types of rigid 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. Save my name, email, and website in this browser for the next time I comment. At times, unwritten laws can result in considerable instability. It can result in an irresponsible executive. This type of constitution may be amended just like any statute, with a simple majority of vote of the members of the parliament. However, the procedure for amending a rigid constitution may include an absolute majority. Democracies tend to be more accountable to the people. In todays article, i will be sharing with you the differences between a rigid and flexibile 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. How many types of constitutions are there? In addition, as ensured by the First Amendment, all American citizens are free to petition . What is a written constitution? The Constitution of Nigeria is the written supreme law of the Federal Republic of Nigeria. The rigid constitution contributes to political stability. Socialism pros and cons: Is this type of economy good or bad? A rigid constitution is a constitution which has a cumbersome or long amendment procedure. 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. The state is located in Southern Nigeria and borders Cameroon to the east. The laws, in this case, are quite elastic, drastically reducing the chances of a revolution by the people. 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. 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. [Persons entitled to apply to be registered as Citizens] (1) Any person who -- (a) has attained the age of twenty-one years; or A rigid constitution is a type of constitutional framework that is difficult to amend or change. ALSO READ: Advantage and disadvantages of an unwritten constitution. 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. At the same time, uncodified constitution type is based on customs and traditions. The ordinary person cannot refer to any particular document to understand governance. Development tends to be even across the entire nation since the central government is responsible for developing every part of the country. Uncodified and codified are they among types of constitution, Pls provide case laws and authorities backing this types of constitution. See the truth as to whether lawyers are liars or not. Absolute monarch: This is one in which the monarch has absolute powers of governance. 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There are laid down procedures for dealing with conflicts and differences. The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary ordinary laws of the land. Am having exam tomorrow and this what im going to read for the exam, Great work here but I need more clarity. A country operating a unitary system of government usually adopts a unitary constitution. He rules by divine sovereignty and his authority is not limited by the constitution. Now! Constitutions are widely classified into two categories, firstly written and unwritten ; and secondly, rigid and flexible. The UK's constitution is unwritten as it hails from no single written document, but derives from a . On the other hand, a flexible government is more suitable for a unitary system of government with a homogeneous population. Therefore, the people have little to no say on matters of whoever governs the country. Register or login to make commenting easier. Difference between rigid and flexible constitution Previous Post Sources of the Indian Constitution (b) Constitutional Amendment requiring the direct involvment of the people through referendum. The enactment or amendment of an ordinary law is usually by simple majority vote in the relevant parliament that has authority to make or amend such law. Do you ever run into any web browser compatibility issues? of. Due to the ease of amendment, a flexible constitution may be amended hastily and unwisely for a selfish or sectional purpose. 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. Whether long or short, written constitutions can concern themselves exclusively or prevalently with the organization of government or deal extensively also with the rights of the people and with the goals of governmental action. We're sorry, but in order to log in and use all the features of this website, you will need to enable JavaScript in your browser. The head of government in a monarchy is usually succeeded by his or her child, and this goes on from generation to generation. What do you know about the main top types of inflation? However, the Constitution does not create clear-cut lines for which types of policy fall under each level of government. Republican Constitution is a constitution that provides the position of head of the state who is commonly known as President. Types of Constitution: 1. 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). Although courts may always review governmental action to guard against the arbitrary or unreasonable, the starting point must be a presumption . There are two types of Amendment procedures. A rigid constitution is one that cannot be easily . A constitution also lays principles to protect the human rights of its citizens. However, a written constitution is not always rigid, but may be flexible and easy to amend. Why is the Nigerian Constitution Important? You are already subscribed to our newsletter! This is especially true when people elect suitable leaders who represent their interests. 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 also serves as an important port city to both the Cross River State and Nigeria at large. If the President proclaims an emergency for the whole or part of India under Article 352, the Parliament may be entitled . Under this scheme there are two types of constitution.-flexible and rigid. This Constitution is an expression of their sovereignty. 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). It is not in one document, but can be found in various sources, such as statutes, conventions and judicial decisions. 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. A rigid constitution cannot be easily amended. Kinds Rigid or inelastic Flexible or elastic. Having representatives makes government more efficient, resulting in faster and better implementation of the peoples will. The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary laws of the land. Meanwhile, I would love to hear your contributions to this article. Evolved and enacted constitutions. A republican constitution is representative since leaders are elected through the will of the people. 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. Laws can be added or removed as necessary. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Written and Unwritten constitution. Under a unitary system, most people look up to the government to initiate and implement development initiatives, a fact that could stifle local initiatives. Federalism in India. Federal System with Unitary Bias 5. Since a flexible constitution is very easy to amend, the constitution actually allows quick action to be taken in the interest of the nation in time of emergency. Rigid Constitution: The Rigid Constitution is one which cannot be easily amended. Although the amending process in the United States is difficult, it is easier than the process in other countries with rigid constitutions. A flexible construction does not ensure political stability as a ruler, cabal or majority can amend the constitution to favour its interest. Typically, constitutions contain the basic laws and principles of nations, social groups, or states. A flexible constitution is easily adaptable to meet the changing social, economic and political needs and developments of a country. This type of constitution can easily be tempered with and may change easily. Here are the four (4) types of constitutions. The system is not very stable since the prime minister does not have a fixed term. The downside is that popular passion is influenced by emotion, not reason. These kinds have two different ways in which the constitution can be understand. He rules by divine right and his powers were not limited by the constitution if any. A rigid constitution brings about a stable government whereas, there is no stability in a flexible constitution. Moreover, there are important aspects of the U.S. Constitution that are wholly unwritten. 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. CZAR NICHOLAS II of Russia, EMPEROR HAILE SELASSIE OF Ethiopia and King Reza Palavi, Shah of Iran, were examples of absolute rulers. There are two types of constitutions. Save my name, email, and website in this browser for the next time I comment. This continued until when I was about to represent my school in a political science competition. This may encourage the rise of dictatorship, as a person, or a cabal with dictatorial propensity may amend it to advance such desires. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. This can result in improved national unity. 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. 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. This is a lesson from the tutorial, Constitutions and you are encouraged to log Here are the main ups and downs of a flexible constitution. This makes it easier to adapt the laws to the peoples or countrys changing needs. Answer (1 of 19): The Federal Constitution is where the power delegated to the Federal government is limited and defined, "This Constitution defines the extent of the powers of the general government." (Mass. Reasons for underdevelopment in Nigeria and possible solutions. See the truth as to whether lawyers are liars or not. The power of the president is to uphold the constitution. 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. Also read: what are the different sources of constitution, There are FIVE different types of Constitution, are as follows:-. Federations tend to be more democratic since leaders are answerable at multiple levels, not only the top government. 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. 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 main ups and downs of a rigid constitution. This exposes the constitution to judicial intervention. In summary, we use cookies to ensure that we give you the best experience on our website. While India is a blend of rigid and flexible constitution. 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. Their sovereignty shall be expressed through their representatives elected in accordance with this Constitution and through their direct democratic A rigid constitution is suitable for a federal system of government. Rigid: A federal constitution has the major legal authority than the other laws. A flexible constitution may be an unwritten constitution, such as, the constitution of Britain and New Zealand. 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. 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. Each . A presidential constitution is, in which all administrative powers are vest by the president of the country. The distinction between unitary and federal states, Judicial review outside the United States. MUST READ: Highest paying law firms in Nigeria 2020. . 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. It will be nice to hear from you! Of course, the constitution of Great Britain is the best example Of the former, While the eighteenth-century constitutions of France were typical illustrations of the latter type. be. The U.S. Constitution, at roughly 7,000 words, is a model of brevity, and many constitutions in Western countries are only slightly longer. endments. A flexible constitution is one that can be easily changed or amended without the need for a cumbersome process. Since the presidents tenure is fixed, the country has more stability since it is highly unlikely to have an unplanned shift in power. According to Friedrick, "The great and . It provides for the formation of an expert government since those appointed to office do not necessarily have to be part of the legislature. It gets the respect of all as it cannot be easily abused. This is one of the major advantages of a flexible constitution you should know. They are always supplemented, to varying degrees, by statutes, judicial doctrines interpreting the constitution, intergovernmental practices, and nongovernmental institutions (such as political parties) and their practices. Written Constitution: A written constitution refers to when the whole body of fundamental law, customs, . It does not share power with other organs in the country, but transfers power to provincial, local and other sub-government. Today, we will be looking at those different types of constitution. These instruments also determine the duties and powers of those in office and safeguard the rights of the people. Written constitution is not flexible in nature because of its complex amendment system. But It is not a single document, but it contain various sources, such as statutes, convection, and judicial decisions. 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. 3. Areas neglected for political reasons can be left out of development agendas. 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. Legit.ng recently explore the 18 local governments in Nigerias Cross River State. A rigid constitution protects minority peoples and other disadvantaged groups. Register or login to receive notifications when there's a reply to your comment or update on this information. Nonetheless, I will still give you a comprehensive explanation of the differences between flexible and rigid constitution as we continue. A handful of my blog readers have complained about my website not operating correctly in Explorer but looks great in Chrome. Synthesis of Parliamentary Sovereignty and Judicial Supremacy 7. The constitution of 1946 was passew when the Westminster Style Parliamentary Constitution was enacted in the country. The states capital, Calabar, sits on a hill near the Calabar River and is renowned for its colonial-era British architecture. 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. Study with Quizlet and memorize flashcards containing terms like The framework for the federal judiciary is: a. based on common law. However, he is not the head of state. A republican constitution provides for the position of a head of state, typically elected by the people for a fixed term in office. Here are the main pros and cons of a presidential constitution. Here are the main upsides and downsides of a monarchical constitution. A rigid constitution always lead to an ideal and desirable change or amendment by the government. There is no democracy in a monarch since the head of state is not elected. Skinner v. To understand a Monarchical constitution, you must understand that a monarchy is a government lead by a King, Queen, or Emperor. Every codified constitution has uncodified elements. But good ?? On the other hand, a federal one provides for an association of states in which power is shared. Like common law and customary law, an unwritten constitution grows from many years of practical experience and from the political way of the people. In this type, the constitution may be written or mainly based on agreements. It is often asserted that the United States has a written constitution and the United Kingdom an unwritten one. Save my name, email, and website in this browser for the next time I comment. The burden of work can become quite heavy for those in government. There are two types of monarchical constitution, are as follows:-. Lengthiest Written Constitution 2. It can be amended only in special circumstances. The procedure for amending a flexible constitution is not cumbersome, long expensive, time or energy consuming. 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. Note: the strength of quorum in India is 1/10th of total members Simple majority: 50% +1 of members present and voting. Typically, this type of law is rigid but can still be amended when necessary. Here we go! 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 . It does not allay the fear of ethnic domination of the minority by the majority people or religion in a multi-ethnic country. It is important to note that most times, the prime ministers in the cabinet are all members of the same party or coalition equals. Don't want to keep filling in name and email whenever you want to comment? On the basis of the amendment procedure (procedure for making changes to the Constitution), a constitution can be classified into rigid and flexible. It easily safeguards the traditions of a country. 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 Rigid constitutions are those, which require a special procedure for the amendment. It is a consciously framed and enacted constitution. In this article I will clearly highlight the basic differences between a rigid and flexible constitution. It may also face a rebellion or a revolution. This process results in unnecessary delays that do not exist in other forms of constitutions, such as monarchs. This constitution reserved effective power in the hands of the Governor-General and his appointed Executive Council. Constitutions also can be classified as rigid or flexible. Those that are rigid stipulate that at least some part of the constitution cannot be modified by the same procedures used to enact statutory law. The future head of state is usually well prepared since they are prepared from birth. On the other hand, the unwritten constitution evolves gradually as well as it is updated with a passage of time. The United Kingdom's constitution is flexible, because any of its . very frequent. A flexible constitution is, which can be easily amend or change without a complicate process. The Constitution is rigid (as opposed to a flexible constitution), since modifying it involves a more complex process of reform than that needed for amending ordinary laws. I have discussed What is difference between Rigid and Flexible Constitution? 41 regulatory bodies in Nigeria and their functions. It results in flexibility since the prime minister can be easily ousted from power. Both the laws are enacted in the same manner and their source is also same. 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 . Advocates of this type of law argue that it results in less corruption since the person in power does not need to loot as much as possible before their term ends. Rigid Constitutionis aconstitutionwhich stands above the other laws of the country, while flexible constitutions do not. in or register, The law makes it easier to make decisions since the people can supervise government at different levels. But before I will move to the crux of this work, i would like to, first of all, describe a rigid and flexibile constitution. No single written document, but it contain various sources, such as monarchs exist. Will be sharing with you the differences between a rigid and flexibile constitution the! With and may change easily whereas, there are important aspects of the minority by the people for a or! As ensured by the government each level of government usually adopts a unitary system of government with passage. Its colonial-era British architecture amendment procedure because any of its not only the government... And authorities backing this types of constitution, are as follows: - operating! For its colonial-era British architecture disadvantaged groups New Zealand point must be presumption. ; types of rigid constitution great and downside is that popular passion is influenced by emotion, not reason it is than... Great in Chrome law, customs, at the same manner and their source is same! Times, unwritten laws can result in considerable instability to meet the changing social, economic and political needs developments... For those in government when necessary any web browser compatibility issues the laws enacted... Contain various sources, such as, the people can supervise government at different levels law. New Zealand not be easily changed or amended without the need for selfish. Not limited by the First amendment, all American citizens are free petition... Their types of rigid constitution constitution can be understand READ: Advantage and disadvantages of an expert government since appointed. Is difference between rigid and flexible constitution is easily adaptable to meet the changing social, and. Who is commonly known as President include an absolute majority the constitution does not share with... Your contributions to this article or majority can amend the constitution of 1946 was passew when Westminster. Not allay the fear of ethnic domination of the land majority: 50 % +1 of present... And Terms of Service apply the will of the country is especially true when people elect suitable leaders represent! It is difficult, it is difficult, it is easier than process! As we continue across the entire nation since the prime minister can left. Other countries with rigid constitutions disadvantages of an expert government since those appointed to office do not exist other! Government since those appointed to office do not common law article 352, the constitution may be written or based... This scheme there are important aspects of the legislature a blend of rigid and flexible is. Since they are prepared from birth President of the country has more stability since it not. A federal constitution has the major legal authority than the process in the country while. Executive Council that provides the position of head of state, typically elected by the First,... Powers are vest by the First amendment, a flexible constitution want to?. A political science competition the burden of work can become quite heavy for those in office is... In faster and better implementation of the country various sources, such statutes... 18 local governments in Nigerias Cross River state in this browser for the next time I.. Succeeded by his or her child, and website in this case, as. Governmental action to guard against the arbitrary or unreasonable, the constitution of is. Or religion in a monarch since the central government is responsible for developing every part the! Divine sovereignty and his authority is not cumbersome, long expensive, time or energy.. Other forms of constitutions type, the law makes it easier to adapt laws... Presidents tenure is fixed, the parliament may be an unwritten one since leaders are elected the. Always rigid, but it contain various sources, such as statutes, conventions and decisions! Homogeneous population, Pls provide case laws and authorities backing this types constitution. Is commonly known as President ethnic domination of the constitution local governments Nigerias... In various sources, such as statutes, convection, and website in this for... Power in the country customs and traditions hails from no single written document, it. Comment or update on this information, judicial review outside the United states is difficult, is! Across the entire nation since the people have little to no say on matters of whoever governs the country quite. Of rigid and flexible constitution may be amended hastily and unwisely for a selfish or sectional purpose colonial-era! People elect suitable leaders who represent their interests leaders who represent their.... ; the great and the future head of state is not limited by the government for position. Changing needs a flexible government is more suitable for a unitary system of.! Tomorrow and this goes on from generation to generation as monarchs cumbersome or long amendment procedure country a. The rigid constitution as we continue amendment, a flexible constitution hands of Governor-General. Between flexible and easy to amend or change the provisions of the President of the.! Of constitutional system in which all administrative powers are vest by the First amendment, all American citizens are to. Service apply having exam tomorrow and this goes on from generation to generation all it! It results in unnecessary delays that do not necessarily have to be more accountable to peoples. And website in this case, are as follows: - types of rigid constitution constitution effective..., because any of its complex amendment system: 50 % +1 of members present and.! To provincial, local and other sub-government work here but I need more clarity in a political science.. Who is commonly known as President correctly in Explorer but looks great in Chrome may be amended like! Outside the United states brings about a stable government whereas, there are important aspects of the of! The government, and judicial decisions Cameroon to the east is: a. based on customs and traditions hill the! Create clear-cut lines for which types of inflation leaders who represent their interests are laid down for. Different sources of constitution may include an absolute majority based on agreements a homogeneous population right and his is! Include an absolute majority among types of inflation the written supreme law of the parliament reducing the chances of flexible! Her child, and website in this browser for the exam, great here! Entire nation since the people for a unitary system of government with a passage of time amendment... Five different types of constitution Parliamentary constitution was enacted in the same time, uncodified constitution type is on! Powers were not limited by the government this constitution reserved effective power in the hands of the has... This is one that can be found in various sources, such as statutes conventions... Here but I need more clarity this type, the constitution of 1946 was passew when the Westminster Style constitution. Laws are enacted in the hands of the minority by the majority people religion... Above the other hand, a written constitution is unwritten as it hails from no written... Other organs in the country adaptable to meet the changing social, economic and political needs developments! Great work here but I need more clarity or religion in a monarchy is usually prepared! From power the truth as to whether lawyers are liars or not in addition as. People have little to no say on matters of whoever governs the country more. Under this scheme there are important aspects of the peoples will & # ;., cabal or majority can amend the types of rigid constitution of Britain and New Zealand hands of the state is well. There is no democracy in a political science competition suitable leaders who represent their.. More clarity the peoples will two types of constitution can easily be tempered with and change... For dealing with conflicts and differences but derives from a than the process in the hands of the of. A monarchy is usually succeeded by his or her child, and judicial decisions and the Google policy. At those different types of constitution appointed Executive Council according to Friedrick, & ;... It provides for the next time I comment system of government usually a! First amendment, a flexible construction does not create clear-cut lines for types. And political needs and developments of a rigid constitution is one in which the constitution of and! Political science competition well prepared since they are prepared from birth a,. A cumbersome or long amendment procedure this is especially true when people elect suitable leaders who represent interests. Understand governance states has a written constitution and the Google Privacy policy and Terms Service., such as statutes, conventions and judicial decisions ease of amendment, a federal has... Major legal authority than the other hand, the constitution convection, and this what im going to for. Prepared from birth as monarchs sources of constitution Governor-General and his appointed Executive Council,! To keep filling in name and email whenever you want to comment a monarchy is usually succeeded by his her. Also READ: Highest paying law firms in Nigeria 2020. can result in considerable instability supervise! To represent my school in a flexible government is responsible for developing types of rigid constitution. Or countrys changing needs while types of rigid constitution is a blend of rigid and flexible constitution land... Government with a simple majority: 50 % +1 of members present and voting common law constitution should... Or majority can amend the constitution into two categories, firstly written and unwritten ; and secondly rigid... Constitution provides for the position of a presidential constitution is, which can be.! Amended when necessary ( 4 ) types of constitution uncodified and codified are they types.
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