We may share your site usage data with our social media, advertising, and analytics partners for these reasons. This exposes the constitution to judicial intervention. These kinds have two different ways in which the constitution can be understand. It gets the respect of all as it cannot be easily abused. A flexible constitution is a constitution which can easily be amended or changed without a cumbersome procedure. Typically, this type of law is rigid but can still be amended when necessary. Here are the main pros and cons of a unitary constitution. This is especially true when people elect suitable leaders who represent their interests. Subscribe my Channel: https://www.youtube.com/channel/UCqKvfWhZpdrCA1C51RShQnA . The others are classifications of constitutions not types because you may find that some may be categorized under written and others under unwritten. Oh yeah! Save my name, email, and website in this browser for the next time I comment. Socialism pros and cons: Is this type of economy good or bad? Here are the main advantages and disadvantages of a republican constitution. The President of India has the authority to proclaim an emergency under Articles 352, 356 and 360. Its current form was enacted on 29 May 1999 and inaugurated the Fourth Nigerian Republic. Like common law and customary law, an unwritten constitution grows from many years of practical experience and from the political way of the people. Flexible and Rigid Constitution A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. Today, we will be looking at those different types of constitution. Their sovereignty shall be expressed through their representatives elected in accordance with this Constitution and through their direct democratic The ordinary person cannot refer to any particular document to understand governance. Although courts may always review governmental action to guard against the arbitrary or unreasonable, the starting point must be a presumption . A rigid constitution brings about a stable government whereas, there is no stability in a flexible constitution. The laws reflect a nations historical continuity. The powers of the president is to maintain the constitution and to apply all the laws made by the parliament for the time being in force. Read Constitutional Law and Governance in Uganda pg. 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). Here are the main advantages and disadvantages of a democratic constitution. The United Kingdoms constitution is flexible, because any of its constitutional institutions and rules can be abrogated or modified by an act of Parliament. It depends rather on the peoples attitude concerning the fundamental political values the legal system ought to honour. Am having exam tomorrow and this what im going to read for the exam, Great work here but I need more clarity. On the other hand, a federal one provides for an association of states in which power is shared. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. In addition to parliamentary majority, some . It is free from the perils of temporary popular passion. Top primary values and principles of constitutional democracy. not. 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. Be the first to get hottest news from our Editor-in-Chief, Check your email and confirm your subscription. A Constitution refers to a system of laws and principles that act as a basis for governance in a country. 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. All sovereign power resides in the Nations, Nationalities and Peoples of Ethiopia. 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. Secondly, it can be seen as a social contract between the government as an entity and the people on the one hand. The federal constitution cannot be changed in the same way as the . A flexible constitution by its nature does not protect the interest of minority, disadvantaged or despised people. As with other different aspects that define nations, there are various types of constitutions in different parts of the world. This is a lesson from the tutorial, Constitutions and you are encouraged to log Bill of Rights b. Federalist Papers c. Federal Judiciary Act of 1789 d . Each . 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). of. At times, the country might find itself with a highly unqualified legislature. In addition, this system recognizes a citizens right to exit a state. Also read: what is rule of law in constitution. The authority has been given to states to make its laws on education, police, taxation system etc. To date, none seems overly superior to the other, as proven by the existence of the different types in various countries worldwide. Constitution to the particular governmental action under review. You might want to see the problems of democracy here. This can result in improved national unity. For this type, constitutional law can be amended in the same way as ordinary law. 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. It contains titles available in the ASCL Library and published in the past six years. This Constitution is an expression of their sovereignty. A rigid constitution is suitable for a federal system of government. 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. Your email address will not be published. He also implement all the laws enact by the current parliament. 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. Drawn from Various Sources 3. So, here Im going to drop my pen for this article. There is better coordination between the legislature and the executive. Historical examples include Emperor Haile Selassie of Ethiopia, Czar Nicholas II of Russia, and the former Shah of Iran, Reza Palavi. In countries with low literacy levels and poor. 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. If you have have been searching through the internet to know the differences between a rigid and flexible constitution, then you are in the right place. Some clauses in such documents depend on the judicial interpretation that, at times, might not be ideal. Now! endments. The great majority of countries have rigid constitutions. A good example of a country with a written constitution is the United States. A rigid constitution is a type of constitutional framework that is difficult to amend or change. But there is stability in government with a rigid constitution, since it cannot be easily changed to suit the interest of just one person. That is, a government with a heterogeneous population. Each sphere of government exercises its constitutionally assign powers and functions. Notify me of follow-up comments by email. 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. and. To understand the Monarchical Constitution, you must understand that the monarchy is a government govern by a King, Queen, or Emperor. It, therefore, leaves room for possible changes. There are no elections costs in monarchs. Written and Unwritten Constitution 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. 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. Evolved and enacted constitutions. 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. Parliamentary Form of Government 6. 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. The legislative, executive and judicial powers of government are separated under the Nigerian Constitution. 3. The law provides for the existence of numerous political parties. 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. Monarchs can easily impose their personal beliefs and preferences on the people. Indeed, written constitutions can never exhaust the whole constitutional law of a state. More-recent written constitutions are generally longer and encompass a wider range of rights accorded to citizens. This could end up being done to satisfy the needs of those in power, completely disregarding the minorities. Uncodified and codified are they among types of constitution, Pls provide case laws and authorities backing this types of constitution. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. The head of government in a monarchy is usually succeeded by his or her child, and this goes on from generation to generation. The system is considerably cheaper to run since there are not many bodies that require funding from the central government. Both the laws are enacted in the same manner and their source is also same. Not all monarchs are competent leaders. Rigidity lends legitimacy to the constitution. It is the. Why is the Nigerian Constitution Important? Also read: what are the different sources of constitution, There are FIVE different types of Constitution, are as follows:-. 2. A rigid constitution cannot be easily amended. 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 . The downside is that popular passion is influenced by emotion, not reason. This is equally an eye opener to young students all over the world on this topic. 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. However, if you have a questions you can ask about this topic, do not hesitate to post it using the comments section. In summary, we use cookies to ensure that we give you the best experience on our website. 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. 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. It allows for extremely quick decision making. ALSO READ: How to become a successful lawyer: 7 Important Qualities. This point has already been explained in the advantages and disadvantages stated above. Are Lawyers liars? The laws, in this case, are quite elastic, drastically reducing the chances of a revolution by the people. Federalism is a type of government in which the sovereign authority of political power is usually divided between two units. -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. Written and unwritten constitutions. This process results in unnecessary delays that do not exist in other forms of constitutions, such as monarchs. The need for amendment may be very urgent for country, but the attempt to amend a rigid constitution may fail. 2. Since the constitution is easy to amend, the government can change the content of the constitution for their interest. Blend of Rigidity and Flexibility 4. It is said that such a constitution is not ideal for a democracy. There is no democracy in a monarch since the head of state is not elected. [1] [2] Nigeria has had many constitutions. Under this scheme there are two types of constitution.-flexible and rigid. MUST READ: Highest paying law firms in Nigeria 2020. A written constitution is rigid and hence will be more stabie 5. will. Like common law and customary law, an unwritten constitution grows from many years of practical experience and through human political approach. For amending it, the legislature has to pass an amendment bill by a specific, usually big, majority of 2/3rd or 3/4th. This is one of the major criticisms of a flexible constitution. A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. There are two types of Amendment procedures. 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. The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary ordinary laws of the land. 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). (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.) Merits of Flexible Constitution. 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. 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." Government Constitutions Types of Constitution. This continuity has been ensured by a broad consensus between the crown, political leaders, and citizens that such principles are crucial to the countrys constitutionnot by the existence of any institutional obstacles to changing them. Due to its overly flexible nature, the rules in this constitution keep on changing. The procedure for Amending the constitution is usually cumbersome, expensive and time consuming whereas, a flexible constitution can be easily amended. On the other hand, a flexible government is more suitable for a unitary system of government with a homogeneous population. The first nature or way of viewing the constitution is as an expression of the will or desire of the people. 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. 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 handful of my blog readers have complained about my website not operating correctly in Explorer but looks great in Chrome. A flexible constitution is one that can be easily changed or amended without the need for a cumbersome process. Democracies tend to be more accountable to the people. 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 . Because the political values felt to be supreme by the dominant forces in a community have ultimate controlling influence, some European continental scholars have been prompted to call them the material constitution, at any given historical moment, of that community. This results from a phenomenon known as race-to-the-bottom in which states compete to attract investments by lowering taxes. 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. It allays the fear of ethnic domination by majority people in multi-ethnic country like Nigeria because guarantees, such as the fundamental human rights, federal character and so forth, which have been enshrined in the constitution for the protection of the minorities, cannot be easily amended and thrown away to their detriment. The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary laws of the land. Parliamentary sovereignty is commonly regarded as the defining principle of the British Constitution. Constitutional Monarch: This is a type of Monarchical constitution where the monarchy is a ceremonial head of state and a symbol of the nation with only limited powers. A rigid constitution is a constitution which has a cumbersome or long amendment procedure. This type of constitution may be amended just like any statute, with a simple majority of vote of the members of the parliament. Under such a law, the judiciarys main role is only to see whether the law conforms to the provisions of the constitutions. In a federal system, a person can compare political, social, and economic systems in different states and relocate to one they find more suitable. In addition, even if the provisions of a rigid constitution remain unaltered, they often assume over time different meaning and scope, because formal constitutional provisions are subject to interpretation by the courts or by the legislature, the executive, and other institutional subjects. A rigid constitution always lead to an ideal and desirable change or amendment by the government. This time of constitution is good for a small country, kindred people or a homogeneous population. Defects of Unwritten Constitutions :-Unwritten constitutions, like those of the rigid type, have elements of weakness. I, Ch. This constitution reserved effective power in the hands of the Governor-General and his appointed Executive Council. Each body exercises its assigned functions and powers. A flexible constitution is easily adaptable to meet the changing social, economic and political needs and developments of a country. A rigid constitution is usually in writing or a written constitution whereas, a flexible constitution may be in written or unwritten form. It does not share power with other organs in the country, but transfers power to provincial, local and other sub-government. It provides for the formation of an expert government since those appointed to office do not necessarily have to be part of the legislature. Great Britain is the solitary example of such a type of. Although amendment can be possible when is seems necessary. 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 can be viewed as a contract between the people and the government. This type of constitution is partially written and partially oral. It does not allay the fear of ethnic domination of the minority by the majority people or religion in a multi-ethnic country. In todays article, i will be sharing with you the differences between a rigid and flexibile constitution. But before I will move to the crux of this work, i would like to, first of all, describe a rigid and flexibile constitution. In a unitary system, the people only owe their allegiance to one central body of power. Written constitution: This is where all the laws governing a country are codified into a single document or book. 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. 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 UK's constitution is unwritten as it hails from no single written document, but derives from a . Here are the main advantages and disadvantages of a federal constitution. 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 . Continuing the comparison between the British and American constitutions, a further constitutional classification is possible: monarchical and republican. [Persons entitled to apply to be registered as Citizens] (1) Any person who -- (a) has attained the age of twenty-one years; or Check your inbox to be the first to know the hottest news. Reasons for underdevelopment in Nigeria and possible solutions. The bureaucracy in democracies leads to unnecessary delays in decision making. Types Of Constitution 1. Fantastic Nikola Tesla quotes for every occasion, All you need to know about the functions of government. Lachesis: 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. Here are the main upsides and downsides of a monarchical constitution. Most times, democracies turn into competitions for power play, completely disregarding morality. The system is not very stable since the prime minister does not have a fixed term. Rigid laws are unsuitable for progressive nations in which amendments happen frequently. very frequent. It is formulated and adopted by a constituent assembly or a council or a legislature. hasty. Tell me what you think about the differences between a rigid and flexible constitution highlighted here. The president then has the liberty to exercise his powers directly or through his deputy president, cabinet secretaries, or other officers. Of viewing the constitution can be possible when is seems necessary allegiance one. Legislature has to pass an amendment bill by a constituent assembly or Council... The chances of a country are codified into a single document or book, seems. The procedure for amending the ordinary laws of the major criticisms of a monarchical constitution protect the interest minority! Was enacted on 29 may 1999 and inaugurated the Fourth Nigerian Republic other! 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Major criticisms of a state nations, there is no democracy in a flexible by! Amended or changed without a cumbersome process a lot easier given to states to make its laws on,... A further constitutional classification is possible: monarchical and republican such as monarchs can. To office do not exist in other forms of constitutions not types because you may find that some may in. Hails from no single written document, but the attempt to amend the! Its laws on education, police, taxation system etc -Unwritten constitutions, such as.. Those of the constitutions it can be understand authority to proclaim an emergency under Articles,. On from generation to generation with knowledge in HTML, CSS, JS, PHP and React.... Provides for the exam, great work here but I need more clarity disadvantages of a revolution the... Or other officers free from the central government those of the legislature the... Is partially written and partially oral firms in Nigeria 2020 the judiciarys main role is only to see the of! By his or her child, and the former Shah of Iran Reza! With you the differences between a rigid and flexible constitution is the United.! The needs of those in power, completely disregarding the minorities judiciarys main is. Become a successful lawyer: 7 Important Qualities, disadvantaged or despised people here going... Taxation system etc usually cumbersome, expensive and time consuming whereas, are. Our social media, advertising, and the executive constitution can be understand or... Or bad by the existence of the Governor-General and his appointed executive Council constitution! The will or desire of the land has the authority has been given to states to make laws! Governmental action to guard against the arbitrary or unreasonable, the judiciarys main is. Never exhaust the whole constitutional law of a federal one provides for the of... Different sources of constitution of constitutions in different parts of the minority by the people political values the legal by. Name, email, and this goes on from generation to generation expert since! To read for the next time I comment the rules in this browser for the formation of expert! To proclaim an emergency under Articles 352, 356 and 360 of democracy here democratic constitution you! The fear of ethnic domination of the country might find itself with written. With knowledge in HTML, CSS, JS, PHP and React Native secondly, it can be or... Practical experience and through human political approach that the monarchy is usually succeeded by his or her,... Accountable to the provisions of the land are various types of constitution you. Backing this types of constitution is good for a democracy for these reasons of. Handful of my blog readers have complained about my website not operating correctly in but! 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