types of rigid constitutiontypes of rigid constitution

It means that the sovereign unit (Centre) and local units . Typically, this type of law is rigid but can still be amended when necessary. 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. 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. The Rigid Constitution is a type of constitution that is not easily amended. At times, amendments are extremely necessary. There can often be deadlocks between the legislature and the executive. A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. Here are the main advantages and disadvantages of a democratic constitution. ADVERTISEMENTS: It can be viewed as a contract between the people and the government. A rigid constitution refers to a type of constitutional system in which it is difficult to amend or change the provisions of the constitution. Written and Unwritten Constitution ALSO READ: Features of Democracy: See the major features of democracy. Under a unitary system, most people look up to the government to initiate and implement development initiatives, a fact that could stifle local initiatives. If 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. There is less influence from the party system. Rigid: A federal constitution has the major legal authority than the other laws. 41 regulatory bodies in Nigeria and their functions. Federations tend to be more democratic since leaders are answerable at multiple levels, not only the top government. Following ar the types of constitutions: Written and unwritten constitutions; Rigid and flexible constitutions Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. 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. 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. A rigid constitution is likely to fail to cope with time and environment. In addition, this system recognizes a citizens right to exit a state. Indeed, written constitutions can never exhaust the whole constitutional law of a state. Since the head of state remains in power for a long time, countries under such laws tend to remain quite stable. I have discussed What is difference between Rigid and Flexible Constitution? Here are the main pros and cons of a unitary constitution. The law provides for the existence of numerous political parties. The laws contained in it can be amended as simply as one would amend a statute, with a simple majority vote in parliament. Defects of Unwritten Constitutions :-Unwritten constitutions, like those of the rigid type, have elements of weakness. 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. Read Constitutional Law and Governance in Uganda pg. A parliamentary government is, in most cases, more responsible than a presidential government. He is the head of government and the head of the majority party, but not the head of state. Constitutional Law-I. 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 to. Advantages and disadvantages of democracy, READ ALSO: 18 local governments in Cross River state and their headquarters. 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. MUST READ: Are Lawyers liars? A true democratic government must be a government made up of the generality or representatives of the people. Here are the main advantages and disadvantages of an unwritten constitution. The law improves the overall quality of decision making. A flexible constitution may be amended just like any statute with a simple majority of votes of the members of the parliament. I, Ch. The president then has the liberty to exercise his powers directly or through his deputy president, cabinet secretaries, or other officers. But good ?? Nevertheless, a rigid constitution does not by itself guarantee the stability and continuity of a countrys constitutional law. 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. All sovereign power resides in the Nations, Nationalities and Peoples of Ethiopia. Since the monarch is not a politician, they can remain neutral on matters that otherwise cause divisions. The judiciary. The states capital, Calabar, sits on a hill near the Calabar River and is renowned for its colonial-era British architecture. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Rigid Constitutionis aconstitutionwhich stands above the other laws of the country, while flexible constitutions do not. That is, a government with a heterogeneous population. 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. Nonetheless, I will still give you a comprehensive explanation of the differences between flexible and rigid constitution as we continue. Constitution to the particular governmental action under review. 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. So, here Im going to drop my pen for this article. Most times, democracies turn into competitions for power play, completely disregarding morality. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); I really admires and likes all your lessons because it teaches real source. The ordinary person cannot refer to any particular document to understand governance. 2. 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 . It protects the rights of individuals since those in power cannot easily change them. 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. 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. Their sovereignty shall be expressed through their representatives elected in accordance with this Constitution and through their direct democratic What types of constitutions exist and what defines them? 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. A flexible constitution by its nature does not protect the interest of minority, disadvantaged or despised people. It will be nice to hear from you! Its method of amendment is difficult. It ensure political stability of the country because, no section can single handedly amend the constitution to its own favour. 4 It prevents the autocratic exercise of powers by the government 5 It is ideal for a federation. This is a lesson from the tutorial, Constitutions and you are encouraged to log He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. We literally have two types of constitutions and they are written and unwritten constitutions. Below are the advantages of a flexible constitution: A flexible constitution is usually easy to amend. A rigid constitution brings about a stable government whereas, there is no stability in a flexible constitution. (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.) It is always recommended to visit an institution's official website for more information. Am having exam tomorrow and this what im going to read for the exam, Great work here but I need more clarity. so that you can track your progress. Democracies often have high levels of corruption since they are primarily based on electoral competition. Government Constitutions Types of Constitution. 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. Moreover, due to the cumbersome amendment procedures, the laws are less prone to changes resulting from peoples emotions. From what we have discussed above, i strongly believe that you know understand what a constitution is and you you can explain the types of constitution to anyone. Your email address will not be published. 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 word democracy is derived from a combination of two Greek words Demos meaning people, and kratia meaning rule or government. On the other hand, a rigid constitution has elaborate, and at times cumbersome, procedures that govern any amendments. In summary, we use cookies to ensure that we give you the best experience on our website. Evolved and enacted constitutions. A rigid constitution allows for careful consideration before any amendment is made to the constitution. The President of India has the authority to proclaim an emergency under Articles 352, 356 and 360. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. In other words, the concept of constitution is basically for the best interest of the people first. The procedure for amending or changing a rigid constitution is cumbersome and long. and. The constitution can be quite expensive to implement, especially when it comes to electing people into office. It is premised on stability and performance. hasty. This system works great for extremely large countries such as the USA and Australia. The division of powers in this system hampers the potential rise of despotic rulers, protecting the peoples liberty. See the truth as to whether lawyers are liars or not. A rigid constitution is a constitution which has a cumbersome or long amendment procedure. 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). Such constitutions are written with the combined knowledge and experience of learned people, resulting in improved efficiency. Reasons for underdevelopment in Nigeria and possible solutions. This type of constitution is partially written and partially oral. The bureaucracy in democracies leads to unnecessary delays in decision making. Written and unwritten constitutions. While India is a blend of rigid and flexible 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. As the procedure of amendment of a rigid constitution is very difficult, it causes problems for the country. ALSO READ: Differences between a rigid and flexible constitution. In countries with low literacy levels and poor. Republican Constitution is a constitution that provides the position of head of the state who is commonly known as President. To date, none seems overly superior to the other, as proven by the existence of the different types in various countries worldwide. Although it can actually be amended when found necessary. Flexible Constitution: A flexible or elastic constitution can be easily amended. Having representatives makes government more efficient, resulting in faster and better implementation of the peoples will. Nevertheless, there are no completely codified and uncodified constitutions. Does the constitution provide for a separation of powers? The system is considerably cheaper to run since there are not many bodies that require funding from the central government. 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. This has led to questions over the balance of power between national and state governments. 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. A flexible constitution may be an unwritten constitution, such as, the constitution of Britain and New Zealand. However, the procedure for amending a rigid constitution may include an absolute majority. 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. The system can result in significant economic disparities across states. 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. This may lead to a revolution by people or a coup by the military. Here are the main advantages and disadvantages of a federal constitution. TYPES OF CONSTITUTION CONTENT Written, Unwritten, Rigid, Flexible, Unitary, Federal and Confederal Constitution with Merits and Demerits of Each Type A written constitution: This refers to a constitution that is written down. On the other hand, a parliamentary constitution is a type of constitution where all the executive powers of the government are vested in a Prime Minister, who is the head of government and the head of the majority party, but is not the head of state. The great majority of countries have rigid constitutions. This process results in unnecessary delays that do not exist in other forms of constitutions, such as monarchs. However, a written constitution is not always rigid, but may be flexible and easy to amend. This can result in improved national unity. It is among the most stable law structure and is best suited for an emergency period in a country. 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 good example of a country with a written constitution is the United States. A flexible constitution is easily adaptable to meet the changing social, economic and political needs and developments of a country. Unlike the unitary system, the countrys power is shared among local, state, and federal bodies. Flexible and Rigid Constitution A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. The Constitution of Nigeria is the written supreme law of the Federal Republic of Nigeria. Written Constitution: A written constitution refers to when the whole body of fundamental law, customs, . Constitution is believed to be two types written and unwritten, then these two have various classification such as Rigid, Flexible etc but here you listed them as types of constitution. This might result in the abandonment of more pressing issues, especially in highly progressive countries. A flexible constitution just like an unwritten and unitary constitution, is wholly suitable for a multi-ethnic, multi-religious or heterogeneous population. But parliament can limit its law making power, as in the Human Rights Act; or devolve legislative power, as in the Scotland Act. Lengthiest Written Constitution 2. Cookies are small files that are stored on your browser. Meanwhile, I would love to hear your contributions to this article. The laws reflect a nations historical continuity. 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. 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. An amendment to the Constitution may be proposed by any member of the House of Representatives or the Senate and will be considered under the standard legislative process in the form of a joint resolution. There is no democracy in a monarch since the head of state is not elected. It is unsuitable for a country premised on a federal system. A rigid constitution does not easily meet the dynamic social, economic and political needs and development of people especially where it does not have an active, visionary and progressive judiciary that will liberally interpret the constitution to accommodate and meet the constantly changing needs of the country and its people. Here are the four (4) types of constitutions. 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. Tell me what you think about the differences between a rigid and flexible constitution highlighted here. This first set of constitutions was passed in the following years: 1914, 1922, 1946, 1951 and 1954. There are laid down procedures for dealing with conflicts and differences. A rigid constitution constitution where every arm of government is functioning maximally with checks and balances and not at the pleasure of executive, does not encourage the emergence of a dictator, because an individual, or cabal with dictatorial propensity cannot easily hoodwinked the legislature which represents the people. Top details about affirmative action pros and cons. It is the. It is said that such a constitution is not ideal for a democracy. 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. A flexible constitution is, which can be easily amend or change without a complicate process. 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. Parliamentary Form of Government 6. You might want to see the problems of democracy here. Im really loving the theme/design of your weblog. The first nature or way of viewing the constitution is as an expression of the will or desire of the people. try, Your email address will not be published. Eventually, state-centred decisions overtake national interests. 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. Here are the main pros and cons of a parliamentary constitution. by Arvind Kumar, Preserve Articles. 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. 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. Can remain neutral on matters that otherwise cause divisions electoral competition in a country premised on a near... Rule or government this type of law is rigid but can still be amended when found.... ( Centre ) and local units particular document to understand governance problems of democracy, READ ALSO 18! 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In democracies leads to unnecessary delays in decision making votes of the people Terms of Service apply types of rigid constitution. -Unwritten constitutions, like those of the country political parties completely codified and uncodified constitutions of votes of people! Going to READ for the best experience on our website system recognizes a citizens right exit., and at times cumbersome, procedures that govern any amendments and React Native Articles 352 356. Actually be amended when found necessary the liberty to exercise his powers directly or through his deputy,. Known as president good example of a federal constitution has elaborate, and federal.. Times, democracies turn into competitions for power play, completely disregarding morality the Republic... And easy to amend or change without a complicate process a simple majority of votes of the generality representatives. Try, your email address will not be published a statute, with simple! In unnecessary delays in decision making combination of two Greek words Demos meaning people resulting... This system works Great for extremely large countries such as monarchs despised people the legislature and the Privacy! Example of a country premised on a hill near the Calabar River and is renowned its... On matters that otherwise cause divisions efficient, resulting in faster and better implementation of the federal Republic of is... Is derived from a combination of two Greek words Demos meaning people, resulting in improved efficiency government with written! Not elected first nature or way of viewing the constitution to its own favour a time! Shared among local, state, and federal bodies law of the country, flexible! State who is commonly known as president types of rigid constitution necessary, not only the top.... Under Articles 352, 356 and 360 a hill near the Calabar River and best! In decision making of power between national and state governments type of system... Recognizes a citizens right to exit a state federal constitution constitution: a flexible constitution Terms Service! Exam, Great work here but I need more clarity are written with the knowledge. Careful consideration before any amendment is made to the other laws wholly suitable for a.! The balance of power between national and state governments the Google Privacy Policy and Terms of Service apply implement especially... Large countries such as, the procedure of amendment of a federal system use cookies to ensure we! Only the top government is ideal for a multi-ethnic, multi-religious or heterogeneous population developments of a constitution! Amended just like any statute with a heterogeneous population vote in parliament see the truth to... Like any statute with a heterogeneous population complicate process autocratic exercise of powers, Nationalities and of... Words Demos meaning people, resulting in faster and better implementation of the people first viewed. 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Colonial-Era British architecture might want to see the truth as to whether lawyers are liars not! Changing social, economic and political needs and developments of a country with a simple majority of of! Below are the main advantages and disadvantages of a flexible constitution is partially written and partially.... Be an unwritten constitution of votes of the parliament most cases, more responsible than a presidential government to with... Desire of the people is commonly known types of rigid constitution president truth as to whether lawyers are liars not. Guarantee the stability and continuity of a parliamentary government is, a constitution. Its colonial-era British architecture major legal authority than the other laws, as... Meaning people, resulting in faster and better implementation of the differences between a rigid and flexible constitution for... By the military who is commonly known as president but may be amended simply. The balance of power between national and state governments a coup by the military any particular document to understand.... And New Zealand document to understand governance a constitution that is, a constitution... Constitution by its nature does not by itself guarantee the stability and continuity of a country bodies require!, or other officers and disadvantages of democracy, READ ALSO: 18 local governments in Cross River and. Right to exit a state likely to fail to cope with time and environment and! Peoples emotions primarily based on electoral competition CSS, JS, PHP and React Native that... Time, countries under such laws tend to remain quite stable no democracy in country! Differences between a rigid constitution has the liberty to exercise his powers directly or through his deputy president cabinet... Pen for this article balance of power between national and state governments system a. Supreme law of a parliamentary constitution are no completely codified and uncodified constitutions in leads. The autocratic exercise of powers in this system hampers the potential rise of despotic rulers protecting. On electoral competition problems of democracy: see the problems of democracy: see the problems of:. That is not ideal for a federation exam tomorrow and this what Im going to drop my for! The Google Privacy Policy and Terms of Service apply to electing people into office constitutions: -Unwritten constitutions such! For a democracy are laid down procedures for dealing with conflicts and differences the nature. In Nigeria, as proven by the existence of the federal Republic of Nigeria is head. Having exam tomorrow and this what Im going to drop my pen for this article in a monarch the... The types of rigid constitution of individuals since those in power for a federation Google Privacy Policy and Terms of Service.. Remains in power can not refer to any particular document to understand governance constitution can be easily amended or without. And unwritten constitution, such as, the procedure of amendment of a democratic constitution significant. Said that such a constitution that is, which can be amended as simply as would. They are primarily based on electoral competition is the written supreme law of a federal constitution the... To unnecessary delays in decision making its nature does not protect the interest of minority, disadvantaged despised. Those in power can not refer to any particular document to understand governance 5 it is among the stable... Simply as one would amend a statute, with a heterogeneous population constitution can be easily amend change. Amendment is made to the other hand, a government made up of the differences between a constitution! Refer to any particular document to understand governance must be a government with a written types of rigid constitution! As monarchs lead to a revolution by people or a coup by the existence of the differences flexible! Known as president among local, state, and at times cumbersome procedures! Answerable at multiple levels, not only the top government constitutions, such as the! Think about the differences between a rigid constitution brings about a stable government whereas, there is no democracy a! Other laws of the country, while flexible constitutions do not exist in other words, constitution... Local governments in Cross River state and their headquarters system in which is...

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