In this type, the constitution may be written or mainly based on agreements. 2023: Why zoning, experience, others should be a factor in Akwa Ibom politics by Godwin Edoho. Studies that used different scales to measure a country's difficulty of amending its constitution do not categorize the Japanese Constitution as the most rigid constitution. The British constitution is the best example of an unwritten constitution. Note: the strength of quorum in India is 1/10th of total members Simple majority: 50% +1 of members present and voting. Article 368 of the Indian Constitution provides the procedure of Amendment. This continued until when I was about to represent my school in a political science competition. Unitary systems can easily evolve into dictatorships. I have discussed What is difference between Rigid and Flexible Constitution? differences between a rigid and flexible constitution. Don't want to keep filling in name and email whenever you want to comment? To a certain extent interpretation inevitably involves adaptation of the letter of the law to societal changes. The first nature of the constitution is consider as the expression of the democracy of the country. This type of constitution can easily be tempered with and may change easily. 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. See the truth as to whether lawyers are liars or not. The policies of the constitution also enable to put a check on the activities of the bodies. 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. This contract as laid down in the form of a fully written, or partly written form usually provides that; the people must not be ruled by a government, except with the consent of the people. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. This process results in unnecessary delays that do not exist in other forms of constitutions, such as monarchs. In the first instance, the constitution is seen as, first and foremost, and expression of the will of the people of the country. A Constitution refers to a system of laws and principles that act as a basis for governance in a country. The states name is derived from the Cross River that runs through it. 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. If and when this attitude changes, the new viewpoint is likely to eventually make its way into the constitution, whether through the amending process and interpretation by the courts under a rigid constitution or through easier legislative procedures under a flexible constitution. Study with Quizlet and memorize flashcards containing terms like The framework for the federal judiciary is: a. based on common law. The British Constitution is an excellent example of an unwritten constitution. However, if you have a questions you can ask about this topic, do not hesitate to post it using the comments section. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. This is one of the major advantages of a flexible constitution you should know. Here are the main ups and downs of a flexible constitution. In other words, the concept of constitution is basically for the best interest of the people first. But before I will move to the crux of this work, i would like to, first of all, describe a rigid and flexibile constitution. In todays article, i will be sharing with you the differences between a rigid and flexibile constitution. Parliamentary sovereignty is commonly regarded as the defining principle of the British Constitution. 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. Rigid laws are unsuitable for progressive nations in which amendments happen frequently. Some clauses in such documents depend on the judicial interpretation that, at times, might not be ideal. 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. There are different types of constitutions under the monarchical setup. The development of the material constitution is decisive in determining the retention or demiseas well as the actual meaning and scope in applicationof the principles and rules of the written constitution, whether the latter is rigid or flexible. It is not in one document, but can be found in various sources, such as statutes, conventions and judicial decisions. A rigid constitution protects the fundamental rights of the individual. This exposes the constitution to judicial intervention. It has ability to change quickly in accordance with changes in the social and political environment of the society and the state. 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. This kind of constitution can amend like any other law, by a simple vote of the members of parliament. In a unitary constitution, all the powers of government are in center, as it is the only source of authority from which power flows. The ruling class cannot use the constitution to further its narrow interest. It fails to keep pace with the changed social, economic and political conditions of the country. A flexible constitution may be an unwritten constitution, such as, the constitution of Britain and New Zealand. 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. It can easily result in administrative instability. Since the constitution is easy to amend, the government can change the content of the constitution for their interest. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. Fundamental Rights 10. Continuing the comparison between the British and American constitutions, a further constitutional classification is possible: monarchical and republican. "Rigid Constitution" by Wikipedia,CC BY-SA 3.0, "What are the Merits and Demerits of Rigid Constitution ?" However, the Constitution does not create clear-cut lines for which types of policy fall under each level of government. Types of majorities: Simple majority Special majority Effective majority Absolute majority Meaning of Quorum: minimum members requires for the particular meeting. This can result in improved national unity. 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 Rigid Constitution is a type of constitution that is not easily amended. 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. In a federal system, a person can compare political, social, and economic systems in different states and relocate to one they find more suitable. Drawn from Various Sources 3. Republican Constitution is a constitution that provides the position of head of the state who is commonly known as President. 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. 20. Federalism is the distribution of power between the federal government and state governments. 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. Chapter I, Part II of the Nigerian Constitution clearly divides these powers among the three branches of government: The legislature. The word democracy is derived from two Greek words, demos and kratia. The former means people while the latter means government or rule. It helps to ensure that amendment that is made to the constitution will be duly deliberated before it is made. In the second instance, the constitution is seen as a legal, social and a political contract between the people and the government or those holding public offices. Rigidity lends legitimacy to the constitution. It does not share power with other organs in the country, but transfers power to provincial, local and other sub-government. 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. The procedure for amending a flexible constitution is not cumbersome, long expensive, time or energy consuming. According to Friedrick, "The great and . To understand the meaning and types of constitution, it is pertinent to know that there basically two different natures of the constitution. The authority has been given to states to make its laws on education, police, taxation system etc. Therefore, the people have little to no say on matters of whoever governs the country. A rigid constitution cannot be easily amended. 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. Pros and cons of GMOs explained in detail. Nonetheless, I will still give you a comprehensive explanation of the differences between flexible and rigid constitution as we continue. This article is licensed under a CC BY-NC-SA 4.0 license. Method 1: Congress Proposes an Amendment. Moreover, there are important aspects of the U.S. Constitution that are wholly unwritten. 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. This may encourage the rise of dictatorship, as a person, or a cabal with dictatorial propensity may amend it to advance such desires. ADVERTISEMENTS: An uwritten constitution is a type of constitution that is not contained in one single document. MUST READ: Are Lawyers liars? This type of constitution may be amended just like any statute, with a simple majority of vote of the members of the parliament. Typically, constitutions contain the basic laws and principles of nations, social groups, or states. As the procedure of amendment of a rigid constitution is very difficult, it causes problems for the country. All names, acronyms, logos and trademarks displayed on this website are those of their respective owners. It may also face a rebellion or a revolution. Typically, this type of law is rigid but can still be amended when necessary. It is unlike a rigid constitution. In addition, as ensured by the First Amendment, all American citizens are free to petition . The distinction between unitary and federal states, Judicial review outside the United States. 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. The federal constitution does not tolerate infringement. In contrast, the constitution of India extends to hundreds of pages. Differences between a federal and unitary system of government, Why indirect rule was adopted in Africa during colonization, Characteristics of military rule in Nigeria. The President of India has the authority to proclaim an emergency under Articles 352, 356 and 360. Do you have any solutions to help fix this issue? Such systems seem to work best in small nations and communities. Merits of Flexible Constitution. Since the head of state remains in power for a long time, countries under such laws tend to remain quite stable. The judiciary. 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. But good ?? 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. thanks very much for the above submissions on constitution. very frequent. Blend of Rigidity and Flexibility 4. A country that uses an unitary government system usually adopts an unconstitutional constitution. Subsequently, its ratification requires a three-quarters approval by the legislatures of the (50) States. 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. At the same time, uncodified constitution type is based on customs and traditions. Here are the main ups and downs of a rigid constitution. Synthesis of Parliamentary Sovereignty and Judicial Supremacy 7. 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. suggestions: could you please provide case laws, statutes, legal authorities and principles or countries constitutions on the various types of constitutions. 3. An unwritten constitution is a type of constitution does not contain a single document. There are laid down procedures for dealing with conflicts and differences. Their sovereignty shall be expressed through their representatives elected in accordance with this Constitution and through their direct democratic Kinds Rigid or inelastic Flexible or elastic. Royal families in monarchs lead very expensive lifestyles that could burden the citizens. Each body exercises its assigned functions and powers. For this type, constitutional law can be amended in the same way as ordinary law. ALSO READ: How to become a successful lawyer: 7 Important Qualities. 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. It allows for extremely quick decision making. It is not a substitute for professional advice or help and should not be relied on to make decisions of any kind. On the other hand, a flexible government is more suitable for a unitary system of government with a homogeneous population. 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. Constitutional law in countries with flexible constitutions does not have to be unstable or constantly in flux. When the amendment procedure is too simple, the laws can be overly influenced by popular passion. Democracy, therefore, loosely translates to the peoples rule. It also serves as an important port city to both the Cross River State and Nigeria at large. subjected. You are already subscribed to our newsletter! 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. 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. Since the monarch is not a politician, they can remain neutral on matters that otherwise cause divisions. Classification of constitution Written and unwritten constitution Rigid and flexible constitution 1. An unwritten constitution is not contained in a single document and can exist partly in word and partly in writing. The written constitution can be of three types rigid, flexible or the combination thereof. Nevertheless, the provisions of the Swiss constitution have been changed repeatedly on many important points. 2. The constitution though Supreme, is usually flexible and not rigid, as the government has power to amend it as maybe necessary. Integrated and Independent Judiciary 9. A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. The system can result in significant economic disparities across states. Evolved and enacted constitutions. The downside is that popular passion is influenced by emotion, not reason. 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. This is why it is called a flexible constitution. It results in flexibility since the prime minister can be easily ousted from power. 1. There are no elections costs in monarchs. Types of Constitution: 1. 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. Differences between the federal and unitary system of government, Differences between military and democratic government, Advantages and disadvantages of a written constitution, Offence of rape in Nigeria: Effects and punishment by the law, Examination malpractice in Nigeria: Causes, Effects and solutions. The future head of state is usually well prepared since they are prepared from birth. A written constitution is enacted on a specific date by a particular body, which is specially designed for its adoption and enactment. Socialism pros and cons: Is this type of economy good or bad? The process of amending a rigid constitution is different from the process of enacting and amending the common laws of the land. This type of constitution is unsuitable for tiny countries. It will be nice to hear from you! Organizing and providing relevant educational content, resources and information for students. So, there is a different procedure that has to be followed to amend or change any provision of the flexible constitution and the procedure is much lengthy and hard than the procedure followed in amending . Supremacy of Constitution: The central and state governments must obey the constitution. Most times, democracies turn into competitions for power play, completely disregarding morality. Your email address will not be published. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. One of the topics I loved so much during my secondary school days is the Types of constitution. The best example of this is the British constitution. It is easily adaptable to a countrys changing circumstances. The U.S. Constitution, at roughly 7,000 words, is a model of brevity, and many constitutions in Western countries are only slightly longer. \(\overset{\underset{\mathrm{def}}{}}{=} \). To amend the constitution a lengthy procedure has to be followed. This happens because all resources have to be mobilized by the national government. Register or login to make commenting easier. The procedure for amending or changing a rigid constitution is cumbersome and long. in or register, 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. He rules by divine right and his powers were not limited by the constitution if any. Types Of Constitution 1. The people can experience slow government response on matters such as defence and emergencies. 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. A flexible construction does not ensure political stability as a ruler, cabal or majority can amend the constitution to favour its interest. Kindly take note of this. A rigid constitution always lead to an ideal and desirable change or amendment by the government. 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. This Constitution is an expression of their sovereignty. Constitution to the particular governmental action under review. and. A unitary constitution provides for government power to be vested in a single central government. A country operating a unitary system of government usually adopts a unitary constitution. It is important to note that most times, the prime ministers in the cabinet are all members of the same party or coalition equals. Written Constitution: . Written and Unwritten constitution. DISCLAIMER: This article is intended for general informational purposes only and does not address individual circumstances. We literally have two types of constitutions and they are written and unwritten constitutions. These natures are the two different ways from which the constitution can be viewed or understood. be. Flexible Constitution: A flexible or elastic constitution can be easily amended. MUST READ: Highest paying law firms in Nigeria 2020. 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. Skinner v. Required fields are marked *. Ratifying Convention; see 10th Amendment). It is necessary to take quick decisions to deal with such emergencies. 1. 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. Constitutions are widely classified into two categories, firstly written and unwritten ; and secondly, rigid and flexible. With what I have discussed so far, I am sure you have been able to pick points some of the differences between a rigid and flexible construction already. Read Constitutional Law and Governance in Uganda pg. Unlike the unitary system, the countrys power is shared among local, state, and federal bodies. The United Kingdom can modify its constitutional law by statute (or even in important areas by conventions between the supreme institutional powers of the state: the crown, Parliament, and the cabinet). This is the ultimate law-making power vested in the UK parliament to create or abolish any law. 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