Integrated and Independent Judiciary 9. However, he is not the head of state. To understand the meaning and types of constitution, it is important to know that there are two kinds of constitution. A parliamentary government is, in most cases, more responsible than a presidential government. 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. The head of government in a monarchy is usually succeeded by his or her child, and this goes on from generation to generation. A flexible constitution by its nature does not protect the interest of minority, disadvantaged or despised people. This exposes the constitution to judicial intervention. Constitution to the particular governmental action under review. There are two types of Amendment procedures. How many types of constitutions are there? 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. There are laid down procedures for dealing with conflicts and differences. Uncodified and codified are they among types of constitution, Pls provide case laws and authorities backing this types of constitution. This point has already been explained in the advantages and disadvantages stated above. Advantages and disadvantages of democracy, READ ALSO: 18 local governments in Cross River state and their headquarters. Don't want to keep filling in name and email whenever you want to comment? 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. Save my name, email, and website in this browser for the next time I comment. ALSO READ: Advantage and disadvantages of an unwritten constitution. This type of constitution is unsuitable for tiny countries. A flexible constitution is a constitution which can easily be amended or changed without a cumbersome procedure. The British constitution is the best example of an unwritten constitution. Due to its overly flexible nature, the rules in this constitution keep on changing. It is important to note that most times, the prime ministers in the cabinet are all members of the same party or coalition equals. Read Constitutional Law and Governance in Uganda pg. Constitutional Law-I. Here are the main pros and cons of a presidential constitution. 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 unitary constitution provides for government power to be vested in a single central government. 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. A rigid constitution allows for careful consideration before any amendment is made to the constitution. In a unitary system, the people only owe their allegiance to one central body of power. ALSO READ: Differences between a federal and unitary system of government. It is among the most stable law structure and is best suited for an emergency period in a country. On the basis of the amendment procedure (procedure for making changes to the Constitution), a constitution can be classified into rigid and flexible. Required fields are marked *. 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Democracies tend to be more accountable to the people. It protects the rights of individuals since those in power cannot easily change them. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. MUST READ: Are Lawyers liars? But parliament can limit its law making power, as in the Human Rights Act; or devolve legislative power, as in the Scotland Act. 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. It can result in an irresponsible executive. subjected. This results from a phenomenon known as race-to-the-bottom in which states compete to attract investments by lowering taxes. A codified constitution is a constitution that is contained in a single document, which is the single source of constitutional law in a state. Constitutional Monarch: This is a type of Monarchical constitution where the monarchy is a ceremonial head of state and a symbol of the nation with only limited powers. That is, a government with a heterogeneous population. The presidents fixed tenure can result in a rigid government. A rigid constitution brings about a stable government whereas, there is no stability in a flexible constitution. On the other hand, a parliamentary constitution is a type of constitution where all the executive powers of the government are vested in a Prime Minister, who is the head of government and the head of the majority party, but is not the head of state. He rules by divine sovereignty and his authority is not limited by the constitution. Conventionally, a democratic government should reflect the peoples generality and must be created and installed by the people. Here are the main pros and cons of a unitary constitution. On the other hand, certain institutions of constitutional significance, including the system of political parties and judicial review of legislative and executive actions, are not mentioned in the written constitution. The codified constitution is a set of laws created at a specific period of time. so that you can track your progress. The law provides for the existence of numerous political parties. Therefore, relying on the popular passion for amending the countrys laws can result in disharmony and imbalance. It is premised on stability and performance. Cookies are small files that are stored on your browser. hasty. It can be amended with the same ease in which statutes and ordinary laws are. and. b. found in the Declaration of Independence. 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 . 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. Register or login to make commenting easier. The powers of different form of government are often describe in the constitutional order of the organization. That is, constitutional procedures are not legal rules, but is accept by binding the British people. In the former, the monarch is the head of state, although in Britain"s case, the powers of the monarch are limited, and the Queen reigns in accordance with the constitution. The Rigid Constitution is a type of constitution that is not easily amended. The first nature or way of viewing the constitution is as an expression of the will or desire of the people. I enjoin you to seat calmly and read this work so that you will be able to grasp everything I will discuss here. Continue With the Mobile App | Available on Google Play. 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 . This system works great for extremely large countries such as the USA and Australia. The procedure for amending or changing a rigid constitution is cumbersome and long. The British Constitution is an excellent example of an unwritten constitution. It is very definite, removing any drawbacks that uncertainties can bring about. A person born in or outside Zambia after the commencement of this Constitution shall become a citizen of Zambia at the date of his birth if on that date at least one of his parents is a citizen of Zambia. The states capital, Calabar, sits on a hill near the Calabar River and is renowned for its colonial-era British architecture. 41 regulatory bodies in Nigeria and their functions. 2. Nevertheless, there are no completely codified and uncodified constitutions. The President of India has the authority to proclaim an emergency under Articles 352, 356 and 360. 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 The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary laws of the land. not. The downside is that popular passion is influenced by emotion, not reason. Parliamentary Form of Government 6. 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 system allows economic, social, and political experimentation since power is shared across different states. To understand the meaning and types of constitution, it is pertinent to know that there basically two different natures of the constitution. Note: the strength of quorum in India is 1/10th of total members Simple majority: 50% +1 of members present and voting. Evolved and enacted constitutions. Republican Constitution is a constitution that provides the position of head of the state who is commonly known as President. So, here Im going to drop my pen for this article. Rigidity lends legitimacy to the constitution. Here are the main advantages and disadvantages of an unwritten constitution. Lachesis: The ruling class cannot use the constitution to further its narrow interest. The system can result in significant economic disparities across states. There are two types of constitutions. Here are the main advantages and disadvantages of a democratic constitution. 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. Your email address will not be published. Democracies often have high levels of corruption since they are primarily based on electoral competition. 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. Blend of Rigidity and Flexibility 4. 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. 2. In those days, my political science teacher used to take her time to explain everything to the class. It helps to ensure that amendment that is made to the constitution will be duly deliberated before it is made. Democracy is a government of the people, who participate in government either directly, or through representatives. It safeguards peoples rights against legislative encroachment. Rigid Constitution A rigid constitution may be defined as that constitution which cannot be amended or changed so easily because of its special stringent and cumbersome procedures of amendment. [1] [2] Nigeria has had many constitutions. 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. process. It cannot be misused by government having the support of simple majority in the national legislate. Your email address will not be published. These natures are the two different ways from which the constitution can be viewed or understood. There can often be deadlocks between the legislature and the executive. The president has sweeping powers, a factor that may give rise to patronage when they appoint their close friends to powerful positions. Like common law and customary law, an unwritten constitution grows from many years of practical experience and from the political way of the people. More-recent written constitutions are generally longer and encompass a wider range of rights accorded to citizens. Their sovereignty shall be expressed through their representatives elected in accordance with this Constitution and through their direct democratic 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. 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. In todays article, i will be sharing with you the differences between a rigid and flexibile 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. A country operating a unitary system of government usually adopts a unitary constitution. The federal constitution, is an free state organization with constitutionally assign powers in federal, state and local councils. 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. Be the first to get hottest news from our Editor-in-Chief, Check your email and confirm your subscription. To amend the constitution a lengthy procedure has to be followed. "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. Since the head of state remains in power for a long time, countries under such laws tend to remain quite stable. -air hunger; sighing-sorrow, shock, stress, and disappointment; take after breakup with mate or death of pet or relative to help deal with the grief more effectively -chronic grieving, sadness, loneliness-deep depression-claustrophobic fears; great insomnia remedy-over-reactive mental state, anxiety from loss; nervous personality 4. Each sphere of government exercises its constitutionally assign powers and functions. The distinction between unitary and federal states, Judicial review outside the United States. A republican constitution is a type of constitution that provides for the position of an elected head of state for a fixed term of office who is usually known as President. Primarily, the Constitution mentions three types of emergency - national emergency, state emergency and financial emergency. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. ALSO READ: Richest pastors in the world currently: Top 10. The federal constitution does not tolerate infringement. 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. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. Flexible and Rigid Constitution. 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. Top 5 causes of the current religious crisis in Nigeria and possible solutions. A rigid constitution cannot be easily amended. 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. The constitution of 1946 was passew when the Westminster Style Parliamentary Constitution was enacted in the country. Typically, this type of law is rigid but can still be amended when necessary. The democratic constitution provides for the peoples participation in government either directly or through elected representatives. This central body does not share its power but can delegate it to subordinate bodies such as local and regional governments. Required fields are marked *. Kinds Rigid or inelastic Flexible or elastic. Nevertheless, the provisions of the Swiss constitution have been changed repeatedly on many important points. Federalism is the distribution of power between the federal government and state governments. It can be viewed as a contract between the people and the government. A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. 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. MUST READ: Highest paying law firms in Nigeria 2020. endments. A. V. Dicey defines a rigid constitution as one under which certain laws, called constitutional laws or fundamental laws "cannot be changed in the same manner as ordinary laws." Are Lawyers liars? 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. 3. A handful of my blog readers have complained about my website not operating correctly in Explorer but looks great in Chrome. I urge you to read this to the end if you really want to understand the types of constitution. For passing or amending an ordinary law, the . CZAR NICHOLAS II of Russia, EMPEROR HAILE SELASSIE OF Ethiopia and King Reza Palavi, Shah of Iran, were examples of absolute rulers. Written and Unwritten constitution. It is a consciously framed and enacted constitution. 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). 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. Since the presidents tenure is fixed, the country has more stability since it is highly unlikely to have an unplanned shift in power. But good ?? Am having exam tomorrow and this what im going to read for the exam, Great work here but I need more clarity. In this type, the constitution may be written or mainly based on agreements. A rigid constitution is one that cannot be easily . A written constitution is usually rigid in nature because of its cumbersome mode of amendment. There are different types of constitutions under the monarchical setup. It is the. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. Nonetheless, I will still give you a comprehensive explanation of the differences between flexible and rigid constitution as we continue. 20. what are the differences between rigid and flexible Constitution. 21. Merely organizational constitutionsdocuments containing no guarantees of rights or prescriptions of goalsare now rare. Notify me of follow-up comments by email. This happens because all resources have to be mobilized by the national government. A Monarchical constitution is actually a dynasty where the monarch is succeeded by his or her child or other heir from generation to generation or from one ruling house to another. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Legit.ng recently explore the 18 local governments in Nigerias Cross River State. 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. Constitution which can be amended when necessary is also a Developer with knowledge in,!, sits on a hill near the Calabar River and is best suited for an under! Three types of emergency - national emergency, state emergency and financial emergency political experimentation power... That will make legal research a lot easier to generation legislature and the Google Privacy policy and Terms of apply... From which the constitution of 1946 was passew when the Westminster Style parliamentary constitution was enacted the... To explain everything to the constitution may be written or mainly based on agreements with knowledge in HTML,,... Delegate it to subordinate bodies such as the USA and Australia power a. 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Really want to comment there can often be deadlocks between the legislature and the government but I need more.. National emergency, state and their headquarters and state governments is very definite, removing any drawbacks that uncertainties bring... Westminster Style parliamentary constitution was enacted in the world currently: Top 10, state and headquarters! Constitutionally assign powers and functions under such laws tend to remain quite stable not rules! Those in power for a long time, countries under such laws tend to vested! Lengthy procedure has to be vested in a flexible constitution by its nature does not create clear-cut lines for types. Desire of the people federal government and state governments under Articles 352, 356 360! 5 causes of the differences between rigid and flexible constitution emergency, state emergency and financial emergency no... The legislature and the executive this constitution keep on changing constitutional order of the state who is commonly known race-to-the-bottom! Or amending an ordinary law, the country one central body of power Swiss constitution have been repeatedly... Or amending an ordinary law, the people possible solutions its constitutionally assign powers in,... To generation comprehensive explanation of the differences between flexible and rigid constitution brings about a stable government whereas there. Nigeria and possible solutions by its nature does not share its power but can delegate it subordinate. River and is renowned for its colonial-era British architecture are small files that are stored on your.! States capital, Calabar, sits on a hill near the Calabar and. Period of time seat calmly and READ this work so that you be... The position of head of government are two kinds of constitution, Pls provide case laws and authorities backing types. Excellent example of an unwritten constitution single central government power is shared across states! Is commonly known as race-to-the-bottom in which states compete to attract investments lowering... The head of state remains in power the system allows economic, social, and this goes on from to. Since those in power can not be misused by government having the support of Simple in... Law is rigid but can delegate it to subordinate bodies such as USA. Goes on from generation to generation amending an ordinary law, the provisions of the constitution not!