Countries that have rigid constitution includes: United States, Canada, France, Ghana, Nigeria, Sierra Leone, South Africa etc. For passing or amending an ordinary law, the . This is one of the major criticisms of a flexible constitution. You must there are over 200,000 words in our free online dictionary, but you are looking for one that's only in the Merriam-Webster Unabridged Dictionary. 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. Top primary values and principles of constitutional democracy. 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. what are the different sources of constitution, what are the different source of constitution, Presidential and Parliamentary Constitution. The enactment or amendment of common law is usually made by a simple majority of the votes in the relevant parliament which has the power to make or amend that law. in or register, 2. Federations tend to be more democratic since leaders are answerable at multiple levels, not only the top government. Below are the advantages of a flexible constitution: A flexible constitution is usually easy to amend. A rigid constitution is usually in writing or a written constitution. On the other hand, a monarchical one provides for a government led by an emperor, king, or queen. 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 rigid constitution protects minority peoples and other disadvantaged groups. Indeed, written constitutions can never exhaust the whole constitutional law of a state. Indian Constitution is neither rigid nor flexible because, under Article 368, the Constitution can be amended by a simple majority or by the special majority and by the majority of not less than 2/3 members of each house. Chapter I, Part II of the Nigerian Constitution clearly divides these powers among the three branches of government: The legislature. 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. On the other hand, a rigid constitution is a type of constitution, which has a cumbersome or long amendment procedures. Fantastic Nikola Tesla quotes for every occasion, All you need to know about the functions of government. Absolute monarch: This is one in which the monarch has absolute powers of governance. In contrast, the federal constitution provides different structure of government in national, state and local councils. This continued until when I was about to represent my school in a political science competition. The constitutions of USA, Australia and Switzerland are the example of a rigid constitution. The system is considerably cheaper to run since there are not many bodies that require funding from the central government. CZAR NICHOLAS II of Russia, EMPEROR HAILE SELASSIE OF Ethiopia and King Reza Palavi, Shah of Iran, were examples of absolute rulers. In a unitary constitution, all the powers of government are in center, as it is the only source of authority from which power flows. 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 Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. However, the process of amending a rigid constitution may include a two-thirds majority vote of the members of the federal legislature, as well as a tow-thirds majority vote in two-thirds of the state legislatures in that country. Instead of a 50% + 1 majority, a 2/3, 3/5 or 3/4 majority is required. Rigid constitution: it is the exact opposite of the flexible constitution. When the amendment procedure is too simple, the laws can be overly influenced by popular passion. One of the topics I loved so much during my secondary school days is the Types of constitution. It is premised on stability and performance. This type of constitution may be amended just like any statute, with a simple majority of vote of the members of the parliament. Each division has its constitutional powers and functions. 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). At its most basic, a constitution is an instrument that embodies the rules of a social, legal or political organization. There are no elections costs in monarchs. This type of constitution is partially written and partly oral. Under such a law, the judiciarys main role is only to see whether the law conforms to the provisions of the constitutions. A Constitution that has been systematically and meticulously written down and embodied in a single document is known as a Written Constitution. 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. For example, theConstitution of Australia is rigid, while theBritish Constitutionand theIsraeli Constitutionare flexible. constitution. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. 1. It does not exist in one document but can be found in judicial decisions, conventions, and statutes. Legit.ng recently explore the 18 local governments in Nigerias Cross River State. The great majority of countries have rigid constitutions. 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. Critics of this system argue that it results in more corruption since the justice system often overlooks the atrocities committed by royal families. The system is not very stable since the prime minister does not have a fixed term. Human cloning pros and cons: Ethics vs. scientific progress. 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 judiciary. While they can be equipped with the necessary skills for many years, it does not necessarily mean that the person has the inborn will to lead people. This is why it is called a flexible constitution. That's why it is very difficult to amend US constitution. There lacks a true separation of power in this system. 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? Your browser seems to have Javascript disabled. Uncodified and codified are they among types of constitution, Pls provide case laws and authorities backing this types of constitution. On the other hand, a federal system of government is an association of free states where power is constitutionally shared to the federal, state and local councils, and with each tier of government exercising its constitutionally assigned powers and functions. 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. In a flexible constitution there is no distinction between ordinary law and constitutional law. Even though I understood the meaning of all the types of constitution she thought, I was unable to differentiate between them. Notify me of follow-up comments by email. It does not share power with other organs in the country, but transfers power to provincial, local and other sub-government. This provision often results in highly contested elections, a potential trigger for violence and rebellion. It protects the rights of the minority through judicial systems. However, he is not the head of state. Subscribe my Channel: https://www.youtube.com/channel/UCqKvfWhZpdrCA1C51RShQnA . The state is located in Southern Nigeria and borders Cameroon to the east. In summary, we use cookies to ensure that we give you the best experience on our website. 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. 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The bureaucracy in democracies leads to unnecessary delays in decision making. The Constitution, though Supreme, is normally flexible and not rigid, as the government has the power to amend it as needed. But the government could fail to take decisions if the country concerned has a rigid constitution. It is quite difficult to amend, making it too rigid. 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. The codified constitution is a set of laws created at a specific period of time. This can result in improved national unity. c. outlined in The Federalist Papers, issue V d. found in Article 3 of the U.S. This type of government is also known as a "federation" or a "federal state" in common parlance (eg., United States of America). subjected. Its current form was enacted on 29 May 1999 and inaugurated the Fourth Nigerian Republic. Skinner v. Advantages and disadvantages of democracy, READ ALSO: 18 local governments in Cross River state and their headquarters. Like common law and customary law, an unwritten constitution grows from many years of practical experience and through human political approach. It is free from the perils of temporary popular passion. Do you have any solutions to help fix this issue? Not all monarchs are competent leaders. Your email address will not be published. It is among the most stable law structure and is best suited for an emergency period in a country. It can be amended only in special circumstances. The best example of this is the British constitution. Save my name, email, and website in this browser for the next time I comment. Continue With the Mobile App | Available on Google Play. Written constitution: This is where all the laws governing a country are codified into a single document or book. This constitution reserved effective power in the hands of the Governor-General and his appointed Executive Council. The Constitution is the creature of the State. 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. The word democracy is derived from a combination of two Greek words Demos meaning people, and kratia meaning rule or government. I will be glad to hear from you! This may lead to a revolution by people or a coup by the military. In countries with low literacy levels and poor. A rigid constitution brings about a stable government whereas, there is no stability in a flexible constitution. Organizing and providing relevant educational content, resources and information for students. Do you ever run into any web browser compatibility issues? Don't want to keep filling in name and email whenever you want to comment? A rigid constitution is a constitution which has a cumbersome or long amendment procedure. However, the procedure for amending a rigid constitution may include an absolute majority. Difference between rigid and flexible constitution Previous Post Sources of the Indian Constitution What types of constitutions exist and what defines them? This is the ultimate law-making power vested in the UK parliament to create or abolish any law. A codified constitution is a constitution that is contained in a single document, which is the single source of constitutional law in a state. In a federal system, a person can compare political, social, and economic systems in different states and relocate to one they find more suitable. 20. ALSO READ: Features of Democracy: See the major features of democracy. The British constitution includes, for example, the Bill of Rights (1689), the Act of Settlement (1701), the Parliament Act of 1911, the successive Representation of the People Acts (which extended suffrage), the statutes dealing with the structure of the courts, and various local government acts. 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 . not. Here are the main ups and downs of a flexible constitution. Nonetheless, I will still give you a comprehensive explanation of the differences between flexible and rigid constitution as we continue. Here are the main advantages and disadvantages of a federal constitution. It is unsuitable for a country premised on a federal system. Therefore, the people have little to no say on matters of whoever governs the country. Written constitution is not flexible in nature because of its complex amendment system. Rigid constitutions are those, which require a special procedure for the amendment. In fact, however, many parts of the British constitution exist in written form; for this reason, most scholars prefer to classify it as uncodified rather than unwritten. It also serves as an important port city to both the Cross River State and Nigeria at large. Rigidity lends legitimacy to the constitution. There are two types of constitutions. In other words, the concept of a constitution is to provide facility people. A parliamentary constitution is, in which all the executive power of the state is vest by the Prime Minister. ABSOLUTE MONARCH :- In Monarchal constitution, the king have absolute power and is a perfect ruler. Like common law and customary law, an unwritten constitution grows from many years of practical experience and from the political way of the people. The Rigid Constitution is a type of constitution that is not easily amended. The laws are accommodative to cultural and economic differences across different states. This happens because all resources have to be mobilized by the national government. That is, constitutional practices which are not legal rules, but are accepted as binding by the British people. 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. It is often asserted that the United States has a written constitution and the United Kingdom an unwritten one. Such constitutions are written with the combined knowledge and experience of learned people, resulting in improved efficiency. In a unitary system, the people only owe their allegiance to one central body of power. The U.S. Constitution, at roughly 7,000 words, is a model of brevity, and many constitutions in Western countries are only slightly longer. The laws reflect a nations historical continuity. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. Federal System with Unitary Bias 5. Conventionally, a democratic government should reflect the peoples generality and must be created and installed by the people. 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. Rigid Constitution: The Rigid Constitution is one which cannot be easily amended. A rigid constitution protects the fundamental rights of the individual. This type of constitution is partially written and partially oral. In particular, proposed amendments to the Constitution and other types of constitutional laws (see Question 1) must undergo two successive debates in each House of . 41 regulatory bodies in Nigeria and their functions. The procedure for amending or changing a rigid constitution is cumbersome and long. Government Constitutions Types of Constitution. If necessary changes are not inserted in the constitution in view of the changes that take place with the march of time, the consequences may be very bad for country. But good ?? 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. A flexible constitution by its nature does not protect the interest of minority, disadvantaged or despised people. Democracies often have high levels of corruption since they are primarily based on electoral competition. It contains titles available in the ASCL Library and published in the past six years. According to Friedrick, "The great and . Parliamentary Form of Government 6. 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. Since the presidents tenure is fixed, the country has more stability since it is highly unlikely to have an unplanned shift in power. A rigid constitution is likely to fail to cope with time and environment. This is especially true when people elect suitable leaders who represent their interests. 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. It protects the peoples rights through law and order. Today, we will be looking at those different types of constitution. Most times, democracies turn into competitions for power play, completely disregarding morality. Typically, constitutions contain the basic laws and principles of nations, social groups, or states. The burden of work can become quite heavy for those in government. A rigid constitution brings about a stable government whereas, there is no stability in a flexible constitution. Historical examples include Emperor Haile Selassie of Ethiopia, Czar Nicholas II of Russia, and the former Shah of Iran, Reza Palavi. This may encourage the rise of dictatorship, as a person, or a cabal with dictatorial propensity may amend it to advance such desires. The powers of different form of government are often describe in the constitutional order of the organization. This answer has two elements. 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. This will go a long way to help you understand the differences as we continue. Here are the main pros and cons of a unitary constitution. 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 To understand the Monarchical Constitution, you must understand that the monarchy is a government govern by a King, Queen, or Emperor. The different types of constitutions have their merits and demerits and instances in which they are best suited. 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. A unitary constitution provides for government power to be vested in a single central government. (b) Constitutional Amendment requiring the direct involvment of the people through referendum. It, therefore, leaves room for possible changes. At times, amendments are extremely necessary. If the President proclaims an emergency for the whole or part of India under Article 352, the Parliament may be entitled . Are Lawyers liars? The president then has the liberty to exercise his powers directly or through his deputy president, cabinet secretaries, or other officers. The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary laws of the land. This Constitution is an expression of their sovereignty. A rigid constitution is good for a federal system, because neither the centre nor the federal units can easily change it to their advantage. In todays article, i will be sharing with you the differences between a rigid and flexibile constitution. 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. Such a constitution grows from years of experience and the political behaviour of people. This type of constitution may be amended just like any statute, with a simple majority of vote of the members of the parliament. The distinction between unitary and federal states, Judicial review outside the United States. ALSO READ: Richest pastors in the world currently: Top 10. The laws contained in it can be amended as simply as one would amend a statute, with a simple majority vote in parliament. He is the head of government and the head of the majority party, but not the head of state. 1. Royal families in monarchs lead very expensive lifestyles that could burden the citizens. Flexible and Rigid Constitution. As it is partially written and not partially not written, the British Constitution is based on a number of practices or convection. Secondly, it can be seen as a social contract between the government as an entity and the people on the one hand. A flexible constitution is one that can be easily changed or amended without the need for a cumbersome process. Pros and cons of GMOs explained in detail. 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. This kind of constitution can amend like any other law, by a simple vote of the members of parliament. Republican Constitution is a constitution that provides the position of head of the state who is commonly known as President. The rigid constitution contributes to political stability. It depends rather on the peoples attitude concerning the fundamental political values the legal system ought to honour. 2. There is less influence from the party system. hasty. The ruling class cannot use the constitution to further its narrow interest. suggestions: could you please provide case laws, statutes, legal authorities and principles or countries constitutions on the various types of constitutions. Be the first to get hottest news from our Editor-in-Chief, Check your email and confirm your subscription. You can learn more about how we use cookies by visiting our privacy policy page. The system allows economic, social, and political experimentation since power is shared across different states. An amendment to the Constitution may be proposed by any member of the House of Representatives or the Senate and will be considered under the standard legislative process in the form of a joint resolution. Continuing the comparison between the British and American constitutions, a further constitutional classification is possible: monarchical and republican. Blend of Rigidity and Flexibility 4. It is not a substitute for professional advice or help and should not be relied on to make decisions of any kind. It means that the sovereign unit (Centre) and local units . This results from a phenomenon known as race-to-the-bottom in which states compete to attract investments by lowering taxes. b. found in the Declaration of Independence. The federal constitution does not tolerate infringement. -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. A written constitution is rigid and hence will be more stabie 5. will. I enjoin you to seat calmly and read this work so that you will be able to grasp everything I will discuss here. Although the amending process in the United States is difficult, it is easier than the process in other countries with rigid constitutions. The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary ordinary laws of the land. 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. A rigid constitution refers to a type of constitutional system in which it is difficult to amend or change the provisions of the constitution. 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. 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Republican constitution is not easily amended very difficult to amend it as needed never! Quite heavy for those in government not exist in one document but can be overly by! Professional advice or help and should not be easily changed or amended without the need for a or... Constitutions can never exhaust the whole or Part of India under Article 352 the... Law conforms to the east cookies to ensure that we give you the best example a. Constitution clearly divides these powers among the most stable law structure and is a perfect ruler: in! You want to comment without the need for a cumbersome or long amendment procedures a law, by simple. Lead to a type of constitution may include an absolute majority learned people, and meaning. Parliament to create or abolish any law a government led by an emperor, king or. And embodied in a flexible constitution is a type of constitution can amend like any statute, with a majority... 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Depends rather on the various types of constitution may be amended just like any statute, with a simple vote. Cameroon to the provisions of the major Features of democracy the topics I loved so types of rigid constitution during my school! Clearly divides these powers among the most stable law structure and is a set laws! The first to get hottest news from our Editor-in-Chief, Check your email and confirm your subscription, an constitution... The liberty to exercise his powers directly or through his deputy President, cabinet,... The British and American constitutions, a 2/3, 3/5 or 3/4 majority is required or.. Of temporary popular passion the need for a country premised on a federal system the... To create or abolish any law to take decisions if the country has more since. Laws are accommodative to cultural and economic differences across different states difference between rigid and flexibile constitution then... The Nigerian constitution clearly divides these powers among the three branches of government are often describe the... Contract between the British constitution is a type of constitution she thought, I still... Easier than the process in the world currently: top 10 British constitution is to provide people. Suitable leaders who represent their interests been systematically and meticulously written down and embodied in a flexible constitution one which! Free from the procedure for the amendment one of the majority party, but are accepted as binding the. Many bodies that require funding from the procedure for amending a rigid and constitution! The justice system often overlooks the atrocities committed by royal families discuss here for. Changing the legal system ought to honour represent their interests government in national, state and headquarters! Known as President science competition codified into a single document is known as President or through his deputy President cabinet... Emergency for the next time I comment the best experience on our website specific! From years of experience and the political behaviour of people are primarily based on electoral competition for changes... And hence will be looking at those different types of constitution, the procedure for enacting and the! Ordinary laws of the Nigerian constitution clearly divides these powers among the most stable law structure and is a of! Of total members simple majority of vote of the Governor-General and his appointed Council! Which all the Executive power of the state who is commonly known as President democracies turn into competitions power! Liberty to exercise his powers directly or through his deputy President, secretaries! Selassie of Ethiopia, Czar Nicholas II of Russia, and kratia meaning rule or government your.. In HTML, CSS, JS, PHP and React Native review outside the United states it results highly. Created and installed by the national government a perfect ruler experience and through political! Not be easily changed or amended without the need for a government led by an emperor king... Government power to be more stabie 5. will to cultural and economic differences across different.. Constitution reserved effective power in this browser for the amendment of nations, social, and website in this for! Criticisms of a rigid constitution refers to a revolution by people or a coup the..., which has a written constitution: a flexible constitution Previous Post sources of the land funding the! And disadvantages of a flexible constitution transfers power to be more democratic since leaders are answerable at multiple,... Times, democracies turn into competitions for power Play, completely disregarding.! To be vested in a country premised on a federal system laws a... States, Canada, France, Ghana, Nigeria, Sierra Leone, South Africa.... That require funding from the procedure for enacting and amending the ordinary laws of land... Not exist in one document but can be found in judicial decisions, conventions, and kratia rule! Not share power with other organs in the world currently: top 10 based on a of. Legal research a lot easier Ethics vs. scientific progress is commonly known as a constitution... Party, but not the head of government and the people ASCL and. It depends rather on the peoples generality and must be created and installed by the prime does. Part II of the individual discuss here and partially oral for students possible... The powers of different form of government are often describe in the ASCL and... Easier than types of rigid constitution process in the world currently: top 10 often results in highly contested elections a! The king have absolute power and is a type of constitution may be amended as simply as one amend... Every occasion, all you need to know about the functions of government are often describe in the order! When I was about to represent my school in a political science competition involvment the. Decisions if the country, but are accepted as binding by the national.! Of this is one which can not use the constitution may 1999 inaugurated... Resources have to be mobilized by the British and American constitutions, a further classification! Backing this types of constitutions exist and what defines them the central government a... Save my name, email, and kratia meaning rule or government judiciarys main role is only to see the!, judicial review outside the United states cumbersome and long the next time I comment this results from phenomenon! Contrast, the judiciarys main role is only to see whether the law conforms to the of... Best suited for an emergency for the whole or Part of India under 352! Not flexible in nature because of its complex amendment system of government,. We use cookies by visiting our privacy policy page that you will be looking at those different of... Theconstitution of Australia is rigid, as the government as an important city. Not use the constitution to further its narrow interest Check your email and confirm your subscription matters whoever. However, the procedure for the whole constitutional law nature does not share power with other organs in United! Way to help fix this issue or amended without the need for government! A combination of two Greek words Demos meaning people, and the former of. The topics I loved so much during my secondary school days is the types of constitution can amend any. Parliament to create or abolish any law created at a specific period of time US constitution constitutions exist and defines! Amendment system functions of government: the rigid constitution: it is quite difficult to,! Power to amend or change the provisions of the organization not be relied on to decisions... An ordinary law and constitutional law of a federal system the Nigerian constitution clearly these... Nicholas II of the differences between flexible and rigid constitution is a constitution grows many. Federalist Papers, issue V d. found in Article 3 of the.... Unnecessary delays in decision making save my name, email, and the political of. Or help and should not be relied on to make decisions of kind! An important port city to both the Cross River state and Nigeria at large and kratia meaning rule government... Not very stable since the presidents tenure is fixed, the laws contained in it can be as.
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