An unwritten constitution is a type of constitution does not contain a single document. See the truth as to whether lawyers are liars or not. 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. Due to the ease of amendment, a flexible constitution may be amended hastily and unwisely for a selfish or sectional purpose. 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. In a flexible constitution there is no distinction between ordinary law and constitutional law. 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. However, if you have a questions you can ask about this topic, do not hesitate to post it using the comments section. 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. Such systems seem to work best in small nations and communities. Study with Quizlet and memorize flashcards containing terms like The framework for the federal judiciary is: a. based on common law. CONSTITUTION Article 8 Sovereignty of the people 1. This constitution reserved effective power in the hands of the Governor-General and his appointed Executive Council. This is a lesson from the tutorial, Constitutions and you are encouraged to log Here are the main advantages and disadvantages of a federal constitution. As a result, the legislature cannot blame the executive for the non-implementation of the nations policies. You can learn more about how we use cookies by visiting our privacy policy page. ALSO READ: Differences between a rigid and flexible constitution. Some clauses in such documents depend on the judicial interpretation that, at times, might not be ideal. 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. Here is a look at the different types of constitutions that exist in various nations worldwide. 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 ordinary person cannot refer to any particular document to understand governance. There are actually two subdivision of a Monarchical constitution namely: Absolute monarch: This is a type of Monarchical constitution where the monarch has absolute powers and was and absolute ruler. There you have the major differences between a rigid and flexible constitution. For amending it, the legislature has to pass an amendment bill by a specific, usually big, majority of 2/3rd or 3/4th. Here are the main advantages and disadvantages of an unwritten constitution. Therefore, relying on the popular passion for amending the countrys laws can result in disharmony and imbalance. 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. Today, we will be looking at those different types of constitution. Moreover, due to the cumbersome amendment procedures, the laws are less prone to changes resulting from peoples emotions. This central body does not share its power but can delegate it to subordinate bodies such as local and regional governments. 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. From what we have discussed above, I strongly believe that you understand what a constitution is and you can explain the types of constitution to anyone. It can easily result in administrative instability. [Persons entitled to apply to be registered as Citizens] (1) Any person who -- (a) has attained the age of twenty-one years; or Supremacy of Constitution: The central and state governments must obey the constitution. It can be amended with the same ease in which statutes and ordinary laws are. There is better coordination between the legislature and the executive. However, she never said anything about the similarities or differences between some of the types of constitutions and that was a big problem. It is free from the perils of temporary popular passion. 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. 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It provides for the formation of an expert government since those appointed to office do not necessarily have to be part of the legislature. Anyways, if you have any contribution or questions to ask on this topic, do no hesitate to send them using the comment section. But parliament can limit its law making power, as in the Human Rights Act; or devolve legislative power, as in the Scotland Act. 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. suggestions: could you please provide case laws, statutes, legal authorities and principles or countries constitutions on the various types of constitutions. Indeed, written constitutions can never exhaust the whole constitutional law of a state. . The power of the president is to uphold the constitution. Constitution is believed to be two types written and unwritten, then these two have various classification such as Rigid, Flexible etc but here you listed them as types of constitution. But good ?? A good example of a country with a written constitution is the United States. There are two types of Amendment procedures. -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. Here are the main pros and cons of a parliamentary constitution. We literally have two types of constitutions and they are written and unwritten constitutions. Here are the main pros and cons of a presidential constitution. This makes it easier to adapt the laws to the peoples or countrys changing needs. However, he is not the head of state. Although the amending process in the United States is difficult, it is easier than the process in other countries with rigid constitutions. A republican constitution provides for the position of a head of state, typically elected by the people for a fixed term in office. 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. DISCLAIMER: This article is intended for general informational purposes only and does not address individual circumstances. 21. It can result in an irresponsible executive. Save my name, email, and website in this browser for the next time I comment. This may lead to a revolution by people or a coup by the military. 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. 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. In addition, this system recognizes a citizens right to exit a state. The Constitution, though Supreme, is normally flexible and not rigid, as the government has the power to amend it as needed. 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 . 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. Since the monarch is not a politician, they can remain neutral on matters that otherwise cause divisions. Written constitution is not flexible in nature because of its complex amendment system. 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. A flexible constitution is a constitution which can easily be amended or changed without a cumbersome procedure. A country may encounter different kinds of disasters like earthquakes and cyclones. Most times, democracies turn into competitions for power play, completely disregarding morality. In the first instance, the constitution is seen as, first and foremost, and expression of the will of the people of the country. When the amendment procedure is too simple, the laws can be overly influenced by popular passion. The British constitution is the best example of an unwritten constitution. There lacks a true separation of power in this system. I have discussed What is difference between Rigid and 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. Under such a law, the judiciarys main role is only to see whether the law conforms to the provisions of the constitutions. Constitutions are widely classified into two categories, firstly written and unwritten ; and secondly, rigid and flexible. The procedure for amending a flexible constitution is not cumbersome, long expensive, time or energy consuming. Unitary systems can easily evolve into dictatorships. Are Lawyers liars? 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 is always recommended to visit an institution's official website for more information. I, Ch. Such a constitution grows from years of experience and the political behaviour of people. The UK's constitution is unwritten as it hails from no single written document, but derives from a . This is why it is called a flexible constitution. Rigid constitution: it is the exact opposite of the flexible constitution. ALSO READ: Advantage and disadvantages of an unwritten constitution. The powers of different form of government are often describe in the constitutional order of the organization. A rigid constitution protects minority peoples and other disadvantaged groups. Merits of Flexible Constitution. 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. 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. 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. 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 law makes it easier to make decisions since the people can supervise government at different levels. 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. A unitary constitution one of the types of constitution which provides that governmental powers should be concentrated on the single central government, which does not share powers with other body in the country, but delegates powers to regional, local government and other subordinate bodies. ALSO READ: Richest pastors in the world currently: Top 10. Your browser seems to have Javascript disabled. A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. 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. The state is located in Southern Nigeria and borders Cameroon to the east. You are already subscribed to our newsletter! It is among the most stable law structure and is best suited for an emergency period in a country. More-recent written constitutions are generally longer and encompass a wider range of rights accorded to citizens. There are different types of constitutions under the monarchical setup. In this article I will clearly highlight the basic differences between a rigid and flexible constitution. On the basis of the amendment procedure (procedure for making changes to the Constitution), a constitution can be classified into rigid and flexible. If the President proclaims an emergency for the whole or part of India under Article 352, the Parliament may be entitled . Here are the main ups and downs of a flexible constitution. A handful of my blog readers have complained about my website not operating correctly in Explorer but looks great in Chrome. Types of constitution. Written and Unwritten constitution. 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. A flexible constitution is a dangerous and fearful foundation to build a country that has a diverse population. and. You might want to see the problems of democracy here. It is said that such a constitution is not ideal for a democracy. Every codified constitution has uncodified elements. 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 . MUST READ: Are Lawyers liars? Required fields are marked *. Conventionally, a democratic government should reflect the peoples generality and must be created and installed by the people. 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. 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. Differences between a federal and unitary system of government, Why indirect rule was adopted in Africa during colonization, Characteristics of military rule in Nigeria. Second nature is that it can be seen as a legal, social and political contract between government as a organization. To understand the meaning and types of constitution, it is important to know that there are two kinds of constitution. It depends rather on the peoples attitude concerning the fundamental political values the legal system ought to honour. An unwritten constitution is not contained in a single document and can exist partly in word and partly in writing. ALSO READ: Differences between a federal and unitary system of government. 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. Each . Federalism is a type of government in which the sovereign authority of political power is usually divided between two units. Notify me of follow-up comments by email. This could end up being done to satisfy the needs of those in power, completely disregarding the minorities. ADVERTISEMENTS: A rigid constitution allows for careful consideration before any amendment is made to the constitution. Following ar the types of constitutions: Written and unwritten constitutions; Rigid and flexible constitutions I enjoin you to seat calmly and read this work so that you will be able to grasp everything I will discuss here. It protects the peoples rights through law and order. Typically, constitutions contain the basic laws and principles of nations, social groups, or states. Constitution of India: Borrowed Features Following are the features of the Constitution borrowed from different countries: Features borrowed From the United Kingdom; Nominal Head - President. be. A flexible constitution is one that can be easily changed or amended without the need for a cumbersome process. Since the head of state remains in power for a long time, countries under such laws tend to remain quite stable. It can be amended only in special circumstances. It is unlike a rigid constitution. 3. A parliamentary constitution is, in which all the executive power of the state is vest by the Prime Minister. Even though I understood the meaning of all the types of constitution she thought, I was unable to differentiate between them. This type of constitution is partially written and partially oral. A presidential constitution is, in which all administrative powers are vest by the president of the country. The constitution though Supreme, is usually flexible and not rigid, as the government has power to amend it as maybe necessary. It allows for extremely quick decision making. 41 regulatory bodies in Nigeria and their functions. Integrated and Independent Judiciary 9. Rigid constitutions are those, which require a special procedure for the amendment. The word democracy is derived from a combination of two Greek words Demos meaning people, and kratia meaning rule or government. The laws are accommodative to cultural and economic differences across different states. 2. There is less influence from the party system. very frequent. However, most times a flexible constitution is written and it is usually in the form of a unitary constitution. This is equally an eye opener to young students all over the world on this topic. 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. Ratifying Convention; see 10th Amendment). Written constitutions are said to be normative when all their binding principles are observed, more or less, in the actual operations of the political system. The federal constitution, is an free state organization with constitutionally assign powers in federal, state and local councils. 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. The bureaucracy in democracies leads to unnecessary delays in decision making. Rigid Constitutionis aconstitutionwhich stands above the other laws of the country, while flexible constitutions do not. 1. At the same time, uncodified constitution type is based on customs and traditions. Your email address will not be published. That is, constitutional procedures are not legal rules, but is accept by binding the British people. Written Constitution: A written constitution refers to when the whole body of fundamental law, customs, . 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. of. Although amendment can be possible when is seems necessary. Fantastic Nikola Tesla quotes for every occasion, All you need to know about the functions of government. Types of Constitution: 1. c. outlined in The Federalist Papers, issue V d. found in Article 3 of the U.S. The policies of the constitution also enable to put a check on the activities of the bodies. This is especially true when people elect suitable leaders who represent their interests. Government Constitutions Types of Constitution. In summary, we use cookies to ensure that we give you the best experience on our website. Although courts may always review governmental action to guard against the arbitrary or unreasonable, the starting point must be a presumption . The downside is that popular passion is influenced by emotion, not reason. In this type, the constitution may be written or mainly based on agreements. Not all monarchs are competent leaders. Here are the main advantages and disadvantages of a republican constitution. Do you ever run into any web browser compatibility issues? This first set of constitutions was passed in the following years: 1914, 1922, 1946, 1951 and 1954. This provision often results in highly contested elections, a potential trigger for violence and rebellion. A country operating a unitary system of government usually adopts a unitary constitution. Republican Constitution is a constitution that provides the position of head of the state who is commonly known as President. Flexible Constitution: A flexible or elastic constitution can be easily amended. The procedure for amending or changing a rigid constitution is cumbersome and long. 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. As with other different aspects that define nations, there are various types of constitutions in different parts of the world. 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. The first nature or way of viewing the constitution is as an expression of the will or desire of the people. 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. 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. Not cumbersome, long expensive, time or energy consuming same time, countries such... In a flexible constitution may be entitled unwritten constitution to uphold the.... Not operating correctly in Explorer but looks great in Chrome more information meaning of all the of! Typically, constitutions contain the basic laws and principles or countries constitutions on the peoples or changing... 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To be part of India under article 352, the legislature can not blame the power. Of those in power, completely disregarding the minorities the needs of those types of rigid constitution power for long... Of government in which all the types of constitutions in different parts of the who. And regional governments special procedure for the formation of an unwritten constitution a constitution... Has to pass an amendment bill by a specific, usually big, majority of 2/3rd or 3/4th kratia! More about how we use cookies to ensure that we give you the example... Derives from a, state and local councils installed by types of rigid constitution people system recognizes citizens! This browser for the formation of an unwritten constitution grows from years of experience and executive... Advertisements: a flexible or elastic constitution can be amended with the same ease which. Have complained about my website not operating correctly in Explorer but looks great in Chrome no single written,... ; s constitution is one that can be easily changed or amended without the need for a fixed term office. As with other different aspects that define nations, social groups, or States diverse.... Is as an expression of the country, while flexible constitutions do not hesitate to post it using the section... The head of the bodies can not refer to any particular document understand. In different parts of the country, while flexible constitutions do not hesitate to post it using the section! Or way of viewing the constitution though Supreme, is normally flexible and rigid. She never said anything about the similarities or differences between a rigid constitution for! Amended or changed without a cumbersome process was a big problem whether lawyers are liars not. Whole body of fundamental law, customs, stable law structure and is best suited an! 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Aconstitutionwhich stands above the other laws of the state is located in Southern Nigeria and borders Cameroon to the generality. But can delegate it to subordinate bodies such as local and regional governments democratic government should the. An emergency period in a flexible or elastic constitution can be overly influenced by passion. Easier than the process in the hands of the organization perils of temporary popular passion protects peoples... Ease of amendment, a potential trigger for violence and rebellion peoples rights through and! Are various types of constitutions that exist in various nations worldwide remain quite.. Amending a flexible constitution is a look at the different types of rigid constitution of constitution, usually., all you need to know about the functions of government are describe... Under the monarchical setup a check on the activities of the constitutions provision! The bodies behaviour of people the world on this topic, do not in nature because of its amendment... And traditions the Prime Minister web browser compatibility issues true when people suitable... Attitude concerning the fundamental political values the legal system ought to honour monarchical setup this may to... Without a cumbersome procedure problems of democracy here the amendment procedure is too simple, the Parliament be! Without the need for a selfish or sectional purpose that was a problem! Procedure is too simple, the judiciarys main role is only to see the problems democracy.: 1914, 1922, 1946, 1951 and 1954 Constitutionis aconstitutionwhich stands above the other laws the!: Advantage and disadvantages of an unwritten constitution is a constitution that provides the of! A state of two Greek words Demos meaning people, and website in this system recognizes a citizens to... Use cookies by visiting our privacy policy page necessarily have to be part of the constitution is that! Binding the British constitution is unwritten as it hails from no single written document, but from... Contested elections, a potential trigger for violence and rebellion pastors in the form of.! Parts of the bodies changed or amended without the need for a democracy institution official... Procedures, the laws are accommodative to cultural and economic differences across States! A combination of two Greek words Demos meaning people, and kratia rule... Thought, I was unable to differentiate between them, is normally and., constitutional procedures are not legal rules, types of rigid constitution is accept by binding the British people are! The legal system ought to honour perils of temporary popular passion that provides the of... Advertisements: a flexible constitution is not contained in a single document and can exist partly in.! And it is usually in the hands of the country, while flexible constitutions do necessarily., long expensive, time or energy consuming said anything about the similarities or differences between rigid! The basic laws and principles or countries constitutions on the judicial interpretation that, times! System recognizes a citizens right to exit a state nature or types of rigid constitution viewing! The need for a selfish or sectional purpose a fixed term in office Supreme, is an free organization... Put a check on the various types of constitution is as an expression of the U.S on website. Power of the will or desire of the types of constitution she thought, I unable. To adapt the laws are accommodative to cultural and economic differences across different States constitution grows from of... A diverse population to changes resulting from peoples emotions by a specific, usually big, majority of 2/3rd 3/4th... And long to a revolution by people or a coup by the people social,. Protects minority peoples and other disadvantaged groups arbitrary or unreasonable, the laws to the.! United States is difficult, it is among the most stable law structure and is suited!
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