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. Rigid constitution: it is the exact opposite of the flexible constitution. of. 21. On the other hand, the unwritten constitution evolves gradually as well as it is updated with a passage of time. Continue With the Mobile App | Available on Google Play. 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. Since the presidents tenure is fixed, the country has more stability since it is highly unlikely to have an unplanned shift in power. The ordinary person cannot refer to any particular document to understand governance. A flexible constitution is, which can be easily amend or change without a complicate process. A rigid constitution allows for careful consideration before any amendment is made to the constitution. Drawn from Various Sources 3. The rigid constitution, being precise and clear, discourages and combats arbitrary actions. what are the differences between rigid and flexible Constitution. Register or login to receive notifications when there's a reply to your comment or update on this information. Secondly, it can be seen as a social contract between the government as an entity and the people on the one hand. The laws are accommodative to cultural and economic differences across different states. 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. Be the first to get hottest news from our Editor-in-Chief, Check your email and confirm your subscription. Don't want to keep filling in name and email whenever you want to comment? suggestions: could you please provide case laws, statutes, legal authorities and principles or countries constitutions on the various types of constitutions. Rigid and flexible constitutions. Kindly take note of this. The British Constitution is an excellent example of an unwritten constitution. Flexible and Rigid Constitution A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. Rule Of Law 8. A country that uses an unitary government system usually adopts an unconstitutional constitution. The authority has been given to states to make its laws on education, police, taxation system etc. In most cases, the head of state is known as the president. A rigid constitution is a constitution which has a cumbersome or long amendment procedure. At times, amendments are extremely necessary. But good ?? Republican Constitution is a constitution that provides the position of head of the state who is commonly known as President. Since the monarch is not a politician, they can remain neutral on matters that otherwise cause divisions. Ratifying Convention; see 10th Amendment). To understand the meaning and types of constitution, it is important to know that there are two kinds of constitution. ALSO READ: Advantage and disadvantages of an unwritten constitution. What is a written constitution? A republican system is democratic since people elect their rulers and can question them or vote them out. Bill of Rights b. Federalist Papers c. Federal Judiciary Act of 1789 d . In summary, we use cookies to ensure that we give you the best experience on our website. Notify me of follow-up comments by email. 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. In addition, this system recognizes a citizens right to exit a state. and. For example, theConstitution of Australia is rigid, while theBritish Constitutionand theIsraeli Constitutionare flexible. This type of constitution is unsuitable for tiny countries. 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. I will be glad to hear from you! A written constitution, is a type of constitution which contain a single document and can be easily obtain and negotiate on any subject under discussion. A rigid constitution protects minority peoples and other disadvantaged groups. It does not allay the fear of ethnic domination of the minority by the majority people or religion in a multi-ethnic country. The rigid constitution contributes to political stability. 41 regulatory bodies in Nigeria and their functions. 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. All sovereign power resides in the Nations, Nationalities and Peoples of Ethiopia. It also serves as an important port city to both the Cross River State and Nigeria at large. Typically, constitutions contain the basic laws and principles of nations, social groups, or states. A flexible constitution is a dangerous and fearful foundation to build a country that has a diverse population. It easily safeguards the traditions of a country. 1. Written constitution: This is where all the laws governing a country are codified into a single document or book. Monarchs can easily impose their personal beliefs and preferences on the people. Whereas, there may not be an ideal or desirable change of the constitution by the government in a flexible constitution. be. Each sphere of government exercises its constitutionally assign powers and functions. The system is considerably cheaper to run since there are not many bodies that require funding from the central government. A constitution also lays principles to protect the human rights of its citizens. There are different types of constitutions under the monarchical setup. 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. How many types of constitutions are there? (b) Constitutional Amendment requiring the direct involvment of the people through referendum. It has been criticized as being vague and indefinite. Also read: what is rule of law in constitution. What do you know about the main top types of inflation? Great Britain is the solitary example of such a type of. 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. The codified constitution is a set of laws created at a specific period of time. The ruling class cannot use the constitution to further its narrow interest. Every codified constitution has uncodified elements. A rigid constitution protects the fundamental rights of the individual. Under this scheme there are two types of constitution.-flexible and rigid. Here are the main pros and cons of a presidential constitution. very frequent. More-recent written constitutions are generally longer and encompass a wider range of rights accorded to citizens. Advantages and disadvantages of democracy, READ ALSO: 18 local governments in Cross River state and their headquarters. ALSO READ: Richest pastors in the world currently: Top 10. Federalism is the distribution of power between the federal government and state governments. 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. On the other hand, a federal one provides for an association of states in which power is shared. It may also face a rebellion or a revolution. Notify me of follow-up comments by email. 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. Study with Quizlet and memorize flashcards containing terms like The framework for the federal judiciary is: a. based on common law. The downside is that popular passion is influenced by emotion, not reason. 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. The system can result in significant economic disparities across states. The laws, in this case, are quite elastic, drastically reducing the chances of a revolution by the people. It is not in one document, but can be found in various sources, such as statutes, conventions and judicial decisions. A parliamentary government is, in most cases, more responsible than a presidential government. It is said that such a constitution is not ideal for a democracy. See the truth as to whether lawyers are liars or not. Countries that have rigid constitution includes: United States, Canada, France, Ghana, Nigeria, Sierra Leone, South Africa etc. hasty. However, she never said anything about the similarities or differences between some of the types of constitutions and that was a big problem. It safeguards peoples rights against legislative encroachment. For amending it, the legislature has to pass an amendment bill by a specific, usually big, majority of 2/3rd or 3/4th. At times, unwritten laws can result in considerable instability. 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. This exposes the constitution to judicial intervention. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); What are the different types of Constitution, on What are the different types of Constitution. The word democracy is derived from two Greek words, demos and kratia. The former means people while the latter means government or rule. Defects of Unwritten Constitutions :-Unwritten constitutions, like those of the rigid type, have elements of weakness. You might want to see the problems of democracy here. When the amendment procedure is too simple, the laws can be overly influenced by popular passion. The system allows economic, social, and political experimentation since power is shared across different states. Here are the main advantages and disadvantages of a federal constitution. 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. A handful of my blog readers have complained about my website not operating correctly in Explorer but looks great in Chrome. Tell me what you think about the differences between a rigid and flexible constitution highlighted here. There are two types of constitutions. b. found in the Declaration of Independence. It can be viewed as a contract between the people and the government. 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 . 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. subjected. Only under rigid constitutions is it possible to establish institutional controls to ensure the conformity of legislation with the principles considered indispensable for the well-being of the community. Integrated and Independent Judiciary 9. 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. It must also be a government formed and installed by the people. Rigid laws are unsuitable for progressive nations in which amendments happen frequently. This is the ultimate law-making power vested in the UK parliament to create or abolish any law. Put in a different way, in a unitary constitution, all government powers are concentrated in the central or national government as the only source of authority from which powers emanates. However, if you have a questions you can ask about this topic, do not hesitate to post it using the comments section. In light of the above, a democratic constitution is a constitution that allows the people to choose their leaders by way of election, or to reject such leaders and their programmes, when they are no longer serving the interests of the the people. Kinds Rigid or inelastic Flexible or elastic. The procedure for amending or changing a rigid constitution is cumbersome and long. This provision often results in highly contested elections, a potential trigger for violence and rebellion. At its most basic, a constitution is an instrument that embodies the rules of a social, legal or political organization. Some clauses in such documents depend on the judicial interpretation that, at times, might not be ideal. That's why it is very difficult to amend US constitution. . Oh yeah! It means that the sovereign unit (Centre) and local units . This type of constitution may be amended just like any statute, with a simple majority of vote of the members of the parliament. 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. Classification of constitution Written and unwritten constitution Rigid and flexible constitution 1. The different types of constitutions have their merits and demerits and instances in which they are best suited. Here are the four (4) types of constitutions. 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. The laws contained in it can be amended as simply as one would amend a statute, with a simple majority vote in parliament. Difference between written and unwritten constitution 2. SUMMARY: A constitution of the state has the following main functions:- To declare the existence of the state, its name, people, character, political ethos and system; To declare the territorial boundaries of the state (Article 2); To establish organs of governance, provide for recruitment, disciplining of public officials and provide for A country may encounter different kinds of disasters like earthquakes and cyclones. However, the Constitution does not create clear-cut lines for which types of policy fall under each level of government. Their sovereignty shall be expressed through their representatives elected in accordance with this Constitution and through their direct democratic It is the. Nevertheless, the provisions of the Swiss constitution have been changed repeatedly on many important points. The Rigid Constitution is a type of constitution that is not easily amended. Such systems seem to work best in small nations and communities. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. 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. Rigid Constitutionis aconstitutionwhich stands above the other laws of the country, while flexible constitutions do not. There lacks a true separation of power in this system. An unwritten constitution is a type of constitution does not contain a single document. 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. process. ADVERTISEMENTS: Fundamental Rights 10. Even though I understood the meaning of all the types of constitution she thought, I was unable to differentiate between them. It is necessary to take quick decisions to deal with such emergencies. Types of majorities: Simple majority Special majority Effective majority Absolute majority Meaning of Quorum: minimum members requires for the particular meeting. One of the topics I loved so much during my secondary school days is the Types of constitution. not. 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. A flexible constitution may be amended just like any statute with a simple majority of votes of the members of the parliament. Rigid constitutions are those, which require a special procedure for the amendment. The United Kingdoms constitution is flexible, because any of its constitutional institutions and rules can be abrogated or modified by an act of Parliament. 4 It prevents the autocratic exercise of powers by the government 5 It is ideal for a federation. But It is not a single document, but it contain various sources, such as statutes, convection, and judicial decisions. differences between a rigid and flexible constitution. A rigid constitution is usually in writing or a written constitution whereas, a flexible constitution may be in written or unwritten form. We use cookies and similar technologies to ensure our website works properly, personalize your browsing experience, analyze how you use our website, and deliver relevant ads to you. Its method of amendment is difficult. Constitutions worldwide are categorized into different types on the basis of their physical form and the procedure laid down to make changes in them. Under such a law, the judiciarys main role is only to see whether the law conforms to the provisions of the 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. Normative constitutions predominate in the United States, Australia, Canada, Japan, and the countries of western Europe, while nominal constitutions are common in countries ruled by a one-person or a one-party dictatorship or by a military junta. Socialism pros and cons: Is this type of economy good or bad? Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. \(\overset{\underset{\mathrm{def}}{}}{=} \). Method 1: Congress Proposes an Amendment. 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. Types of constitution. Why is the Nigerian Constitution Important? Flexible and Rigid Constitution. Written and unwritten constitutions. The United Kingdom's constitution is flexible, because any of its . Supremacy of Constitution: The central and state governments must obey the constitution. In a federal system, a person can compare political, social, and economic systems in different states and relocate to one they find more suitable. Countries where this type of constitution is being practice, the head of state who conducts ceremonial events only. There is less influence from the party system. This is one of the major criticisms of a flexible constitution. You are already subscribed to our newsletter! It is quite difficult to amend, making it too rigid. A rigid constitution is suitable for a federal system of government. It protects the rights of the minority through judicial systems. 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. The procedure for amending a flexible constitution is not cumbersome, long expensive, time or energy consuming. The federal constitution, is an free state organization with constitutionally assign powers in federal, state and local councils. In other words, the concept of a constitution is to provide facility people. The constitution of 1946 was passew when the Westminster Style Parliamentary Constitution was enacted in the country. For this type, constitutional law can be amended in the same way as ordinary law. 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 flexible constitution may be an unwritten constitution, such as, the constitution of Britain and New Zealand. Bills passed by the countrys legislative arm need to undergo numerous processes before becoming law. -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. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. In this type, the constitution may be written or mainly based on agreements. As with other different aspects that define nations, there are various types of constitutions in different parts of the world. (Of course, there exists the further possibility of change, in both cases, through the extreme means of a popular revolution or a military coup dtat.) This could end up being done to satisfy the needs of those in power, completely disregarding the minorities. 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