It contains titles available in the ASCL Library and published in the past six years. A rigid constitution is a type of constitutional framework that is difficult to amend or change. 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. For federal governments, a written constitution provides for the separation of central and federal power. It results in flexibility since the prime minister can be easily ousted from power. On the other hand, a rigid constitution is a type of constitution, which has a cumbersome or long amendment procedures. At the same time, uncodified constitution type is based on customs and traditions. 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. The procedure for amending a flexible constitution is not cumbersome, long expensive, time or energy consuming. Do you ever run into any web browser compatibility issues? The first nature of the constitution is consider as the expression of the democracy of the country. He also implement all the laws enact by the current parliament. This results from a phenomenon known as race-to-the-bottom in which states compete to attract investments by lowering taxes. It can result in an irresponsible executive. This has led to questions over the balance of power between national and state governments. Your email address will not be published. Typically, constitutions contain the basic laws and principles of nations, social groups, or states. Written constitution is not flexible in nature because of its complex amendment system. This happens because all resources have to be mobilized by the national government. A Constitution that has been systematically and meticulously written down and embodied in a single document is known as a Written Constitution. Here are the four (4) types of constitutions. This system works great for extremely large countries such as the USA and Australia. A rigid constitution is usually in writing or a written constitution whereas, a flexible constitution may be in written or unwritten form. It helps to ensure that amendment that is made to the constitution will be duly deliberated before it is made. Thus, the commerce and due process clauses of the U.S. Constitution do not have the same legal implications today as they did in the 19th century. In contrast, a flexible constitution is one in which the legislature may amended the constitutions content and principles through use of the ordinary legislative process. The need to determine the meaning of the Constitution through the use of methods of constitutional interpretation and, perhaps, construction,6 is apparent from the text of the document itself.7 While several parts of the Constitution do not lend themselves to much debate about their While India is a blend of rigid and flexible constitution. Moreover, due to the cumbersome amendment procedures, the laws are less prone to changes resulting from peoples emotions. Today, we will discuss those different types of constitution. This is where I am going to drop my pen on this topic. What is a written constitution? According to Friedrick, "The great and . 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. Do you have any solutions to help fix this issue? Are Lawyers liars? Types of majorities: Simple majority Special majority Effective majority Absolute majority Meaning of Quorum: minimum members requires for the particular meeting. rigid constitution noun : a constitution that is difficult or slow to change usually because of a prescribed process of amendment that is detailed and lengthy in execution Love words? Its current form was enacted on 29 May 1999 and inaugurated the Fourth Nigerian Republic. Socialism pros and cons: Is this type of economy good or bad? This makes it easier to adapt the laws to the peoples or countrys changing needs. A rigid constitution is likely to fail to cope with time and environment. Here are the main ups and downs of a rigid constitution. It protects the rights of individuals since those in power cannot easily change them. But before I will move to the crux of this work, i would like to, first of all, describe a rigid and flexibile constitution. Written Constitution: A written constitution refers to when the whole body of fundamental law, customs, . In one sense this is true: in the United States there is a formal document called the Constitution, whereas there is no such document in the United Kingdom. 21. Now! 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 laws are accommodative to cultural and economic differences across different states. It is not a substitute for professional advice or help and should not be relied on to make decisions of any kind. This constitution reserved effective power in the hands of the Governor-General and his appointed Executive Council. Your email address will not be published. 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. 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. As it is partially written and not partially not written, the British Constitution is based on a number of practices or convection. The process of amending a rigid constitution is different from the process of enacting and amending the common laws of the land. Rigid constitution: it is the exact opposite of the flexible constitution. Skinner v. The constitution though Supreme, is usually flexible and not rigid, as the government has power to amend it as maybe necessary. ALSO READ: How to become a successful lawyer: 7 Important Qualities. You are already subscribed to our newsletter! It protects the rights of the minority through judicial systems. Rigid Constitutionis aconstitutionwhich stands above the other laws of the country, while flexible constitutions do not. Federalism is a type of government in which the sovereign authority of political power is usually divided between two units. It, therefore, leaves room for possible changes. The United Kingdoms constitution is flexible, because any of its constitutional institutions and rules can be abrogated or modified by an act of Parliament. Federalism is the distribution of power between the federal government and state governments. This is one of the major criticisms of a flexible constitution. Government Constitutions Types of Constitution. On the basis of the amendment procedure (procedure for making changes to the Constitution), a constitution can be classified into rigid and flexible. 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. Instead of a 50% + 1 majority, a 2/3, 3/5 or 3/4 majority is required. CONSTITUTIONAL MONARCH :- This is a kind of constitutional Monarchy in which the monarchy is the head of a ceremonial empire and a symbol of a nation. The need for amendment may be very urgent for country, but the attempt to amend a rigid constitution may fail. Parliamentary sovereignty is commonly regarded as the defining principle of the British Constitution. Chapter I, Part II of the Nigerian Constitution clearly divides these powers among the three branches of government: The legislature. When people feel that a rigid constitution stands in the way of the effort of the national legislature to amend it to manage a crisis or to provide equality justice to people, they are likely to approach the judiciary to intervene. In addition, as ensured by the First Amendment, all American citizens are free to petition . At times, amendments are extremely necessary. 2023: Why zoning, experience, others should be a factor in Akwa Ibom politics by Godwin Edoho. What types of constitutions exist and what defines them? document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); I really admires and likes all your lessons because it teaches real source. ABSOLUTE MONARCH :- In Monarchal constitution, the king have absolute power and is a perfect ruler. Be the first to get hottest news from our Editor-in-Chief, Check your email and confirm your subscription. The division of powers in this system hampers the potential rise of despotic rulers, protecting the peoples liberty. CONSTITUTION Article 8 Sovereignty of the people 1. 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. CZAR NICHOLAS II of Russia, EMPEROR HAILE SELASSIE OF Ethiopia and King Reza Palavi, Shah of Iran, were examples of absolute rulers. One common way to amend the constitution is to increase the threshold of consent within parliament compared to ordinary legislature. Rigid laws are unsuitable for progressive nations in which amendments happen frequently. It is often asserted that the United States has a written constitution and the United Kingdom an unwritten one. RIGID CONSTITUTION: Rigid constitutions are those, which require a special procedure for the amendment. The distinction between unitary and federal states, Judicial review outside the United States. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. It is unsuitable for a country premised on a federal system. 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. The U.S. Constitution, at roughly 7,000 words, is a model of brevity, and many constitutions in Western countries are only slightly longer. Kindly take note of this. It may also face a rebellion or a revolution. This may encourage the rise of dictatorship, as a person, or a cabal with dictatorial propensity may amend it to advance such desires. Here are the main advantages and disadvantages of a republican constitution. 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. 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. ALSO READ: Advantage and disadvantages of an unwritten constitution. 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." Legit.ng recently explore the 18 local governments in Nigerias Cross River State. Continuing the comparison between the British and American constitutions, a further constitutional classification is possible: monarchical and republican. Parliamentary Form of Government 6. Top primary values and principles of constitutional democracy. This continued until when I was about to represent my school in a political science competition. A country operating a unitary system of government usually adopts a unitary constitution. 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. It has been criticized as being vague and indefinite. The system is not very stable since the prime minister does not have a fixed term. The Constitution of Nigeria is the written supreme law of the Federal Republic of Nigeria. process. 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. Types of Constitution: 1. 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. Warmly, Rigid: A federal constitution has the major legal authority than the other laws. One of the topics I loved so much during my secondary school days is the Types of constitution. I, Ch. A unitary constitution provides for government power to be vested in a single central government. Some clauses in such documents depend on the judicial interpretation that, at times, might not be ideal. It is said that such a constitution is not ideal for a democracy. 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. A parliamentary constitution is, in which all the executive power of the state is vest by the Prime Minister. Nevertheless, the provisions of the Swiss constitution have been changed repeatedly on many important points. A rigid constitution is usually in writing or a written constitution. A country that uses an unitary government system usually adopts an unconstitutional constitution. The Supreme Court has declared government regulation should be scrutinized very strictly when it infringes on a protected liberty (like procreation or marriage) or a protection action (like political speech), or when it unfairly discriminates against a protected class (like race or national origin). Human cloning pros and cons: Ethics vs. scientific progress. As a result, the legislature cannot blame the executive for the non-implementation of the nations policies. 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. Register or login to receive notifications when there's a reply to your comment or update on this information. Constitutions are widely classified into two categories, firstly written and unwritten ; and secondly, rigid and flexible. Although courts may always review governmental action to guard against the arbitrary or unreasonable, the starting point must be a presumption . The president then has the liberty to exercise his powers directly or through his deputy president, cabinet secretaries, or other officers. The laws, in this case, are quite elastic, drastically reducing the chances of a revolution by the people. The law provides for the existence of numerous political parties. The bureaucracy in democracies leads to unnecessary delays in decision making. This provision often results in highly contested elections, a potential trigger for violence and rebellion. Every codified constitution has uncodified elements. To understand a Monarchical constitution, you must understand that a monarchy is a government lead by a King, Queen, or Emperor. There are different types of constitutions under the monarchical setup. [1] [2] Nigeria has had many constitutions. 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. Here we go! First, at the very core of the Framers' Constitution is the recognition that, in a self-governing society, courts must generally defer to the preferences of the majority. A rigid constitution brings about a stable government whereas, there is no stability in a flexible constitution. Merits of Flexible Constitution. 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. This first set of constitutions was passed in the following years: 1914, 1922, 1946, 1951 and 1954. and. But there is stability in government with a rigid constitution, since it cannot be easily changed to suit the interest of just one person. constitution. However, a written constitution is not always rigid, but may be flexible and easy to amend. Anyways, if you have any contribution or questions to ask on this topic, do no hesitate to send them using the comment section. On the other hand, a flexible government is more suitable for a unitary system of government with a homogeneous population. 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. Such constitutions are written with the combined knowledge and experience of learned people, resulting in improved efficiency. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. Method 1: Congress Proposes an Amendment. 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. 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. [3] A good example of a country with a written constitution is the United States. Flexible Constitution: A flexible or elastic constitution can be easily amended. ALSO READ: Differences between a federal and unitary system of government. A constitution also lays principles to protect the human rights of its citizens. Written and Unwritten constitutionA written constitution is one in which the fundamental principles concerning state administration are embodied and which has, as a specific document, been passed by a specific body So a written constitution can be produced and shown as a . It easily safeguards the traditions of a country. 3. Here is a look at the different types of constitutions that exist in various nations worldwide. Trust me; this is the major advantage of a written constitution. There are two types of constitutions. (b) Constitutional Amendment requiring the direct involvment of the people through referendum. In his classic work on the difficulties of the amendment process, Donald Lutz ranked the U.S. Constitution as the most rigid one, and the Japanese Constitution as tenth . He is the head of government and the head of the majority party, but not the head of state. Each sphere of government exercises its constitutionally assign powers and functions. 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). In other words, the concept of a constitution is to provide facility people. The federal constitution cannot be changed in the same way as the . It does not exist in one document but can be found in judicial decisions, conventions, and statutes. It cannot be misused by government having the support of simple majority in the national legislate. Although it can actually be amended when found necessary. A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. Also read: what is rule of law in constitution. 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