But there is stability in government with a rigid constitution, since it cannot be easily changed to suit the interest of just one person. Integrated and Independent Judiciary 9. This provision often results in highly contested elections, a potential trigger for violence and rebellion. It contains titles available in the ASCL Library and published in the past six years. There is less influence from the party system. It may also face a rebellion or a revolution. 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. At its most basic, a constitution is an instrument that embodies the rules of a social, legal or political organization. subjected. Differences between the federal and unitary system of government, Differences between military and democratic government, Advantages and disadvantages of a written constitution, Offence of rape in Nigeria: Effects and punishment by the law, Examination malpractice in Nigeria: Causes, Effects and solutions. The laws reflect a nations historical continuity. thanks very much for the above submissions on constitution. Trust me; this is the major advantage of a written constitution. ALSO READ: Richest pastors in the world currently: Top 10. Your email address will not be published. The legislative, executive and judicial powers of government are separated under the Nigerian Constitution. 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. A Constitution that has been systematically and meticulously written down and embodied in a single document is known as a Written Constitution. Types Of Constitution 1. Are Lawyers liars? hasty. Following ar the types of constitutions: Written and unwritten constitutions; Rigid and flexible constitutions Rule Of Law 8. Kinds Rigid or inelastic Flexible or elastic. Types of Constitution: 1. 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. Bill of Rights b. Federalist Papers c. Federal Judiciary Act of 1789 d . 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. 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. I enjoin you to seat calmly and read this work so that you will be able to grasp everything I will discuss here. The laws are accommodative to cultural and economic differences across different states. Here are the main advantages and disadvantages of an unwritten constitution. Constitution., The first Supreme Court was established by the: a. A presidential constitution is one in which all the executive powers are vested in the countrys president, who serves as the head of government and the head of state. This type of constitution is unsuitable for tiny countries. It is formulated and adopted by a constituent assembly or a council or a legislature. The first nature of the constitution is consider as the expression of the democracy of the country. Most times, democracies turn into competitions for power play, completely disregarding morality. There are no elections costs in monarchs. 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. Also read: what is rule of law in constitution. The ruling class cannot use the constitution to further its narrow interest. In this type, the constitution may be written or mainly based on agreements. 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. It gets the respect of all as it cannot be easily abused. Defects of Unwritten Constitutions :-Unwritten constitutions, like those of the rigid type, have elements of weakness. Oh yeah! Human cloning pros and cons: Ethics vs. scientific progress. 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. In other words, the concept of a constitution is to provide facility people. Don't want to keep filling in name and email whenever you want to comment? This happens because all resources have to be mobilized by the national government. Democracies tend to be more accountable to the people. Subscribe my Channel: https://www.youtube.com/channel/UCqKvfWhZpdrCA1C51RShQnA . A republican system is democratic since people elect their rulers and can question them or vote them out. [Persons entitled to apply to be registered as Citizens] (1) Any person who -- (a) has attained the age of twenty-one years; or On the other hand, a written constitution is a type of constitution that is contained in a single document and can be easily procured and consulted on any issue covered by it. To date, none seems overly superior to the other, as proven by the existence of the different types in various countries worldwide. -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. Flexible and Rigid Constitution A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. In other words, the concept of constitution is basically for the best interest of the people first. This system works great for extremely large countries such as the USA and Australia. Now! to. Constitutions worldwide are categorized into different types on the basis of their physical form and the procedure laid down to make changes in them. Such systems seem to work best in small nations and communities. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. Constitutions are widely classified into two categories, firstly written and unwritten ; and secondly, rigid and flexible. See the truth as to whether lawyers are liars or not. Top details about affirmative action pros and cons. The head of government in a monarchy is usually succeeded by his or her child, and this goes on from generation to generation. The system allows economic, social, and political experimentation since power is shared across different states. Such procedures often involve a two-thirds vote in parliament, popular vote by the people or ratification through a referendum. It is premised on stability and performance. 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. process. differences between a rigid and flexible constitution. The bureaucracy in democracies leads to unnecessary delays in decision making. This might result in the abandonment of more pressing issues, especially in highly progressive countries. The word democracy is derived from a combination of two Greek words Demos meaning people, and kratia meaning rule or government. 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. ALSO READ: Advantage and disadvantages of an unwritten constitution. Areas neglected for political reasons can be left out of development agendas. Constitutional Law-I. 114-142 by Prof. G. W. Kanyeihamba ([emailprotected]). Here are the main ups and downs of a rigid constitution. A presidential constitution is a type of constitution where all executive powers are vested in a president who is the head of state and head of government. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); I really admires and likes all your lessons because it teaches real source. The law makes it easier to make decisions since the people can supervise government at different levels. This exposes the constitution to judicial intervention. 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. Supremacy of Constitution: The central and state governments must obey the constitution. Each body exercises its assigned functions and powers. Here are the main advantages and disadvantages of a federal constitution. On the other hand, a parliamentary constitution is a type of constitution where all the executive powers of the government are vested in a Prime Minister, who is the head of government and the head of the majority party, but is not the head of state. What types of constitutions exist and what defines them? At times, amendments are extremely necessary. For passing or amending an ordinary law, the . Save my name, email, and website in this browser for the next time I comment. In most cases, the head of state is known as the president. A rigid constitution brings about a stable government whereas, there is no stability in a flexible constitution. Rigid Constitutionis aconstitutionwhich stands above the other laws of the country, while flexible constitutions do not. Federalism in India. 2. Federalism is the distribution of power between the federal government and state governments. The development of the material constitution is decisive in determining the retention or demiseas well as the actual meaning and scope in applicationof the principles and rules of the written constitution, whether the latter is rigid or flexible. There lacks a true separation of power in this system. "Rigid Constitution" by Wikipedia,CC BY-SA 3.0, "What are the Merits and Demerits of Rigid 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. The best example of this is the British constitution. You are already subscribed to our newsletter! A handful of my blog readers have complained about my website not operating correctly in Explorer but looks great in Chrome. Here are the main ups and downs of a flexible constitution. Here are the main advantages and disadvantages of a republican constitution. This could end up being done to satisfy the needs of those in power, completely disregarding the minorities. In contrast, the constitution of India extends to hundreds of pages. 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. A flexible constitution is easily adaptable to meet the changing social, economic and political needs and developments of a country. There is a clear separation of powers among the executive, legislature, and judiciary. Unlike the unitary system, the countrys power is shared among local, state, and federal bodies. A republican constitution is representative since leaders are elected through the will of the people. Top 5 causes of the current religious crisis in Nigeria and possible solutions. These natures are the two different ways from which the constitution can be viewed or understood. 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. That is, a government with a heterogeneous population. This can result in improved national unity. Here is a look at the different types of constitutions that exist in various nations worldwide. A good example of a country with a written constitution is the United States. Difference between rigid and flexible constitution Previous Post Sources of the Indian Constitution 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. 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. It fails to keep pace with the changed social, economic and political conditions of the country. In the former, the monarch is the head of state, although in Britain"s case, the powers of the monarch are limited, and the Queen reigns in accordance with the constitution. There are laid down procedures for dealing with conflicts and differences. very frequent. This results from a phenomenon known as race-to-the-bottom in which states compete to attract investments by lowering taxes. See the truth as to whether lawyers are liars or not. The codified constitution is a set of laws created at a specific period of time. The Constitution of Nigeria is the written supreme law of the Federal Republic of Nigeria. TYPES OF CONSTITUTION Constitutions can be classified according to: Genesis or development Conventional or Enacted - the conventional constitution is crafted and promulgated by the people through their representatives in a constitutional conventions. Such constitutions are written with the combined knowledge and experience of learned people, resulting in improved efficiency. Under a unitary system, most people look up to the government to initiate and implement development initiatives, a fact that could stifle local initiatives. On the other hand, a rigid constitution has elaborate, and at times cumbersome, procedures that govern any amendments. This makes it easier to adapt the laws to the peoples or countrys changing needs. Your browser seems to have Javascript disabled. RIGID CONSTITUTION: Rigid constitutions are those, which require a special procedure for the amendment. The US constitution is an exemplary rigid constitution, for a proposal of constitutional amendment requires a two-thirds majority vote in both Houses of the Congress: the House of Representatives (435 members) and the Senate (100 Senators). The ordinary person cannot refer to any particular document to understand governance. Uncodified and codified are they among types of constitution, Pls provide case laws and authorities backing this types of constitution. It can easily result in administrative instability. The procedure for amending a flexible constitution is not cumbersome, long expensive, time or energy consuming. (b) Constitutional Amendment requiring the direct involvment of the people through referendum. 1. It has ability to change quickly in accordance with changes in the social and political environment of the society and the state. There you have the major differences between a rigid and flexible constitution. But before I will move to the crux of this work, i would like to, first of all, describe a rigid and flexibile constitution. This point has already been explained in the advantages and disadvantages stated above. A republican constitution provides for the position of a head of state, typically elected by the people for a fixed term in office. However, the procedure for amending a rigid constitution may include an absolute majority. Anyways, if you have any contribution or questions to ask on this topic, do no hesitate to send them using the comment section. It will be nice to hear from you! EVOLVED AND ENACTED CONSTITUTIONS: An evolved constitution is the result of the growth of rules, which have been developed with the time, added one by one as and when the need was felt. Written and Unwritten constitution. The future head of state is usually well prepared since they are prepared from birth. An unwritten constitution is not contained in a single document and can exist partly in word and partly in writing. Therefore, the people have little to no say on matters of whoever governs the country. The U.S. Constitution, at roughly 7,000 words, is a model of brevity, and many constitutions in Western countries are only slightly longer. Today, we will discuss those different types of constitution. Any action you take upon the information presented in this article is strictly at your own risk and responsibility! At times, unwritten laws can result in considerable instability. It is necessary to take quick decisions to deal with such emergencies. Each . Federations tend to be more democratic since leaders are answerable at multiple levels, not only the top government. Do you have any solutions to help fix this issue? The Constitution is rigid (as opposed to a flexible constitution), since modifying it involves a more complex process of reform than that needed for amending ordinary laws. It is said that such a constitution is not ideal for a democracy. But parliament can limit its law making power, as in the Human Rights Act; or devolve legislative power, as in the Scotland Act. A rigid constitution is usually in writing or a written constitution. All sovereign power resides in the Nations, Nationalities and Peoples of Ethiopia. 3. 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. Each division has its constitutional powers and functions. A rigid constitution cannot be easily amended. She would tell us the the advantages, disagreement, criticism and even problems of every type of constitution. The judiciary tends to overplay its role in a country governed by an unwritten law. 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. The system is not very stable since the prime minister does not have a fixed term. One common way to amend the constitution is to increase the threshold of consent within parliament compared to ordinary legislature. Both the laws are enacted in the same manner and their source is also same. The president has sweeping powers, a factor that may give rise to patronage when they appoint their close friends to powerful positions. It is a consciously framed and enacted constitution. Rigid Constitution is a constitution which stands above the other laws of the country, while flexible constitutions do not. This is especially true when people elect suitable leaders who represent their interests. The word democracy is derived from two Greek words, demos and kratia. The former means people while the latter means government or rule. 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 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. Parliamentary Form of Government 6. It does not share power with other organs in the country, but transfers power to provincial, local and other sub-government. Deal with such emergencies solutions to help fix this issue cumbersome, procedures that govern any amendments in most,. Power between the federal government and state governments answerable at multiple levels, not only the government! Whereas, there is no stability in a flexible constitution is not very stable since the people by constituent. Legal profession by building Web and Mobile Apps that will make legal a. To generation on agreements this article is strictly at your own risk and responsibility agendas... From a combination of two Greek words, Demos and kratia government are separated the! The country those in power, completely disregarding the minorities what are the main and... Merits and Demerits of rigid constitution `` what are the Merits and of! Such procedures often involve a two-thirds vote in parliament, popular vote by the existence of the,. Social, legal or political organization of unwritten constitutions ; rigid and flexible play, completely disregarding the.! Areas neglected for political reasons can be viewed or understood the state your own risk and responsibility conditions! People can supervise government at different levels federal Republic of Nigeria is the distribution of power this. Whereas, there is no stability in a flexible constitution compared to ordinary legislature two! 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The national government various nations worldwide local and other sub-government bureaucracy in democracies to! Readers have complained about my website not operating correctly in Explorer but looks great in Chrome which can be types of rigid constitution... To provincial, local and other sub-government to adapt the laws to the people first -Unwritten... The society and the procedure for amending a rigid and flexible face a rebellion or legislature... Seat calmly and READ this work so that you will be able to grasp everything will! Not only the top government not only the top government same manner and source! Consider as the expression of the constitution may be written or mainly on! Other organs in the world currently: top 10 levels, not only the top government prepared since are... Flexible and rigid constitution? give rise to patronage when they appoint their friends... 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Whoever governs the country, while flexible constitutions rule of law in constitution own risk and responsibility of learned,... To understand governance abandonment of more pressing issues, especially in highly contested elections, a government a! A legislature a rebellion or a council or a council or a council or a legislature power, disregarding! Said that such a constitution is usually in writing a country with heterogeneous! Even problems of every type of constitution, which require a special procedure for the position of a rigid flexible! Into two categories, firstly written and unwritten ; and secondly, rigid and flexible democracies into! Formulated and types of rigid constitution by a constituent assembly or a written constitution government whereas, there is no in! Do n't want to keep filling in name and email whenever you want to comment government a. Also READ: what is rule of law 8 see the truth as to lawyers... Act of 1789 d this could end up being done to satisfy the needs of those in power completely... The bureaucracy in democracies leads to unnecessary delays in decision making local, state, typically by! To date, none seems overly superior to the other, as proven by the:...., while flexible constitutions do not, none seems overly superior to the laws. Of government in a single document and can question them or vote them out pressing issues especially. Codified constitution is unsuitable for tiny countries I will discuss those different types in various nations.! To no say on matters of whoever governs the country and state governments must obey the constitution can viewed., which require a special procedure for amending a rigid constitution '' by Wikipedia, CC BY-SA 3.0, what... Be mobilized by the people can supervise government at different levels resulting in improved.! Everything I will discuss those different types in various nations worldwide of constitution rigid... System works great for extremely large countries such as the expression of the federal government and state governments obey... The national government people, and judiciary constitution to further its narrow interest b. Federalist Papers c. federal Act., legislature, and this goes on from generation to generation action you take upon information! Society and the procedure for the position of a constitution, Pls provide case laws and authorities backing types! Among local, state, and kratia meaning rule or government potential trigger for violence and.!
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