So, here Im going to drop my pen for this article. 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 Your browser seems to have Javascript disabled. Nevertheless, a rigid constitution does not by itself guarantee the stability and continuity of a countrys constitutional law. Countries where this type of constitution is being practice, the head of state who conducts ceremonial events only. MUST READ: Are Lawyers liars? It is unlike a rigid constitution. A rigid constitution always lead to an ideal and desirable change or amendment by the government. 3. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); I really admires and likes all your lessons because it teaches real source. A Rigid constitution, is a type of constitution, which takes long processes of amendment. Parliamentary sovereignty is commonly regarded as the defining principle of the British Constitution. There is better coordination between the legislature and the executive. The U.S. Constitution, at roughly 7,000 words, is a model of brevity, and many constitutions in Western countries are only slightly longer. They are always supplemented, to varying degrees, by statutes, judicial doctrines interpreting the constitution, intergovernmental practices, and nongovernmental institutions (such as political parties) and their practices. For federal governments, a written constitution provides for the separation of central and federal power. Now! Merits of Flexible Constitution. ALSO READ: Differences between a federal and unitary system of government. A rigid constitution allows for careful consideration before any amendment is made to the 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. Having representatives makes government more efficient, resulting in faster and better implementation of the peoples will. A flexible constitution may be amended just like any statute with a simple majority of votes of the members of the parliament. 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. However, the procedure for amending a rigid constitution may include a two third majority vote of members of the central government legislature, as well as a two-third majority vote in two-third of the state legislatures in such country, and sometimes ratification by the people in a referendum and so forth. A written constitution is usually rigid in nature because of its cumbersome mode of amendment. 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. Government Constitutions 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. Socialism pros and cons: Is this type of economy good or bad? Kindly take note of this. 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. Subsequently, its ratification requires a three-quarters approval by the legislatures of the (50) States. A flexible constitution is one that can be easily changed or amended without the need for a cumbersome process. This type of constitution is partially written and partially oral. Republican Constitution is a constitution that provides the position of head of the state who is commonly known as President. The first nature of the constitution is consider as the expression of the democracy of the country. Each division has its constitutional powers and functions. This is the ultimate law-making power vested in the UK parliament to create or abolish any law. The states name is derived from the Cross River that runs through it. Critics of this system argue that it results in more corruption since the justice system often overlooks the atrocities committed by royal families. 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. 2. Does the constitution provide for a separation of powers? An uwritten constitution is a type of constitution that is not contained in one single document. The head of government in a monarchy is usually succeeded by his or her child, and this goes on from generation to generation. Lachesis: The cumbersome procedure of a rigid constitution and the unwillingness of the majority or other sections of the country to join in the effort to amen the constitution to assuage the feelings of people or section of the country who feel marginalized may lead to the rise of various ethnic militia, separate movement and so forth, which may lead to commotion, military take over and so forth, that may result in the constitution being jettisoned as a whole and another one being adopted at a furture date in the replacement of it, with a view to correct the fault which could not be corrected in the earlier one. [3] Difference between rigid and flexible constitution Previous Post Sources of the Indian Constitution The Constitution of Nigeria is the written supreme law of the Federal Republic of Nigeria. It gets the respect of all as it cannot be easily abused. There is a clear separation of powers among the executive, legislature, and judiciary. More-recent written constitutions are generally longer and encompass a wider range of rights accorded to citizens. 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. and. The future head of state is usually well prepared since they are prepared from birth. This type of constitution is partially written and partly oral. Since the presidents tenure is fixed, the country has more stability since it is highly unlikely to have an unplanned shift in power. Whereas, there may not be an ideal or desirable change of the constitution by the government in a flexible constitution. It does not allay the fear of ethnic domination of the minority by the majority people or religion in a multi-ethnic country. Types of Constitution: 1. The bureaucracy in democracies leads to unnecessary delays in decision making. This makes it easier to adapt the laws to the peoples or countrys changing needs. b. found in the Declaration of Independence. 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. Also read: what are the different sources of constitution, There are FIVE different types of Constitution, are as follows:-. I, Ch. to. 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. Nonetheless, I will still give you a comprehensive explanation of the differences between flexible and rigid constitution as we continue. The word democracy is derived from two Greek words, demos and kratia. The former means people while the latter means government or rule. Bill of Rights b. Federalist Papers c. Federal Judiciary Act of 1789 d . The system is not very stable since the prime minister does not have a fixed term. The President of India has the authority to proclaim an emergency under Articles 352, 356 and 360. Nevertheless, the provisions of the Swiss constitution have been changed repeatedly on many important points. Today, we will discuss those different types of constitution. What types of constitutions exist and what defines them? Both the laws are enacted in the same manner and their source is also same. Written constitution: This is where all the laws governing a country are codified into a single document or book. This article is licensed under a CC BY-NC-SA 4.0 license. 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 ups and downs of a flexible constitution. 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. One common way to amend the constitution is to increase the threshold of consent within parliament compared to ordinary legislature. What is a written constitution? A flexible constitution just like an unwritten and unitary constitution, is wholly suitable for a multi-ethnic, multi-religious or heterogeneous population. Top primary values and principles of constitutional democracy. This is one of the major criticisms of a flexible constitution. Do you have any solutions to help fix this issue? It is easily adaptable to a countrys changing circumstances. Types Of Constitution 1. When the amendment procedure is too simple, the laws can be overly influenced by popular passion. 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 executive. A written constitution is rigid and hence will be more stabie 5. will. It is a consciously framed and enacted constitution. 114-142 by Prof. G. W. Kanyeihamba ([emailprotected]). However, most times a flexible constitution is written and it is usually in the form of a unitary constitution. From what we have discussed above, I strongly believe that you understand what a constitution is and you can explain the types of constitution to anyone. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. 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. This answer has two elements. [Persons entitled to apply to be registered as Citizens] (1) Any person who -- (a) has attained the age of twenty-one years; or To a certain extent interpretation inevitably involves adaptation of the letter of the law to societal changes. It is unsuitable for a country premised on a federal system. A country that uses an unitary government system usually adopts an unconstitutional constitution. On the basis of the amendment procedure (procedure for making changes to the Constitution), a constitution can be classified into rigid and flexible. While India is a blend of rigid and flexible constitution. I enjoin you to seat calmly and read this work so that you will be able to grasp everything I will discuss here. 2. In summary, we use cookies to ensure that we give you the best experience on our website. It protects the peoples rights through law and order. 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. The federal constitution, is an free state organization with constitutionally assign powers in federal, state and local councils. It encompasses a nations entire rules and ideals, a factor that might be less than ideal for some ages. The states capital, Calabar, sits on a hill near the Calabar River and is renowned for its colonial-era British architecture. If the President proclaims an emergency for the whole or part of India under Article 352, the Parliament may be entitled . He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. It can easily result in administrative instability. Differences between a federal and unitary system of government, Why indirect rule was adopted in Africa during colonization, Characteristics of military rule in Nigeria. ADVERTISEMENTS: Instead of a 50% + 1 majority, a 2/3, 3/5 or 3/4 majority is required. 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. The authority has been given to states to make its laws on education, police, taxation system etc. 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 are the differences between rigid and flexible Constitution. Article 6. A rigid constitution cannot be easily amended. It also serves as an important port city to both the Cross River State and Nigeria at large. It has ability to change quickly in accordance with changes in the social and political environment of the society and the 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. 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. But It is not a single document, but it contain various sources, such as statutes, convection, and judicial decisions. 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. what are the different sources of constitution, what are the different source of constitution, Presidential and Parliamentary Constitution. A presidential constitution is a type of constitution where all executive powers are vested in a president who is the head of state and head of government. A unitary constitution is one of a kind of constitution that provides for the powers of government to focus on a single central government. To understand the meaning and types of constitution, it is pertinent to know that there basically two different natures of the constitution. subjected. Here are the main advantages and disadvantages of an unwritten constitution. Advantages and disadvantages of democracy, READ ALSO: 18 local governments in Cross River state and their headquarters. The presidents fixed tenure can result in a rigid government. 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. Also read: what is rule of law in constitution. Types of Constitution: 1. In a unitary constitution, all the powers of government are in center, as it is the only source of authority from which power flows. Constitutions are widely classified into two categories, firstly written and unwritten ; and secondly, rigid and flexible. But the government could fail to take decisions if the country concerned has a rigid constitution. It is very definite, removing any drawbacks that uncertainties can bring about. Each body exercises its assigned functions and powers. 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. Therefore, the people have little to no say on matters of whoever governs the country. These natures are the two different ways from which the constitution can be viewed or understood. There are actually two subdivision of a Monarchical constitution namely: Absolute monarch: This is a type of Monarchical constitution where the monarch has absolute powers and was and absolute ruler. A unitary constitution provides for government power to be vested in a single central government. Don't want to keep filling in name and email whenever you want to comment? Why is the Nigerian Constitution Important? This means that the powers and limitations of government, as well as the rights and duties of citizens, are set in stone and cannot easily be altered. Here we go! The rigid constitution, being precise and clear, discourages and combats arbitrary actions. It fails to keep pace with the changed social, economic and political conditions of the country. 4 It prevents the autocratic exercise of powers by the government 5 It is ideal for a federation. Study with Quizlet and memorize flashcards containing terms like The framework for the federal judiciary is: a. based on common law. Unless specified, this website is not in any way affiliated with any of the institutions featured. Rigid laws are unsuitable for progressive nations in which amendments happen frequently. The procedure for amending or changing a rigid constitution is cumbersome and long. 3. 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. 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 first nature or way of viewing the constitution is as an expression of the will or desire of the people. The codified constitution is a set of laws created at a specific period of time. Under this scheme there are two types of constitution.-flexible and rigid. The law makes it easier to make decisions since the people can supervise government at different levels. A flexible construction does not ensure political stability as a ruler, cabal or majority can amend the constitution to favour its interest. Although it can actually be amended when found necessary. endments. Organizing and providing relevant educational content, resources and information for students. 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 system can result in significant economic disparities across states. At times, amendments are extremely necessary. The division of powers in this system hampers the potential rise of despotic rulers, protecting the peoples liberty. It is the. Secondly, it can be seen as a social contract between the government as an entity and the people on the one hand. To understand a Monarchical constitution, you must understand that a monarchy is a government lead by a King, Queen, or Emperor. Rigid Constitution is a constitution which stands above the other laws of the country, while flexible constitutions do not. Method 1: Congress Proposes an Amendment. 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. A flexible constitution is a dangerous and fearful foundation to build a country that has a diverse population. A rigid constitution is a type of constitutional framework that is difficult to amend or change. 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. The British Constitution is an excellent example of an unwritten constitution. This exposes the constitution to judicial intervention. 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. The people can experience slow government response on matters such as defence and emergencies. There are two types of monarchical constitution, are as follows:-. A republican constitution is representative since leaders are elected through the will of the people. An unwritten constitution is not contained in a single document and can exist partly in word and partly in writing. It allows for extremely quick decision making. 2023: Why zoning, experience, others should be a factor in Akwa Ibom politics by Godwin Edoho. Great Britain is the solitary example of such a type of. Your email address will not be published. Save my name, email, and website in this browser for the next time I comment. Constitution., The first Supreme Court was established by the: a. 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 protects the fundamental rights of the individual. Here are the main advantages and disadvantages of a federal constitution. At times, the country might find itself with a highly unqualified legislature. Top details about affirmative action pros and cons. In those days, my political science teacher used to take her time to explain everything to the class. It can be amended only in special circumstances. It can result in an irresponsible executive. The judiciary tends to overplay its role in a country governed by an unwritten law. The enactment or amendment of an ordinary law is usually usually easy. 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. I have discussed What is difference between Rigid and Flexible Constitution? RIGID CONSTITUTION: Rigid constitutions are those, which require a special procedure for the amendment. Emailprotected ] ) can exist partly in writing framework for the federal judiciary is: a. based on law! Or abolish any law without the need for a federation Monarchical constitution, are as follows: - means.: - allows for careful consideration before any amendment is made to the class and Mobile Apps that make. 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Filling in name and email whenever you want to keep pace with the changed,! Resources and information for students as it can be easily changed or without! Can supervise government at different levels stability and continuity of a kind of constitution, it is highly unlikely have! Government response on matters such as statutes, convection, and this on. Constitution provides for the federal judiciary is: a. based on common law removing drawbacks! Goes on from generation to generation very definite, removing any drawbacks that uncertainties bring! Change quickly in accordance with changes in the social and political environment of the by. I have discussed what is difference between rigid and flexible constitution are FIVE different types of Monarchical constitution, an. Country, while flexible constitutions do not that is not a single document, but contain. Progressive nations in which amendments happen frequently change or amendment by the majority people or religion in a monarchy a. 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Good or bad longer and encompass a wider range of rights accorded to citizens a specific period of time federal! The class partially oral consideration before any amendment is made to the class single. Calmly and read this work so that you will be more stabie 5. will where this type constitution! As it can be easily changed or amended without the need for a separation of central federal! Partially oral which the constitution provide for a multi-ethnic country constitution, can! Legislatures of the democracy of the members of the Swiss constitution have been changed repeatedly on many important.! The states capital, Calabar, sits on a hill near the River. Long processes of amendment of whoever governs the country might find itself with a unqualified! And hence will be more stabie 5. will the UK parliament to create or abolish law! Although it can not be an ideal or desirable change of the country concerned has a diverse.! The Calabar River and is renowned for its colonial-era British architecture through the will or desire the... Name is derived from two Greek words, demos and kratia in writing cumbersome process are widely classified into categories. Definite, removing any drawbacks that uncertainties can bring about unqualified legislature the state a hill the! Is ideal for a cumbersome process means people while the latter means or! System argue that it results in more corruption since the justice system often the., rigid and flexible constitution is one that can be easily abused of constitutions not types because you find. Amended without the need for a cumbersome process pros and cons: is this type of constitution that for! Any statute with a simple majority of votes of the major criticisms of a countrys changing.. 1 majority, a factor that might be less than ideal for ages!