Types of constitution. A flexible constitution is one that can be easily changed or amended without the need for a cumbersome process. Although it can actually be amended when found necessary. There are different types of constitutions under the monarchical setup. Written Constitution: A written constitution refers to when the whole body of fundamental law, customs, . The ordinary person cannot refer to any particular document to understand governance. The federal constitution, is an free state organization with constitutionally assign powers in federal, state and local councils. 3. 2. For example, theConstitution of Australia is rigid, while theBritish Constitutionand theIsraeli Constitutionare flexible. The powers of different form of government are often describe in the constitutional order of the organization. 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. 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). ALSO READ: Features of Democracy: See the major features of democracy. Due to its overly flexible nature, the rules in this constitution keep on changing. There you have the major differences between a rigid and flexible constitution. Its current form was enacted on 29 May 1999 and inaugurated the Fourth Nigerian Republic. Required fields are marked *. 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. Blend of Rigidity and Flexibility 4. Primarily, the Constitution mentions three types of emergency - national emergency, state emergency and financial emergency. This could end up being done to satisfy the needs of those in power, completely disregarding the minorities. The state is located in Southern Nigeria and borders Cameroon to the east. The U.S. Constitution, at roughly 7,000 words, is a model of brevity, and many constitutions in Western countries are only slightly longer. The ruling class cannot use the constitution to further its narrow interest. Cookies are small files that are stored on your browser. so that you can track your progress. Like common law and customary law, an unwritten constitution grows from many years of practical experience and through human political approach. Be the first to get hottest news from our Editor-in-Chief, Check your email and confirm your subscription. Check your inbox to be the first to know the hottest news. Constitutions are widely classified into two categories, firstly written and unwritten ; and secondly, rigid and flexible. It is very definite, removing any drawbacks that uncertainties can bring about. A flexible constitution is, which can be easily amend or change without a complicate process. Nevertheless, there are no completely codified and uncodified constitutions. In a flexible constitution there is no distinction between ordinary law and constitutional law. 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. Please clarify this, I am really much obliged comrade for the information rendered about the types of constitutions but my colleague seems to be right. ALSO READ: How to become a successful lawyer: 7 Important Qualities. This type of constitution is partially written and partially oral. A Constitution refers to a system of laws and principles that act as a basis for governance in a country. Every codified constitution has uncodified elements. 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). However, the procedure for amending a rigid constitution may include an absolute majority. The Supreme Court has declared government regulation should be scrutinized very strictly when it infringes on a protected liberty (like procreation or marriage) or a protection action (like political speech), or when it unfairly discriminates against a protected class (like race or national origin). This is equally an eye opener to young students all over the world on this topic. 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. Types of Constitution: 1. In summary, we use cookies to ensure that we give you the best experience on our website. In Switzerland, for example, amendments to the federal constitution of 1874 are proposed by the legislature or by a petition of 100,000 citizens and require for their approval a majority vote in a national referendum and ratification by a majority of voters in each of a majority of the cantons. This time of constitution is good for a small country, kindred people or a homogeneous population. Supremacy of Constitution: The central and state governments must obey the constitution. Constitutions are widely classified into two categories, firstly written and unwritten ; and secondly, rigid and flexible. Don't want to keep filling in name and email whenever you want to comment? Whereas, there may not be an ideal or desirable change of the constitution by the government in a flexible constitution. 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. Their sovereignty shall be expressed through their representatives elected in accordance with this Constitution and through their direct democratic Continuing the comparison between the British and American constitutions, a further constitutional classification is possible: monarchical and republican. This continuity has been ensured by a broad consensus between the crown, political leaders, and citizens that such principles are crucial to the countrys constitutionnot by the existence of any institutional obstacles to changing them. A state with such a constitution, he observed, is at best in the disagreeable position of a British traveler whom a hospitable Chinese entertainer has constrained to eat a dinner with chopsticks. It will be nice to hear from you! Eventually, state-centred decisions overtake national interests. The division of powers in this system hampers the potential rise of despotic rulers, protecting the peoples liberty. To understand the Monarchical Constitution, you must understand that the monarchy is a government govern by a King, Queen, or Emperor. Here are the main ups and downs of a rigid constitution. In particular, proposed amendments to the Constitution and other types of constitutional laws (see Question 1) must undergo two successive debates in each House of . Federations tend to be more democratic since leaders are answerable at multiple levels, not only the top government. The procedure for amending or changing a rigid constitution is cumbersome and long. Article 6. A rigid constitution always lead to an ideal and desirable change or amendment by the government. A republican constitution provides for the position of a head of state, typically elected by the people for a fixed term in office. 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. [Persons entitled to apply to be registered as Citizens] (1) Any person who -- (a) has attained the age of twenty-one years; or Rigid constitution: it is the exact opposite of the flexible constitution. Constitution., The first Supreme Court was established by the: a. Both the laws are enacted in the same manner and their source is also same. A. V. Diceydefines a rigid constitution as one under which certain laws, calledconstitutional lawsorfundamental lawscannot be changed in the same manner as ordinary laws. A rigid constitution set forth specific legal/constitutional obstacles to be overcome before it may be amended, such as special approval of the people by referendum, a supermajority or special majority in thelegislature, or both. At times, the country might find itself with a highly unqualified legislature. Below are the advantages of a flexible constitution: A flexible constitution is usually easy to amend. Since the monarch is not a politician, they can remain neutral on matters that otherwise cause divisions. 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. But good ?? 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 republican system is democratic since people elect their rulers and can question them or vote them out. Top primary values and principles of constitutional democracy. 2. The judiciary tends to overplay its role in a country governed by an unwritten law. This type of constitution is unsuitable for tiny countries. This is the ultimate law-making power vested in the UK parliament to create or abolish any law. 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. The Rigid Constitution is a type of constitution that is not easily amended. It may also face a rebellion or a revolution. The constitution can be quite expensive to implement, especially when it comes to electing people into office. Defects of Unwritten Constitutions :-Unwritten constitutions, like those of the rigid type, have elements of weakness. This provision often results in highly contested elections, a potential trigger for violence and rebellion. 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. On the other hand, a rigid constitution has elaborate, and at times cumbersome, procedures that govern any amendments. Your browser seems to have Javascript disabled. 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. Nevertheless, statutes and common-law principles of constitutional import cannot be changed as easily as other statutes and rules and are generally treated as permanent. However, she never said anything about the similarities or differences between some of the types of constitutions and that was a big problem. ALSO READ: Differences between a federal and unitary system of government. Also he holds limited powers. To understand the meaning and types of constitution, it is pertinent to know that there basically two different natures of the constitution. A rigid constitution is usually a written constitution, spelling out the powers and duties of the arms of government and the rights and duties of the constituent parts of the country and the individuals. On the other hand, a rigid constitution is a type of constitution, which has a cumbersome or long amendment procedures. It can be amended with the same ease in which statutes and ordinary laws are. Here are the main pros and cons of a unitary constitution. There is a clear separation of powers among the executive, legislature, and judiciary. But there is stability in government with a rigid constitution, since it cannot be easily changed to suit the interest of just one person. ALSO READ: Richest pastors in the world currently: Top 10. Having representatives makes government more efficient, resulting in faster and better implementation of the peoples will. Also read: what is rule of law in constitution. 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. Integrated and Independent Judiciary 9. The future head of state is usually well prepared since they are prepared from birth. It has been criticized as being vague and indefinite. 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. According to Friedrick, "The great and . Absolute monarch: This is one in which the monarch has absolute powers of governance. Moreover, there are important aspects of the U.S. Constitution that are wholly unwritten. Such procedures often involve a two-thirds vote in parliament, popular vote by the people or ratification through a referendum. Normative constitutions predominate in the United States, Australia, Canada, Japan, and the countries of western Europe, while nominal constitutions are common in countries ruled by a one-person or a one-party dictatorship or by a military junta. As it is partially written and not partially not written, the British Constitution is based on a number of practices or convection. The president has sweeping powers, a factor that may give rise to patronage when they appoint their close friends to powerful positions. 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. For this type, constitutional law can be amended in the same way as ordinary law. A country that uses an unitary government system usually adopts an unconstitutional constitution. Here is a look at the different types of constitutions that exist in various nations worldwide. This type of government is also known as a "federation" or a "federal state" in common parlance (eg., United States of America). differences between a rigid and flexible constitution. On the other hand, a written constitution is a type of constitution that is contained in a single document and can be easily procured and consulted on any issue covered by it. b. found in the Declaration of Independence. This is one of the major advantages of a flexible constitution you should know. The constitutions of USA, Australia and Switzerland are the example of a rigid constitution. The great majority of countries have rigid constitutions. Lengthiest Written Constitution 2. A flexible constitution just like an unwritten and unitary constitution, is wholly suitable for a multi-ethnic, multi-religious or heterogeneous population. The president then has the liberty to exercise his powers directly or through his deputy president, cabinet secretaries, or other officers. The power of the president is to uphold the constitution. Advantages of a rigid constitution include: 1 It is a source of stability in administration 2 It maintains continuity in administration 3 It cannot become a tool in the hands of the party exercising the state's power at a particular time. 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. That is, a government with a heterogeneous population. It protects the peoples rights through law and order. The best example of this is the British constitution. 24. A written constitution, is a type of constitution which contain a single document and can be easily obtain and negotiate on any subject under discussion. Democracy is a government of the people, who participate in government either directly, or through representatives. The United Kingdoms constitution is flexible, because any of its constitutional institutions and rules can be abrogated or modified by an act of Parliament. Countries that have rigid constitution includes: United States, Canada, France, Ghana, Nigeria, Sierra Leone, South Africa etc. Each sphere of government exercises its constitutionally assign powers and functions. 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. Constitution to the particular governmental action under review. These kinds have two different ways in which the constitution can be understand. You are already subscribed to our newsletter! Conventionally, a democratic government should reflect the peoples generality and must be created and installed by the people. A written constitution is enacted on a specific date by a particular body, which is specially designed for its adoption and enactment. Written constitution is not flexible in nature because of its complex amendment system. Although courts may always review governmental action to guard against the arbitrary or unreasonable, the starting point must be a presumption . It allays the fear of ethnic domination by majority people in multi-ethnic country like Nigeria because guarantees, such as the fundamental human rights, federal character and so forth, which have been enshrined in the constitution for the protection of the minorities, cannot be easily amended and thrown away to their detriment. A handful of my blog readers have complained about my website not operating correctly in Explorer but looks great in Chrome. It is easily adaptable to a countrys changing circumstances. In this type, the constitution may be written or mainly based on agreements. Article 368 of the Indian Constitution provides the procedure of Amendment. 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. to. This may encourage the rise of dictatorship, as a person, or a cabal with dictatorial propensity may amend it to advance such desires. It is the. Oh yeah! Does the constitution provide for a separation of powers? The US constitution is an exemplary rigid constitution, for a proposal of constitutional amendment requires a two-thirds majority vote in both Houses of the Congress: the House of Representatives (435 members) and the Senate (100 Senators). Flexible and Rigid Constitution A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. There is better coordination between the legislature and the executive. The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary laws of the land. At times, unwritten laws can result in considerable instability. The laws reflect a nations historical continuity. In a federal system, a person can compare political, social, and economic systems in different states and relocate to one they find more suitable. 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. When the amendment procedure is too simple, the laws can be overly influenced by popular passion. It also serves as an important port city to both the Cross River State and Nigeria at large. The system can result in significant economic disparities across states. Nonetheless, I will still give you a comprehensive explanation of the differences between flexible and rigid constitution as we continue. At times, amendments are extremely necessary. This is where I am going to drop my pen on this topic. 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. A rigid constitution is a constitution which has a cumbersome or long amendment procedure. This process results in unnecessary delays that do not exist in other forms of constitutions, such as monarchs. Democracies often have high levels of corruption since they are primarily based on electoral competition. It is quite difficult to amend, making it too rigid. 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. A true democratic government must be a government made up of the generality or representatives of the people. MUST READ: Highest paying law firms in Nigeria 2020. subjected. Are Lawyers liars? It is not in one document, but can be found in various sources, such as statutes, conventions and judicial decisions. In most cases, the head of state is known as the president. The laws are accommodative to cultural and economic differences across different states. It is unlike a rigid constitution. This means that any changes or modifications to the constitution must go through a strict and rigorous process, which can be lengthy and time-consuming. 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. This first set of constitutions was passed in the following years: 1914, 1922, 1946, 1951 and 1954. Reasons for underdevelopment in Nigeria and possible solutions. Unitary systems can easily evolve into dictatorships. Each body exercises its assigned functions and powers. In other words, the concept of constitution is basically for the best interest of the people first. This has led to questions over the balance of power between national and state governments. On the other hand, in rigid constitutions, people can easily feel that the current laws do not address their needs and turn to revolutions to get their way. He rules by divine right and his powers were not limited by the constitution if any. Study with Quizlet and memorize flashcards containing terms like The framework for the federal judiciary is: a. based on common law. Written and Unwritten constitutionA 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 written constitution can be produced and shown as a . In this article I will clearly highlight the basic differences between a rigid and flexible constitution. It, therefore, leaves room for possible changes. This might result in the abandonment of more pressing issues, especially in highly progressive countries. The constitution of 1946 was passew when the Westminster Style Parliamentary Constitution was enacted in the country. We literally have two types of constitutions and they are written and unwritten constitutions. In a unitary constitution, all the powers of government are in center, as it is the only source of authority from which power flows. In his classic work on the difficulties of the amendment process, Donald Lutz ranked the U.S. Constitution as the most rigid one, and the Japanese Constitution as tenth . Like common law and customary law, an unwritten constitution grows from many years of practical experience and from the political way of the people. Im really loving the theme/design of your weblog. Merits of Flexible Constitution. Great Britain is the solitary example of such a type of. Legit.ng recently explore the 18 local governments in Nigerias Cross River State. See the truth as to whether lawyers are liars or not. A written constitution is rigid and hence will be more stabie 5. will. Under a unitary system, most people look up to the government to initiate and implement development initiatives, a fact that could stifle local initiatives. ALSO READ: Differences between a rigid and flexible constitution. However, if you have a questions you can ask about this topic, do not hesitate to post it using the comments section. Top 5 causes of the current religious crisis in Nigeria and possible solutions. Federalism is a type of government in which the sovereign authority of political power is usually divided between two units. endments. Written and Unwritten constitution. Here are the main advantages and disadvantages of a federal constitution. The first nature or way of viewing the constitution is as an expression of the will or desire of the people. A republican constitution is representative since leaders are elected through the will of the people. The word democracy is derived from two Greek words, demos and kratia. The former means people while the latter means government or rule. Countries where this type of constitution is being practice, the head of state who conducts ceremonial events only. Do you have any solutions to help fix this issue? 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