The United Kingdom's constitution is flexible, because any of its . Types of Constitution: 1. Written and Unwritten constitution. A republican constitution provides for the position of a head of state, typically elected by the people for a fixed term in office. 3. There are different types of constitutions under the monarchical setup. Monarchs can easily impose their personal beliefs and preferences on the people. 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 . [3] The Constitution, though Supreme, is normally flexible and not rigid, as the government has the power to amend it as needed. Due to its overly flexible nature, the rules in this constitution keep on changing. Rule Of Law 8. The enactment or amendment of an ordinary law is usually by simple majority vote in the relevant parliament that has authority to make or amend such law. In this article I will clearly highlight the basic differences between a rigid and flexible constitution. The Constitution is rigid (as opposed to a flexible constitution), since modifying it involves a more complex process of reform than that needed for amending ordinary laws. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); I really admires and likes all your lessons because it teaches real source. A flexible constitution is a dangerous and fearful foundation to build a country that has a diverse population. 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. Save my name, email, and website in this browser for the next time I comment. There is no democracy in a monarch since the head of state is not elected. Secondly, it can be seen as a social contract between the government as an entity and the people on the one hand. 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. 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. RIGID CONSTITUTION: Rigid constitutions are those, which require a special procedure for the amendment. MUST READ: Highest paying law firms in Nigeria 2020. It is the. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. 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. Merely organizational constitutionsdocuments containing no guarantees of rights or prescriptions of goalsare now rare. Here are the main advantages and disadvantages of an unwritten constitution. constitution. A Constitution that has been systematically and meticulously written down and embodied in a single document is known as a Written Constitution. It protects the peoples rights through law and order. Here are the main ups and downs of a rigid constitution. very frequent. Evolved and enacted constitutions. ALSO READ: How to become a successful lawyer: 7 Important Qualities. Classification of constitution Written and unwritten constitution Rigid and flexible constitution 1. Moreover, there are important aspects of the U.S. Constitution that are wholly unwritten. What do you know about the main top types of inflation? 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. suggestions: could you please provide case laws, statutes, legal authorities and principles or countries constitutions on the various types of constitutions. On the other hand, a rigid constitution has elaborate, and at times cumbersome, procedures that govern any amendments. The British constitution is the best example of an unwritten constitution. Im really loving the theme/design of your weblog. Countries where this type of constitution is being practice, the head of state who conducts ceremonial events only. A rigid constitution always lead to an ideal and desirable change or amendment by the government. Therefore, relying on the popular passion for amending the countrys laws can result in disharmony and imbalance. Since the constitution is easy to amend, the government can change the content of the constitution for their interest. A written constitution is enacted on a specific date by a particular body, which is specially designed for its adoption and enactment. In the first instance, the constitution is seen as, first and foremost, and expression of the will of the people of the country. Reasons for underdevelopment in Nigeria and possible solutions. Register or login to receive notifications when there's a reply to your comment or update on this information. Typically, constitutions contain the basic laws and principles of nations, social groups, or states. The first nature of the constitution is consider as the expression of the democracy of the country. Integrated and Independent Judiciary 9. In countries with low literacy levels and poor. Human cloning pros and cons: Ethics vs. scientific progress. 20. 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. Federal System with Unitary Bias 5. Your email address will not be published. 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. Here are the main advantages and disadvantages of a republican constitution. On the other hand, a federal one provides for an association of states in which power is shared. While India is a blend of rigid and flexible constitution. It is often asserted that the United States has a written constitution and the United Kingdom an unwritten one. 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 president then has the liberty to exercise his powers directly or through his deputy president, cabinet secretaries, or other officers. It has been criticized as being vague and indefinite. to. It contains titles available in the ASCL Library and published in the past six years. A country operating a unitary system of government usually adopts a unitary constitution. Royal families in monarchs lead very expensive lifestyles that could burden the citizens. The constitutions of USA, Australia and Switzerland are the example of a rigid constitution. 2. 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 ensure political stability of the country because, no section can single handedly amend the constitution to its own favour. An amendment to the Constitution may be proposed by any member of the House of Representatives or the Senate and will be considered under the standard legislative process in the form of a joint resolution. In todays article, i will be sharing with you the differences between a rigid and flexibile constitution. Unlike the unitary system, the countrys power is shared among local, state, and federal bodies. 3. A rigid constitution is usually in writing or a written constitution whereas, a flexible constitution may be in written or unwritten form. Since the monarch is not a politician, they can remain neutral on matters that otherwise cause divisions. On the other hand, certain institutions of constitutional significance, including the system of political parties and judicial review of legislative and executive actions, are not mentioned in the written constitution. For passing or amending an ordinary law, the . See the truth as to whether lawyers are liars or not. Save my name, email, and website in this browser for the next time I comment. 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. be. Although courts may always review governmental action to guard against the arbitrary or unreasonable, the starting point must be a presumption . In other words, the concept of a constitution is to provide facility people. It gets the respect of all as it cannot be easily abused. Those that are flexible allow any of the rules of the constitution to be modified through the simple procedure by which ordinary statutes are enacted. For this type, constitutional law can be amended in the same way as ordinary law. Legit.ng recently explore the 18 local governments in Nigerias Cross River State. Read Constitutional Law and Governance in Uganda pg. The system is not very stable since the prime minister does not have a fixed term. Flexible and Rigid Constitution. Organizing and providing relevant educational content, resources and information for students. Differences between a federal and unitary system of government, Why indirect rule was adopted in Africa during colonization, Characteristics of military rule in Nigeria. A flexible constitution just like an unwritten and unitary constitution, is wholly suitable for a multi-ethnic, multi-religious or heterogeneous population. Ratifying Convention; see 10th Amendment). Its current form was enacted on 29 May 1999 and inaugurated the Fourth Nigerian Republic. That's why it is very difficult to amend US constitution. 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. Joel Ivan, Thanks also I want to ask a question about functions of the constitution of the United republic of Tanzania of 1977 as ammended time to time, Explain classes of constitution The policies of the constitution also enable to put a check on the activities of the bodies. Tell me what you think about the differences between a rigid and flexible constitution highlighted here. It does not allay the fear of ethnic domination of the minority by the majority people or religion in a multi-ethnic country. Although the amending process in the United States is difficult, it is easier than the process in other countries with rigid constitutions. Today, we will discuss those different types of constitution. It is free from the perils of temporary popular passion. See the truth as to whether lawyers are liars or not. To understand the meaning and types of constitution, it is important to know that there are two kinds of constitution. 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 . The United Kingdoms constitution is flexible, because any of its constitutional institutions and rules can be abrogated or modified by an act of Parliament. 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. Difference between written and unwritten constitution 2. 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. The word democracy is derived from two Greek words, demos and kratia. The former means people while the latter means government or rule. 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). Each body exercises its assigned functions and powers. Therefore, the people have little to no say on matters of whoever governs the country. Its method of amendment is difficult. Pros and cons of GMOs explained in detail. Cookies are small files that are stored on your browser. ALSO READ: Features of Democracy: See the major features of democracy. Constitutional law in countries with flexible constitutions does not have to be unstable or constantly in flux. It must also be a government formed and installed by the people. This exposes the constitution to judicial intervention. 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. A parliamentary government is, in most cases, more responsible than a presidential government. The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary ordinary laws of the land. In a unitary system, the people only owe their allegiance to one central body of power. in or register, The best example of this is the British constitution. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. In addition, as ensured by the First Amendment, all American citizens are free to petition . 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. 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. For amending it, the legislature has to pass an amendment bill by a specific, usually big, majority of 2/3rd or 3/4th. Following ar the types of constitutions: Written and unwritten constitutions; Rigid and flexible constitutions I enjoin you to seat calmly and read this work so that you will be able to grasp everything I will discuss here. A republican constitution is representative since leaders are elected through the will of the people. The system allows economic, social, and political experimentation since power is shared across different states. It is not a substitute for professional advice or help and should not be relied on to make decisions of any kind. Article 368 of the Indian Constitution provides the procedure of Amendment. Blend of Rigidity and Flexibility 4. 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. The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary laws of the land. The U.S. Constitution, at roughly 7,000 words, is a model of brevity, and many constitutions in Western countries are only slightly longer. That is, a government with a heterogeneous population. However, most times a flexible constitution is written and it is usually in the form of a unitary constitution. It is said that such a constitution is not ideal for a democracy. 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. 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. Continuing the comparison between the British and American constitutions, a further constitutional classification is possible: monarchical and republican. The judiciary tends to overplay its role in a country governed by an unwritten law. A flexible construction does not ensure political stability as a ruler, cabal or majority can amend the constitution to favour its interest. Here are the four (4) types of constitutions. Types of majorities: Simple majority Special majority Effective majority Absolute majority Meaning of Quorum: minimum members requires for the particular meeting. SUMMARY: A constitution of the state has the following main functions:- To declare the existence of the state, its name, people, character, political ethos and system; To declare the territorial boundaries of the state (Article 2); To establish organs of governance, provide for recruitment, disciplining of public officials and provide for 1. On the other hand, a flexible government is more suitable for a unitary system of government with a homogeneous population. A written constitution is usually rigid in nature because of its cumbersome mode of amendment. ALSO READ: Advantage and disadvantages of an unwritten constitution. 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 parliamentary constitution is, in which all the executive power of the state is vest by the Prime Minister. Democracies tend to be more accountable to the people. However, a written constitution is not always rigid, but may be flexible and easy to amend. Here are the main pros and cons of a presidential constitution. It is necessary to take quick decisions to deal with such emergencies. Although amendment can be possible when is seems necessary. not. Written Constitution: A written constitution refers to when the whole body of fundamental law, customs, . The state is located in Southern Nigeria and borders Cameroon to the east. A rigid constitution brings about a stable government whereas, there is no stability in a flexible constitution. But the government could fail to take decisions if the country concerned has a rigid constitution. Rigid and flexible constitutions. 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. It encompasses a nations entire rules and ideals, a factor that might be less than ideal for some ages. This is a lesson from the tutorial, Constitutions and you are encouraged to log The rigid constitution contributes to political stability. Under such a law, the judiciarys main role is only to see whether the law conforms to the provisions of the constitutions. In most cases, the head of state is known as the president. The President of India has the authority to proclaim an emergency under Articles 352, 356 and 360. Constitutional Law-I. On the other hand, a monarchical one provides for a government led by an emperor, king, or queen. Eventually, state-centred decisions overtake national interests. This can result in improved national unity. Meanwhile, I would love to hear your contributions to this article. Drawn from Various Sources 3. Conventionally, a democratic government should reflect the peoples generality and must be created and installed by the people. 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. However, if you have a questions you can ask about this topic, do not hesitate to post it using the comments section. Unless specified, this website is not in any way affiliated with any of the institutions featured. You can learn more about how we use cookies by visiting our privacy policy page. 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. 2023: Why zoning, experience, others should be a factor in Akwa Ibom politics by Godwin Edoho. Could you please provide case laws, statutes, legal authorities and principles of nations, groups... Fear of ethnic domination of the constitution is consider as the expression of the state is located in Southern and... Necessary to take quick decisions to deal with such emergencies when is seems necessary power of the for! Which is specially designed for its adoption and enactment royal families in monarchs lead very expensive lifestyles that burden! Cons of a constitution is, in most cases, more responsible a! Affiliated with any of the constitution is a dangerous and fearful foundation to build a country a. 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Possible when is seems necessary a ruler, cabal or majority can the. The U.S. constitution that has a written constitution and the Google Privacy Policy page government usually adopts a unitary of..., constitutional law in countries with rigid constitutions are those, which require a procedure... To favour its interest nature of the constitution is consider as the expression of constitution! With any of its cumbersome mode of amendment entire rules and ideals, a democratic should! Through law and order kinds of constitution, is wholly suitable for a unitary system, head! Educational content, resources and information for students is representative since leaders are elected through the will of the for. Conforms to the east organizing and providing relevant educational content, resources information... Encompasses a nations entire rules and ideals, a rigid and flexible constitution may be flexible and easy to,.