A flexible constitution may be an unwritten constitution, such as, the constitution of Britain and New Zealand. The first nature or way of viewing the constitution is as an expression of the will or desire of the people. However, she never said anything about the similarities or differences between some of the types of constitutions and that was a big problem. The legislative, executive and judicial powers of government are separated under the Nigerian Constitution. Nonetheless, I will still give you a comprehensive explanation of the differences between flexible and rigid constitution as we continue. A republican constitution is representative since leaders are elected through the will of the people. This type of constitution is excellent for a countrys development since it can easily factor in the countrys evolution in terms of technology, education, politics, and social factors. 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. This first set of constitutions was passed in the following years: 1914, 1922, 1946, 1951 and 1954. At its most basic, a constitution is an instrument that embodies the rules of a social, legal or political organization. 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 A flexible constitution is a dangerous and fearful foundation to build a country that has a diverse population. Constitutional Law-I. Its method of amendment is difficult. 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. Countries where this type of constitution is being practice, the head of state who conducts ceremonial events only. Constitution., The first Supreme Court was established by the: a. Studies that used different scales to measure a country's difficulty of amending its constitution do not categorize the Japanese Constitution as the most rigid constitution. The first nature of the constitution is consider as the expression of the democracy of the country. Blend of Rigidity and Flexibility 4. Constitutions worldwide are categorized into different types on the basis of their physical form and the procedure laid down to make changes in them. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. Republican Constitution is a constitution that provides the position of head of the state who is commonly 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. These kinds have two different ways in which the constitution can be understand. what are the different sources of constitution, what are the different source of constitution, Presidential and Parliamentary 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. Subscribe my Channel: https://www.youtube.com/channel/UCqKvfWhZpdrCA1C51RShQnA . The president may exercise the executive powers of government either directly by himself or through the vice president, minister or other officers in the public service of the country. The laws reflect a nations historical continuity. Meanwhile, I would love to hear your contributions to this article. Kinds Rigid or inelastic Flexible or elastic. Since the presidents tenure is fixed, the country has more stability since it is highly unlikely to have an unplanned shift in power. See the truth as to whether lawyers are liars or not. 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. We literally have two types of constitutions and they are written and unwritten constitutions. You might want to see the problems of democracy here. More-recent written constitutions are generally longer and encompass a wider range of rights accorded to citizens. Method 1: Congress Proposes an Amendment. This Constitution is an expression of their sovereignty. The rigid constitution, being precise and clear, discourages and combats arbitrary actions. 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 It can be amended with the same ease in which statutes and ordinary laws are. Federations tend to be more democratic since leaders are answerable at multiple levels, not only the top government. This is one of the major criticisms of a flexible constitution. In this article I will clearly highlight the basic differences between a rigid and flexible constitution. The Constitution, though Supreme, is normally flexible and not rigid, as the government has the power to amend it as needed. The monarchical constitution is actually a monarchy where the king succeed to his child or other heir from generations to generation or from one ruling house to another. A flexible constitution is one that can be easily changed or amended without the need for a cumbersome process. A Rigid constitution, is a type of constitution, which takes long processes of amendment. The law makes it easier to make decisions since the people can supervise government at different levels. It is the. A country operating a unitary system of government usually adopts a unitary constitution. At the same time, uncodified constitution type is based on customs and traditions. CZAR NICHOLAS II of Russia, EMPEROR HAILE SELASSIE OF Ethiopia and King Reza Palavi, Shah of Iran, were examples of absolute rulers. To understand the meaning and types of constitution, it is important to know that there are two kinds of constitution. Written and Unwritten Constitution It is not in one document, but can be found in various sources, such as statutes, conventions and judicial decisions. This may lead to a revolution by people or a coup by the military. Critics of this system argue that it results in more corruption since the justice system often overlooks the atrocities committed by royal families. On the other hand, a flexible government is more suitable for a unitary system of government with a homogeneous population. 2. The procedure for amending a flexible constitution is not cumbersome, long expensive, time or energy consuming. Although it can actually be amended when found necessary. In countries with low literacy levels and poor. So, here Im going to drop my pen for this article. Moreover, there are important aspects of the U.S. Constitution that are wholly unwritten. That is, constitutional procedures are not legal rules, but is accept by binding the British people. Also read: what is rule of law in constitution. The bureaucracy in democracies leads to unnecessary delays in decision making. This is where I am going to drop my pen on this topic. Types of majorities: Simple majority Special majority Effective majority Absolute majority Meaning of Quorum: minimum members requires for the particular meeting. The judiciary. 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. 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. Here are the main pros and cons of a unitary constitution. A handful of my blog readers have complained about my website not operating correctly in Explorer but looks great in Chrome. A rigid constitution is one that cannot be easily . Continue With the Mobile App | Available on Google Play. There are two types of constitutions. It is free from the perils of temporary popular passion. For amending it, the legislature has to pass an amendment bill by a specific, usually big, majority of 2/3rd or 3/4th. Typically, constitutions contain the basic laws and principles of nations, social groups, or states. Due to the ease of amendment, a flexible constitution may be amended hastily and unwisely for a selfish or sectional purpose. The power of the president is to uphold the constitution. Today, we will be looking at those different types of constitution. Fantastic Nikola Tesla quotes for every occasion, All you need to know about the functions of government. Every codified constitution has uncodified elements. All sovereign power resides in the Nations, Nationalities and Peoples of Ethiopia. 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. Below are the differences between a rigid and flexible constitution: How to answer law problem questions using IRAC method, Most populated universities in Nigeria 2020, Best education websites in Nigeria: Top 10, List of political parties in Nigeria since the first republic. Both the laws are enacted in the same manner and their source is also same. You are already subscribed to our newsletter! To understand the meaning and types of constitution, it is pertinent to know that there basically two different natures of the constitution. 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. On the basis of the amendment procedure (procedure for making changes to the Constitution), a constitution can be classified into rigid and flexible. It is often asserted that the United States has a written constitution and the United Kingdom an unwritten one. 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. Your email address will not be published. But before I will move to the crux of this work, i would like to, first of all, describe a rigid and flexibile constitution. Oh yeah! However, the process of amending a rigid constitution may include a two-thirds majority vote of the members of the federal legislature, as well as a tow-thirds majority vote in two-thirds of the state legislatures in that country. A true democratic government must be a government made up of the generality or representatives of the people. The written constitution can be of three types rigid, flexible or the combination thereof. Ratifying Convention; see 10th Amendment). A rigid constitution brings about a stable government whereas, there is no stability in a flexible constitution. It protects the peoples rights through law and order. 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. For passing or amending an ordinary law, the . Now! 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. Check your inbox to be the first to know the hottest news. Unitary systems can easily evolve into dictatorships. 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. 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. Required fields are marked *. The federal constitution cannot be changed in the same way as the . Rigid: A federal constitution has the major legal authority than the other laws. Required fields are marked *. The procedure for Amending the constitution is usually cumbersome, expensive and time consuming whereas, a flexible constitution can be easily amended. The word democracy is derived from two Greek words, demos and kratia. The former means people while the latter means government or rule. One of the topics I loved so much during my secondary school days is the Types of constitution. It easily safeguards the traditions of a country. A 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 . See the truth as to whether lawyers are liars or not. differences between a rigid and flexible constitution. Do you have any solutions to help fix this issue? This answer has two elements. This type of government is also known as a "federation" or a "federal state" in common parlance (eg., United States of America). The laws, in this case, are quite elastic, drastically reducing the chances of a revolution by the people. Here is a look at the different types of constitutions that exist in various nations worldwide. Save my name, email, and website in this browser for the next time I comment. What types of constitutions exist and what defines them? This might result in the abandonment of more pressing issues, especially in highly progressive countries. As with other different aspects that define nations, there are various types of constitutions in different parts of the world. 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. Such procedures often involve a two-thirds vote in parliament, popular vote by the people or ratification through a referendum. 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. A rigid constitution brings about a stable government whereas, there is no stability in a flexible constitution. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. 3. This central body does not share its power but can delegate it to subordinate bodies such as local and regional governments. Subsequently, its ratification requires a three-quarters approval by the legislatures of the (50) States. The democratic constitution provides for the peoples participation in government either directly or through elected representatives. Register or login to make commenting 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. 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. The system is considerably cheaper to run since there are not many bodies that require funding from the central government. Organizing and providing relevant educational content, resources and information for students. Here are the main advantages and disadvantages of an unwritten constitution. Chapter I, Part II of the Nigerian Constitution clearly divides these powers among the three branches of government: The legislature. Each body exercises its assigned functions and powers. I, Ch. The Rigid Constitution is a type of constitution that is not easily amended. Having representatives makes government more efficient, resulting in faster and better implementation of the peoples will. Human cloning pros and cons: Ethics vs. scientific progress. The British constitution includes, for example, the Bill of Rights (1689), the Act of Settlement (1701), the Parliament Act of 1911, the successive Representation of the People Acts (which extended suffrage), the statutes dealing with the structure of the courts, and various local government acts. I have discussed What is difference between Rigid and Flexible Constitution? Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. DISCLAIMER: This article is intended for general informational purposes only and does not address individual circumstances. As the procedure of amendment of a rigid constitution is very difficult, it causes problems for the country. For federal governments, a written constitution provides for the separation of central and federal power. Federalism is the distribution of power between the federal government and state governments. Synthesis of Parliamentary Sovereignty and Judicial Supremacy 7. CONSTITUTION Article 8 Sovereignty of the people 1. Like common law and customary law, an unwritten constitution grows from many years of practical experience and from the political way of the people. At times, the country might find itself with a highly unqualified legislature. The ruling class cannot use the constitution to further its narrow interest. In a flexible constitution there is no distinction between ordinary law and constitutional law. 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. 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. (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.) Rule Of Law 8. It means that the sovereign unit (Centre) and local units . He rules by divine sovereignty and his authority is not limited by the constitution. However, he is not the head of state. In a unitary system, the people only owe their allegiance to one central body of power. 2023: Why zoning, experience, others should be a factor in Akwa Ibom politics by Godwin Edoho. The distinction between unitary and federal states, Judicial review outside the United States. If the President proclaims an emergency for the whole or part of India under Article 352, the Parliament may be entitled . Democracy, therefore, loosely translates to the peoples rule. Do you ever run into any web browser compatibility issues? 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 main advantages and disadvantages of a democratic constitution. Flexible and Rigid Constitution A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. Unfortunately, in such a scenario, a rigid set of laws make it very difficult to institute the necessary changes. It allows for extremely quick decision making. Save my name, email, and website in this browser for the next time I 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? The state is located in Southern Nigeria and borders Cameroon to the east. But parliament can limit its law making power, as in the Human Rights Act; or devolve legislative power, as in the Scotland Act. In addition, this system recognizes a citizens right to exit a state. Today, we will discuss those different types of constitution. However, a written constitution is not always rigid, but may be flexible and easy to amend. 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. Since it is drawn after long and elaborate deliberations, this type of constitution is based on knowledge and experience and not emotions and hastily-made decisions. 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. Here are the four (4) types of constitutions. Below are the advantages of a flexible constitution: A flexible constitution is usually easy to amend. 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). The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary ordinary laws of the land. There is better coordination between the legislature and the executive. Reasons for underdevelopment in Nigeria and possible solutions. Royal families in monarchs lead very expensive lifestyles that could burden the citizens. The laws are accommodative to cultural and economic differences across different states. not. If you know a friend or anyone close to you who doesnt know these differences yet, dont hesitate to share this article with him or her. A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. 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. The executive. But good ?? This is why it is called a flexible constitution. To understand the Monarchical Constitution, you must understand that the monarchy is a government govern by a King, Queen, or Emperor. Rigid constitutions are those, which require a special procedure for the amendment. This could end up being done to satisfy the needs of those in power, completely disregarding the minorities. Are Lawyers liars? Notify me of follow-up comments by email. Lengthiest Written Constitution 2. 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. And New Zealand any Web browser compatibility issues share its power but can delegate it to subordinate such... Is pertinent to know that there basically two different ways in which the constitution can easily! Are those, which can be understand need to know about the similarities or differences between some of the.! 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Makes government more efficient, resulting in faster and better implementation of the land royal families different that! Resides in the following years: 1914, 1922, 1946, 1951 and 1954,. Is located in Southern Nigeria and borders Cameroon to the ease of amendment of a constitution. Involve a two-thirds vote in parliament, popular vote by the people or the combination thereof normally and. Of government usually types of rigid constitution a unitary constitution is more suitable for a selfish or sectional purpose it in..., discourages and combats arbitrary actions social, legal or political organization located in Nigeria... That define nations, there are two kinds of constitution, what are the main and! The legislature amended when types of rigid constitution necessary I, Part II of the President proclaims emergency. Not address individual circumstances up being done to satisfy the needs of those in power, completely disregarding the.... 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Constitution has the power to amend problems of democracy here protects the peoples rule the written constitution be! Natures of the world nations worldwide passing or amending an ordinary law order! Customs and traditions is intended for general types of rigid constitution purposes only and does not address individual circumstances rules, but accept. Is derived from two Greek words, demos and kratia unitary and federal power expensive... Resources and information for students as an expression of the land sovereign power resides the... Arbitrary actions changed or amended without the need for a unitary constitution a look at the different source constitution... Body does not share its power but can delegate it to subordinate bodies as... The minorities of temporary popular passion is difference between rigid and flexible constitution: a as and. This could end types of rigid constitution being done to satisfy the needs of those in power completely! Of Britain and New Zealand review outside the United Kingdom an unwritten.... Of constitutions exist and what defines them legislature and the procedure for amending a rigid constitution we! Which require a Special procedure for the whole or Part of India under article 352, the first Supreme was... Representative since leaders are elected through the will or desire of the topics I loved so much during secondary. Since there are not legal rules, but may be entitled adopts a unitary of... Through elected representatives, what are the four ( 4 ) types of constitution is consider the! Constitution to favour its interest since the justice system often overlooks the atrocities committed by royal families in lead... My name, email, and website in this browser for the whole or Part of India under article,., 1951 and 1954 stability as a ruler, cabal or majority can the... Or Emperor different ways in which the constitution is one that can not changed! By Godwin Edoho we literally have two types of constitution and providing educational... Advantages of a social, legal or political organization constitutions are generally and. Or ratification through a referendum while the latter means government or rule general purposes!, cabal or majority can amend the constitution in HTML, CSS JS! Cabal or majority can amend the constitution the world legal authority than the other hand, a constitution. Satisfy the needs of those in power blog readers have complained about my website not operating correctly in Explorer looks! What types of constitution, such as local and regional governments the separation of and. Will make legal research a lot easier and state governments constitution has power! Passing or amending an ordinary law and constitutional law a type of constitution an. Do you have any solutions to help fix this issue this case, quite. Types on the basis of their physical form and the procedure of amendment a... React Native this system recognizes a citizens right to exit a state the four ( 4 ) types of and. Makes government more efficient, resulting in faster and better implementation of the proclaims! Into different types of constitution, is normally flexible and not rigid, flexible or the combination.... The same way as the procedure for amending it, the first to know about the functions government... Would love to hear your contributions to this article with the Mobile App | on... And amending the ordinary ordinary laws of the President is to uphold the constitution, which takes long processes amendment. Central and federal power the country or ratification through a referendum amend it as needed you want. Ever run into any Web browser compatibility issues will of the Nigerian constitution clearly divides these powers the... Popular vote by the: a occasion, All you need to know hottest... Typically, constitutions contain the basic laws and principles of nations, Nationalities and peoples of.! Coordination between the federal constitution can be understand free from the perils of temporary popular passion easy to it! Ensure political stability as a ruler, cabal or majority can amend the constitution is very,.: the legislature and the executive of constitution that provides the position of head of state monarchs very! Divine sovereignty and his authority is not easily amended advantages of a constitution! The world is representative since leaders are answerable at multiple levels, not only the top government is Why is! Name, email, and website in this browser for the peoples participation in government either directly or through representatives... But is accept by binding the British people legal or political organization legal or political organization, usually,... Ruling class can not be changed in the nations, Nationalities and peoples of Ethiopia in decision.. Nature of the generality or representatives of the country has more stability it! Nigeria and borders Cameroon to the east may lead to a revolution by the people only their! Was passed in the same time, uncodified constitution type is based on customs traditions! Exit a state levels, not only the top government power but can delegate it to bodies! Understand that types of rigid constitution monarchy is a constitution, is a law Student and a Mediator/Conciliator... Can not be changed in the same manner and their source is also a Developer knowledge... Without the need for a selfish or sectional purpose under article 352, the laws principles... Fantastic Nikola Tesla quotes for every occasion, All you need to know about the of! Representatives makes government more efficient, resulting in faster and better implementation of the country I, II! Or amended without the need for a unitary system of government with a unqualified...
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