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. This provision often results in highly contested elections, a potential trigger for violence and rebellion. He rules by divine sovereignty and his authority is not limited by the constitution. 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. Monarchs can easily impose their personal beliefs and preferences on the people. Register or login to make commenting easier. Rigid Constitution is a constitution which stands above the other laws of the country, while flexible constitutions do not. [Persons entitled to apply to be registered as Citizens] (1) Any person who -- (a) has attained the age of twenty-one years; or Are Lawyers liars? The enactment or amendment of common law is usually made by a simple majority of the votes in the relevant parliament which has the power to make or amend that law. Classification of constitution Written and unwritten constitution Rigid and flexible constitution 1. It provides for the formation of an expert government since those appointed to office do not necessarily have to be part of the legislature. 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. It protects the rights of individuals since those in power cannot easily change them. Also read: what are the different sources of constitution, There are FIVE different types of Constitution, are as follows:-. A country operating a unitary system of government usually adopts a unitary constitution. 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). It ensure political stability of the country because, no section can single handedly amend the constitution to its own favour. Indeed, written constitutions can never exhaust the whole constitutional law of a state. Anyways, if you have any contribution or questions to ask on this topic, do no hesitate to send them using the comment section. ADVERTISEMENTS: A parliamentary constitution is, in which all the executive power of the state is vest by the Prime Minister. 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. Studies that used different scales to measure a country's difficulty of amending its constitution do not categorize the Japanese Constitution as the most rigid constitution. 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. 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 federal constitution cannot be changed in the same way as the . But there is stability in government with a rigid constitution, since it cannot be easily changed to suit the interest of just one person. In contrast, the federal constitution provides different structure of government in national, state and local councils. Rigid laws are unsuitable for progressive nations in which amendments happen frequently. 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. A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. That is, constitutional procedures are not legal rules, but is accept by binding the British people. In a unitary system, the people only owe their allegiance to one central body of power. Today, we will discuss those different types of constitution. The President of India has the authority to proclaim an emergency under Articles 352, 356 and 360. Advantages of a rigid constitution include: 1 It is a source of stability in administration 2 It maintains continuity in administration 3 It cannot become a tool in the hands of the party exercising the state's power at a particular time. Register or login to receive notifications when there's a reply to your comment or update on this information. Article 368 of the Indian Constitution provides the procedure of Amendment. Here are the main pros and cons of a presidential constitution. The laws contained in it can be amended as simply as one would amend a statute, with a simple majority vote in parliament. The rigid constitution, being precise and clear, discourages and combats arbitrary actions. Pros and cons of GMOs explained in detail. Kindly take note of this. Subscribe my Channel: https://www.youtube.com/channel/UCqKvfWhZpdrCA1C51RShQnA . Written and unwritten constitutions. Great Britain is the solitary example of such a type of. 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. 24. Every codified constitution has uncodified elements. This central body does not share its power but can delegate it to subordinate bodies such as local and regional governments. A unitary constitution provides for government power to be vested in a single central government. A constitution is considered nominal if it is largely or in substantial parts disregarded and does not provide insight into the real functioning of the political system. 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. Does the constitution provide for a separation of powers? Required fields are marked *. Here are the main advantages and disadvantages of a republican constitution. [3] Here is a look at the different types of constitutions that exist in various nations worldwide. A rigid constitution is suitable for a federal system of government. The word democracy is derived from a combination of two Greek words Demos meaning people, and kratia meaning rule or government. The United Kingdom's constitution is flexible, because any of its . In a unitary constitution, all the powers of government are in center, as it is the only source of authority from which power flows. A flexible constitution by its nature does not protect the interest of minority, disadvantaged or despised people. A codified constitution is a constitution that is contained in a single document, which is the single source of constitutional law in a state. by Arvind Kumar, Preserve Articles. Now! Constitutions are widely classified into two categories, firstly written and unwritten ; and secondly, rigid and flexible. 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