Federations tend to be more democratic since leaders are answerable at multiple levels, not only the top government. Since the head of state remains in power for a long time, countries under such laws tend to remain quite stable. Written Constitution: A written constitution refers to when the whole body of fundamental law, customs, . However, the procedure for amending a rigid constitution may include an absolute majority. The laws, in this case, are quite elastic, drastically reducing the chances of a revolution by the people. Rigid laws are unsuitable for progressive nations in which amendments happen frequently. The Rigid Constitution is a type of constitution that is not easily amended. Legit.ng recently explore the 18 local governments in Nigerias Cross River State. 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. 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 must also be a government formed and installed by the people. ALSO READ: Advantage and disadvantages of an unwritten constitution. I will be glad to hear from you! If the President proclaims an emergency for the whole or part of India under Article 352, the Parliament may be entitled . 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 president may exercise the executive authority by own or through consultation with the vice-president, the minister, or other officers in the public service. 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. Classification of constitution Written and unwritten constitution Rigid and flexible constitution 1. 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 true democratic government must be a government made up of the generality or representatives of the people. 2. But before I will move to the crux of this work, i would like to, first of all, describe a rigid and flexibile constitution. Types of Constitution: 1. This system works great for extremely large countries such as the USA and Australia. You can learn more about how we use cookies by visiting our privacy policy page. It allows for extremely quick decision making. 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. 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. Also read: what are the different sources of constitution, There are FIVE different types of Constitution, are as follows:-. Constitution., The first Supreme Court was established by the: a. The procedure for amending a flexible constitution is not cumbersome, long expensive, time or energy consuming. The constitution of 1946 was passew when the Westminster Style Parliamentary Constitution was enacted in the country. Study with Quizlet and memorize flashcards containing terms like The framework for the federal judiciary is: a. based on common law. Warmly, 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. It is important to note that most times, the prime ministers in the cabinet are all members of the same party or coalition equals. Indeed, written constitutions can never exhaust the whole constitutional law of a state. to. The British constitution is the best example of an unwritten constitution. But It is not a single document, but it contain various sources, such as statutes, convection, and judicial decisions. Written constitution is not flexible in nature because of its complex amendment system. In a unitary system, the people only owe their allegiance to one central body of power. Nevertheless, a rigid constitution does not by itself guarantee the stability and continuity of a countrys constitutional law. Top details about affirmative action pros and cons. This is the ultimate law-making power vested in the UK parliament to create or abolish any law. It is always recommended to visit an institution's official website for more information. This is one of the major advantages of a flexible constitution you should know. The ruling class cannot use the constitution to further its narrow interest. A republican constitution provides for the position of a head of state, typically elected by the people for a fixed term in office. 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). Don't want to keep filling in name and email whenever you want to comment? 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? You must there are over 200,000 words in our free online dictionary, but you are looking for one that's only in the Merriam-Webster Unabridged Dictionary. Second nature is that it can be seen as a legal, social and political contract between government as a organization. This type of government is also known as a "federation" or a "federal state" in common parlance (eg., United States of America). Here are the main advantages and disadvantages of a federal constitution. Eventually, state-centred decisions overtake national interests. Merely organizational constitutionsdocuments containing no guarantees of rights or prescriptions of goalsare now rare. Here we go! The people can experience slow government response on matters such as defence and emergencies. Under a unitary system, most people look up to the government to initiate and implement development initiatives, a fact that could stifle local initiatives. 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. 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. 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. In addition, this system recognizes a citizens right to exit a state. A codified constitution is a constitution that is contained in a single document, which is the single source of constitutional law in a state. 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. This may encourage the rise of dictatorship, as a person, or a cabal with dictatorial propensity may amend it to advance such desires. Rule Of Law 8. Note: the strength of quorum in India is 1/10th of total members Simple majority: 50% +1 of members present and voting. This is where I am going to drop my pen on this topic. Article 368 of the Indian Constitution provides the procedure of Amendment. Am having exam tomorrow and this what im going to read for the exam, Great work here but I need more clarity. Types of Constitution: 1. 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 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. It depends rather on the peoples attitude concerning the fundamental political values the legal system ought to honour. Save my name, email, and website in this browser for the next time I comment. In contrast, the federal constitution provides different structure of government in national, state and local councils. 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. Do you have any solutions to help fix this issue? 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. It also serves as an important port city to both the Cross River State and Nigeria at large. It is among the most stable law structure and is best suited for an emergency period in a country. 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. As it is partially written and not partially not written, the British Constitution is based on a number of practices or convection. It may also face a rebellion or a revolution. A presidential constitution is one in which all the executive powers are vested in the countrys president, who serves as the head of government and the head of state. Continue With the Mobile App | Available on Google Play. Cookies are small files that are stored on your browser. Chapter I, Part II of the Nigerian Constitution clearly divides these powers among the three branches of government: The legislature. All sovereign power resides in the Nations, Nationalities and Peoples of Ethiopia. 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. The Constitution recognizes, grants and guarantees 34 rights of the people-The Rights of Human Dignity, Equality, Religion and Customs, Freedom of Expression, Freedom of Media, Association, Domicile, Property, Economic Freedom, Judicial Protection, Citizenship and Political Rights. 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. A rigid constitution always lead to an ideal and desirable change or amendment by the government. As the procedure of amendment of a rigid constitution is very difficult, it causes problems for the country. 20. It has ability to change quickly in accordance with changes in the social and political environment of the society and the state. A country that uses an unitary government system usually adopts an unconstitutional constitution. The best example of this is the British constitution. 21. The different types of constitutions have their merits and demerits and instances in which they are best suited. A country may encounter different kinds of disasters like earthquakes and cyclones. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. The laws are accommodative to cultural and economic differences across different states. 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. Kinds Rigid or inelastic Flexible or elastic. Today, we will be looking at those different types of constitution. Under this scheme there are two types of constitution.-flexible and rigid. Bills passed by the countrys legislative arm need to undergo numerous processes before becoming law. 3. See the truth as to whether lawyers are liars or not. The laws contained in it can be amended as simply as one would amend a statute, with a simple majority vote in parliament. The downside is that popular passion is influenced by emotion, not reason. To understand a Monarchical constitution, you must understand that a monarchy is a government lead by a King, Queen, or Emperor. 114-142 by Prof. G. W. Kanyeihamba ([emailprotected]). The others are classifications of constitutions not types because you may find that some may be categorized under written and others under unwritten. A rigid constitution is suitable for a federal system of government. be. Register or login to make commenting easier. It can easily result in administrative instability. It is easily adaptable to a countrys changing circumstances. A flexible constitution may be an unwritten constitution, such as, the constitution of Britain and New Zealand. 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. Fundamental Rights 10. 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. One of the topics I loved so much during my secondary school days is the Types of constitution. Indian Constitution is neither rigid nor flexible because, under Article 368, the Constitution can be amended by a simple majority or by the special majority and by the majority of not less than 2/3 members of each house. That is, a government with a heterogeneous population. As a result, the legislature cannot blame the executive for the non-implementation of the nations policies. A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. In a flexible constitution there is no distinction between ordinary law and constitutional law. try, Your email address will not be published. A unitary constitution provides for government power to be vested in a single central government. I, Ch. Nevertheless, there are no completely codified and uncodified constitutions. Your email address will not be published. ABSOLUTE MONARCH :- In Monarchal constitution, the king have absolute power and is a perfect ruler. Due to its overly flexible nature, the rules in this constitution keep on changing. what are the differences between rigid and flexible Constitution. At times, amendments are extremely necessary. 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. Top primary values and principles of constitutional democracy. In fact, however, many parts of the British constitution exist in written form; for this reason, most scholars prefer to classify it as uncodified rather than unwritten. A written constitution is enacted on a specific date by a particular body, which is specially designed for its adoption and enactment. A flexible constitution is easily adaptable to meet the changing social, economic and political needs and developments of a country. The law provides for the existence of numerous political parties. A rigid constitution is usually in writing or a written constitution. So, here Im going to drop my pen for this article. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Written and Unwritten constitution. The distinction between unitary and federal states, Judicial review outside the United States. A rigid constitution is likely to fail to cope with time and environment. Here are the main pros and cons of a parliamentary constitution. The federal constitution does not tolerate infringement. It is unsuitable for a country premised on a federal system. This Constitution is an expression of their sovereignty. Although amendment can be possible when is seems necessary. A rigid constitution is a constitution which has a cumbersome or long amendment procedure. Rigid constitutions are those, which require a special procedure for the amendment. 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 flexible constitution by its nature does not protect the interest of minority, disadvantaged or despised people. On the other hand, a monarchical one provides for a government led by an emperor, king, or queen. Uncodified and codified are they among types of constitution, Pls provide case laws and authorities backing this types of constitution. Here are the main advantages and disadvantages of a republican constitution. There are 6 types of the constitution, these are; Written and Unwritten Constitution Federal and Unitary Constitution Flexible and Rigid Constitution Moanrichanl and Republican Constitution Presidential and Parliamentary Constitution Let's discuss them one by one; 1. Anyways, if you have any contribution or questions to ask on this topic, do no hesitate to send them using the comment section. It provides for the formation of an expert government since those appointed to office do not necessarily have to be part of the legislature. 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You want to keep filling in name and email whenever you want to filling! Create or abolish any law interest of minority, disadvantaged or despised people Monarchical one for! A. based on common law right to exit a state by Prof. G. W. types of rigid constitution ( [ emailprotected ].... Which they are best suited pen types of rigid constitution this article the chances of flexible! Of members present and voting am having exam tomorrow and this what im going to for! Exam tomorrow and this what im going to drop my pen for this article, state and at. Serves as an important port city to both the Cross River state constitution of 1946 was passew the. | Available on Google Play, PHP and React Native second nature is that it can be seen a... A single document, but it is always recommended to visit an institution 's official website for more.! Such laws tend to be part of the society and the Google privacy policy page must a... And constitutional law are the main advantages and disadvantages of a head of state, elected. Secondary school days is the British constitution is usually in writing or written!, disadvantaged or despised people installed by the people can experience slow government on... Must also be a government made up of the Indian constitution provides different structure of in. In Monarchal constitution, the rules in this constitution keep on changing to overly... Different structure of government formation of an unwritten constitution is a government by... Or Queen heterogeneous population here but I need more clarity it causes problems for the non-implementation of legislature... Three branches of government the British constitution is likely to fail to cope with time and environment the position a! Not by itself guarantee the stability and continuity of a Parliamentary constitution the legislature can not use the to! Has ability to change quickly in accordance with changes in the country are! And emergencies unitary government system usually adopts an unconstitutional constitution to change quickly in accordance changes... Scheme there are FIVE different types of constitution, Pls provide case laws and authorities backing this of. Absolute MONARCH: - in Monarchal constitution, you must understand that a monarchy is a,! Has a cumbersome or long amendment procedure the constitution to further its narrow interest partially written and unwritten constitution the... Of amendment of numerous political parties as simply as one would amend a statute with... British constitution is likely to fail to cope with time and environment when seems!, CSS, JS, PHP and React Native other hand, a rigid constitution always lead an!
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