types of rigid constitution
The president has sweeping powers, a factor that may give rise to patronage when they appoint their close friends to powerful positions. Below are the advantages of a flexible constitution: A flexible constitution is usually easy to amend. It protects the rights of the minority through judicial systems. The division of powers in this system hampers the potential rise of despotic rulers, protecting the peoples liberty. 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. 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. Unless specified, this website is not in any way affiliated with any of the institutions featured. There are two types of Amendment procedures. Its current form was enacted on 29 May 1999 and inaugurated the Fourth Nigerian Republic. A flexible constitution just like an unwritten and unitary constitution, is wholly suitable for a multi-ethnic, multi-religious or heterogeneous population. 114-142 by Prof. G. W. Kanyeihamba ([emailprotected]). The power of the president is to uphold the constitution. A flexible constitution may be amended just like any statute with a simple majority of votes of the members of the parliament. The constitution can be quite expensive to implement, especially when it comes to electing people into office. The UK's constitution is unwritten as it hails from no single written document, but derives from a . Like common law and customary law, an unwritten constitution grows from many years of practical experience and from the political way of the people. A handful of my blog readers have complained about my website not operating correctly in Explorer but looks great in Chrome. Here are the main pros and cons of a parliamentary constitution. Even though I understood the meaning of all the types of constitution she thought, I was unable to differentiate between them. Difference between written and unwritten constitution 2. ALSO READ: Differences between a federal and unitary system of government. There can often be deadlocks 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. A flexible constitution by its nature does not protect the interest of minority, disadvantaged or despised people. In addition, this system recognizes a citizens right to exit a state. Kindly take note of this. A rigid constitution is usually in writing or a written constitution whereas, a flexible constitution may be in written or unwritten form. For federal governments, a written constitution provides for the separation of central and federal power. Not all monarchs are competent leaders. Here are the main advantages and disadvantages of a democratic constitution. There are different types of constitutions under the monarchical setup. The United Kingdoms constitution is flexible, because any of its constitutional institutions and rules can be abrogated or modified by an act of Parliament. The others are classifications of constitutions not types because you may find that some may be categorized under written and others under unwritten. It helps to ensure that amendment that is made to the constitution will be duly deliberated before it is made. Here are the four (4) types of constitutions. Here are the main upsides and downsides of a monarchical constitution. You are already subscribed to our newsletter! This may encourage the rise of dictatorship, as a person, or a cabal with dictatorial propensity may amend it to advance such desires. I enjoin you to seat calmly and read this work so that you will be able to grasp everything I will discuss here. Flexible and Rigid Constitution. On the basis of the amendment procedure (procedure for making changes to the Constitution), a constitution can be classified into rigid and flexible. This is why it is called a flexible constitution. In a flexible constitution there is no distinction between ordinary law and constitutional law. Each division has its constitutional powers and functions. Thus, the relative continuity of a countrys constitutional law does not depend entirely on the adoption of a rigid constitution, though such a constitution may make changes at times more complicated and difficult. Advantages and disadvantages of democracy, READ ALSO: 18 local governments in Cross River state and their headquarters. In the first instance, the constitution is seen as, first and foremost, and expression of the will of the people of the country. But parliament can limit its law making power, as in the Human Rights Act; or devolve legislative power, as in the Scotland Act. The need for amendment may be very urgent for country, but the attempt to amend a rigid constitution may fail. Rigid and flexible constitutions. A rigid constitution brings about a stable government whereas, there is no stability in a flexible constitution. There lacks a true separation of power in this system. The bureaucracy in democracies leads to unnecessary delays in decision making. 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. Written and Unwritten Constitution 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. There is a clear separation of powers among the executive, legislature, and judiciary. 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. Democracy, therefore, loosely translates to the peoples rule. Note: the strength of quorum in India is 1/10th of total members Simple majority: 50% +1 of members present and voting. 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. The distinction between unitary and federal states, Judicial review outside the United States. A flexible constitution is easily adaptable to meet the changing social, economic and political needs and developments of a country. In one sense this is true: in the United States there is a formal document called the Constitution, whereas there is no such document in the United Kingdom. It protects the peoples rights through law and order. process. It is important to note that most times, the prime ministers in the cabinet are all members of the same party or coalition equals. Under such a law, the judiciarys main role is only to see whether the law conforms to the provisions of the constitutions. Merely organizational constitutionsdocuments containing no guarantees of rights or prescriptions of goalsare now rare. It is a consciously framed and enacted constitution. A rigid constitution refers to a type of constitutional system in which it is difficult to amend or change the provisions of the constitution. The system is not very stable since the prime minister does not have a fixed term. Organizing and providing relevant educational content, resources and information for students. The British constitution is the best example of an unwritten constitution. It can be amended with the same ease in which statutes and ordinary laws are. It is not a substitute for professional advice or help and should not be relied on to make decisions of any kind. 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. ALSO READ: How to become a successful lawyer: 7 Important Qualities. [3] While they can be equipped with the necessary skills for many years, it does not necessarily mean that the person has the inborn will to lead people. There are FIVE different types of Constitution, are as follows:- Written and Unwritten Constitution Flexible and Rigid Constitution Unitary and Federal Constitution Presidential and Parliamentary Constitution Republic and Monarchical Constitution Written and Unwritten Constitution It is the. This might result in the abandonment of more pressing issues, especially in highly progressive countries. A constitution also lays principles to protect the human rights of its citizens. Unitary systems can easily evolve into dictatorships. Notify me of follow-up comments by email. I will be glad to hear from you! Rule Of Law 8. 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. be. This type of constitution is unsuitable for tiny countries. The process of amending a rigid constitution is different from the process of enacting and amending the common laws of the land. Don't want to keep filling in name and email whenever you want to comment? A rigid constitution brings about a stable government whereas, there is no stability in a flexible constitution. Great Britain is the solitary example of such a type of. What types of constitutions exist and what defines them? In those days, my political science teacher used to take her time to explain everything to the class. This continued until when I was about to represent my school in a political science competition. Rigid Constitution is a constitution which stands above the other laws of the country, while flexible constitutions do not. Constitutional Law-I. Supremacy of Constitution: The central and state governments must obey the constitution. The laws contained in it can be amended as simply as one would amend a statute, with a simple majority vote in parliament. 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. Here are the main ups and downs of a rigid constitution. Although courts may always review governmental action to guard against the arbitrary or unreasonable, the starting point must be a presumption . 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. In this article I will clearly highlight the basic differences between a rigid and flexible constitution. The system can result in significant economic disparities across states. 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. Every codified constitution has uncodified elements. Check your inbox to be the first to know the hottest news. Areas neglected for political reasons can be left out of development agendas. Nonetheless, I will still give you a comprehensive explanation of the differences between flexible and rigid constitution as we continue. Written and Unwritten constitution. Lachesis: Moreover, due to the cumbersome amendment procedures, the laws are less prone to changes resulting from peoples emotions. \(\overset{\underset{\mathrm{def}}{}}{=} \). The codified constitution is a set of laws created at a specific period of time. Democracies tend to be more accountable to the people. This kind of constitution can amend like any other law, by a simple vote of the members of parliament. 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. These kinds have two different ways in which the constitution can be understand. 2. According to Friedrick, "The great and . RIGID CONSTITUTION: Rigid constitutions are those, which require a special procedure for the amendment. This process results in unnecessary delays that do not exist in other forms of constitutions, such as monarchs. Having representatives makes government more efficient, resulting in faster and better implementation of the peoples will. Unfortunately, in such a scenario, a rigid set of laws make it very difficult to institute the necessary changes. In a unitary system, the people only owe their allegiance to one central body of power. Written Constitution: A written constitution refers to when the whole body of fundamental law, customs, . Types of Constitution: 1. The federal constitution does not tolerate infringement. However, the procedure for amending a rigid constitution may include an absolute majority. It allows for extremely quick decision making. 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). A parliamentary government is, in most cases, more responsible than a presidential government. A Constitution that has been systematically and meticulously written down and embodied in a single document is known as a Written 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. Required fields are marked *. As it is partially written and not partially not written, the British Constitution is based on a number of practices or convection. A rigid constitution is a constitution which has a cumbersome or long amendment procedure. The rigid constitution contributes to political stability. Kinds Rigid or inelastic Flexible or elastic. For this type, constitutional law can be amended in the same way as ordinary law. 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. Flexible and Rigid Constitution A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. The written constitution can be of three types rigid, flexible or the combination thereof. Required fields are marked *. An uwritten constitution is a type of constitution that is not contained in one single document. This is a lesson from the tutorial, Constitutions and you are encouraged to log Does the constitution provide for a separation of powers? It, therefore, leaves room for possible changes. 41 regulatory bodies in Nigeria and their functions. This is where I am going to drop my pen on this topic. 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 . But there is stability in government with a rigid constitution, since it cannot be easily changed to suit the interest of just one person. The Constitution, though Supreme, is normally flexible and not rigid, as the government has the power to amend it as needed. Such a constitution grows from years of experience and the political behaviour of people. differences between a rigid and flexible constitution. Rigidity lends legitimacy to the constitution. Therefore, relying on the popular passion for amending the countrys laws can result in disharmony and imbalance. 21. This is especially true when people elect suitable leaders who represent their interests. The procedure for amending or changing a rigid constitution is cumbersome and long. Do you ever run into any web browser compatibility issues? 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. Reasons for underdevelopment in Nigeria and possible solutions. 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. Here are the main advantages and disadvantages of a written constitution. A Constitution refers to a system of laws and principles that act as a basis for governance in a country. Typically, this type of law is rigid but can still be amended when necessary. A rigid constitution cannot be easily amended. This first set of constitutions was passed in the following years: 1914, 1922, 1946, 1951 and 1954. 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. Unlike the unitary system, the countrys power is shared among local, state, and federal bodies. As the procedure of amendment of a rigid constitution is very difficult, it causes problems for the country. Constitutions worldwide are categorized into different types on the basis of their physical form and the procedure laid down to make changes in them. There is better coordination between the legislature and the executive. Rigid Constitutionis aconstitutionwhich stands above the other laws of the country, while flexible constitutions do not. It can result in an irresponsible executive. CZAR NICHOLAS II of Russia, EMPEROR HAILE SELASSIE OF Ethiopia and King Reza Palavi, Shah of Iran, were examples of absolute rulers. Subsequently, its ratification requires a three-quarters approval by the legislatures of the (50) States. It is premised on stability and performance. This type of constitution can easily be tempered with and may change easily. For example, theConstitution of Australia is rigid, while theBritish Constitutionand theIsraeli Constitutionare flexible. A republican constitution provides for the position of a head of state, typically elected by the people for a fixed term in office. 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. 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. 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. Typically, constitutions contain the basic laws and principles of nations, social groups, or states. Eventually, state-centred decisions overtake national interests. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. Top 5 causes of the current religious crisis in Nigeria and possible solutions. Countries where this type of constitution is being practice, the head of state who conducts ceremonial events only. In contrast, the constitution of India extends to hundreds of pages. Article 368 of the Indian Constitution provides the procedure of Amendment. When the amendment procedure is too simple, the laws can be overly influenced by popular passion. Nevertheless, a rigid constitution does not by itself guarantee the stability and continuity of a countrys constitutional law. Save my name, email, and website in this browser for the next time I comment. It has ability to change quickly in accordance with changes in the social and political environment of the society and the state. 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. 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. Bill of Rights b. Federalist Papers c. Federal Judiciary Act of 1789 d . Federal System with Unitary Bias 5. Therefore, the people have little to no say on matters of whoever governs the country. It has been criticized as being vague and indefinite. This is equally an eye opener to young students all over the world on this topic. Such constitutions are written with the combined knowledge and experience of learned people, resulting in improved efficiency. On the other hand, a federal one provides for an association of states in which power is shared. It is unlike a rigid 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. Here are the main advantages and disadvantages of a republican constitution. A parliamentary constitution is one in which the executive powers are vested in a prime minister who is the head of government and the head of the majority party. 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