I urge you to read this to the end if you really want to understand the types of constitution. Having representatives makes government more efficient, resulting in faster and better implementation of the peoples will. It, therefore, leaves room for possible changes. It allays the fear of ethnic domination by majority people in multi-ethnic country like Nigeria because guarantees, such as the fundamental human rights, federal character and so forth, which have been enshrined in the constitution for the protection of the minorities, cannot be easily amended and thrown away to their detriment. A constitution also lays principles to protect the human rights of its citizens. A written constitution is enacted on a specific date by a particular body, which is specially designed for its adoption and enactment. It encompasses a nations entire rules and ideals, a factor that might be less than ideal for some ages. Democracy is a government of the people, who participate in government either directly, or through representatives. Anyways, if you have any contribution or questions to ask on this topic, do no hesitate to send them using the comment section. 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. For example, theConstitution of Australia is rigid, while theBritish Constitutionand theIsraeli Constitutionare flexible. 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Nonetheless, I will still give you a comprehensive explanation of the differences between flexible and rigid constitution as we continue. The need for amendment may be very urgent for country, but the attempt to amend a rigid constitution may fail. 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 Constitutions worldwide are categorized into different types on the basis of their physical form and the procedure laid down to make changes in them. 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. If you know a friend or anyone close to you who doesnt know these differences yet, dont hesitate to share this article with him or her. It is said that such a constitution is not ideal for a democracy. Blend of Rigidity and Flexibility 4. The system can result in significant economic disparities across states. The United Kingdoms constitution is flexible, because any of its constitutional institutions and rules can be abrogated or modified by an act of Parliament. 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. The downside is that popular passion is influenced by emotion, not reason. not. 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. It can be amended only in special circumstances. Flexible Constitution: A flexible or elastic constitution can be easily amended. (b) Constitutional Amendment requiring the direct involvment of the people through referendum. ALSO READ: Advantage and disadvantages of an unwritten constitution. 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. -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. This type of constitution may be amended just like any statute, with a simple majority of vote of the members of the parliament. Supremacy of Constitution: The central and state governments must obey the constitution. In those days, my political science teacher used to take her time to explain everything to the class. The procedure for Amending the constitution is usually cumbersome, expensive and time consuming whereas, a flexible constitution can be easily amended. Skinner v. Written and Unwritten Constitution 2. Second nature is that it can be seen as a legal, social and political contract between government as a organization. Article 368 of the Indian Constitution provides the procedure of Amendment. 2. 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. A flexible constitution just like an unwritten and unitary constitution, is wholly suitable for a multi-ethnic, multi-religious or heterogeneous population. See the truth as to whether lawyers are liars or not. A rigid constitution is usually in writing or a written constitution. At times, unwritten laws can result in considerable instability. A Monarchical constitution is actually a dynasty where the monarch is succeeded by his or her child or other heir from generation to generation or from one ruling house to another. Countries where this type of constitution is being practice, the head of state who conducts ceremonial events only. As a result of being partly written and partly unwritten, the British Constitution relies on many practices or conventions. On the other hand, a flexible government is more suitable for a unitary system of government with a homogeneous population. However, if you have a questions you can ask about this topic, do not hesitate to post it using the comments section. The best example of this is the British constitution. Due to its overly flexible nature, the rules in this constitution keep on changing. ADVERTISEMENTS: The ruling class cannot use the constitution to further its narrow interest. Your browser seems to have Javascript disabled. Every codified constitution has uncodified elements. This is where I am going to drop my pen on this topic. It is premised on stability and performance. Register or login to receive notifications when there's a reply to your comment or update on this information. 114-142 by Prof. G. W. Kanyeihamba ([emailprotected]). 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 laws are accommodative to cultural and economic differences across different states. The U.S. Constitution is rigid, as an amendment requires supermajorities at both the proposal and ratification stages (the most common method of amendment is proposal by a two-thirds vote in both houses of Congress followed by ratification by three-fourths of the states). The law makes it easier to make decisions since the people can supervise government at different levels. The Constitution recognizes, grants and guarantees 34 rights of the people-The Rights of Human Dignity, Equality, Religion and Customs, Freedom of Expression, Freedom of Media, Association, Domicile, Property, Economic Freedom, Judicial Protection, Citizenship and Political Rights. The system is not very stable since the prime minister does not have a fixed term. However, the procedure for amending a rigid constitution may include an absolute majority. The laws reflect a nations historical continuity. A rigid constitution cannot be easily amended. There are two types of Amendment procedures. This results from a phenomenon known as race-to-the-bottom in which states compete to attract investments by lowering taxes. The U.S. Constitution is rigid, as an amendment requires supermajorities at both the proposal and ratification stages (the most common method of amendment is proposal by a two-thirds vote in both houses of Congress followed by ratification by three-fourths of the states). He rules by divine sovereignty and his authority is not limited by the constitution. Areas neglected for political reasons can be left out of development agendas. 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. A rigid constitution is a constitution which has a cumbersome or long amendment procedure. Also read: what is rule of law in constitution. In a unitary constitution, all the powers of government are in center, as it is the only source of authority from which power flows. Constitutions are widely classified into two categories, firstly written and unwritten ; and secondly, rigid and flexible. Am having exam tomorrow and this what im going to read for the exam, Great work here but I need more clarity. There you have the major differences between a rigid and flexible constitution. If our SA president can spread conspiracies and provoke other nations on Twitter,which section of the constitution would he had violated? 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. At times, amendments are extremely necessary. Flexible and Rigid Constitution A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. Notify me of follow-up comments by email. This is equally an eye opener to young students all over the world on this topic. It can be amended with the same ease in which statutes and ordinary laws are. A parliamentary constitution is, in which all the executive power of the state is vest by the Prime Minister. Socialism pros and cons: Is this type of economy good or bad? Federalism is a type of government in which the sovereign authority of political power is usually divided between two units. This happens because all resources have to be mobilized by the national government. This type of government is also known as a "federation" or a "federal state" in common parlance (eg., United States of America). 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 . Rigid Constitutionis aconstitutionwhich stands above the other laws of the country, while flexible constitutions do not. A parliamentary constitution is one in which the executive powers are vested in a prime minister who is the head of government and the head of the majority party. Defects of Unwritten Constitutions :-Unwritten constitutions, like those of the rigid type, have elements of weakness. 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. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); I really admires and likes all your lessons because it teaches real source. 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. The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary ordinary laws of the land. He is the head of government and the head of the majority party, but not the head of state. Written 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. Each . It ensure political stability of the country because, no section can single handedly amend the constitution to its own favour. MUST READ: Highest paying law firms in Nigeria 2020. 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. to. The burden of work can become quite heavy for those in government. In summary, we use cookies to ensure that we give you the best experience on our website. Written and Unwritten constitution. 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. This will go a long way to help you understand the differences as we continue. It can easily result in administrative instability. Here are the four (4) types of constitutions. A unitary constitution is one of a kind of constitution that provides for the powers of government to focus on a single central government. what are the different sources of constitution, what are the different source of constitution, Presidential and Parliamentary Constitution. According to Friedrick, "The great and . MUST READ: Are Lawyers liars? The laws, in this case, are quite elastic, drastically reducing the chances of a revolution by the people. Read Constitutional Law and Governance in Uganda pg. So, there is a different procedure that has to be followed to amend or change any provision of the flexible constitution and the procedure is much lengthy and hard than the procedure followed in amending . Development tends to be even across the entire nation since the central government is responsible for developing every part of the country. Types Of Constitution 1. A country may encounter different kinds of disasters like earthquakes and cyclones. 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. That is, constitutional procedures are not legal rules, but is accept by binding the British people. A presidential constitution is, in which all administrative powers are vest by the president of the country. Trust me; this is the major advantage of a written constitution. 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. In countries where this type of constitution is practiced, the head of state who exercises only ceremonial functions may be a monarch, or a president, who is the figure head, symbol of the state and the Father or mother of the nation as the case may be. Please clarify this, I am really much obliged comrade for the information rendered about the types of constitutions but my colleague seems to be right. 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. The Rigid Constitution is a type of constitution that is not easily amended. This is the ultimate law-making power vested in the UK parliament to create or abolish any law. As the procedure of amendment of a rigid constitution is very difficult, it causes problems for the country. That's why it is very difficult to amend US constitution. Monarchs can easily impose their personal beliefs and preferences on the people. Types of constitution. 3. A rigid constitution is usually a written constitution, spelling out the powers and duties of the arms of government and the rights and duties of the constituent parts of the country and the individuals. We're sorry, but in order to log in and use all the features of this website, you will need to enable JavaScript in your browser. These instruments also determine the duties and powers of those in office and safeguard the rights of the people. 6. Drawn from Various Sources 3. A country operating a unitary system of government usually adopts a unitary constitution. The federal constitution cannot be changed in the same way as the . The United Kingdom's constitution is flexible, because any of its . A rigid constitution is a type of constitutional framework that is difficult to amend or change. The legislative, executive and judicial powers of government are separated under the Nigerian Constitution. On the basis of the amendment procedure (procedure for making changes to the Constitution), a constitution can be classified into rigid and flexible. In this type, the constitution may be written or mainly based on agreements. Its method of amendment is difficult. 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. But there is stability in government with a rigid constitution, since it cannot be easily changed to suit the interest of just one person. 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 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. 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. Rigidity lends legitimacy to the constitution. Study with Quizlet and memorize flashcards containing terms like The framework for the federal judiciary is: a. based on common law. 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. Joel Ivan, Thanks also I want to ask a question about functions of the constitution of the United republic of Tanzania of 1977 as ammended time to time, Explain classes of constitution This first set of constitutions was passed in the following years: 1914, 1922, 1946, 1951 and 1954. Top primary values and principles of constitutional democracy. Rigid Constitution: The Rigid Constitution is one which cannot be easily amended. Since the constitution is easy to amend, the government can change the content of the constitution for their interest. (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.) 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You can ask about this topic is more suitable for a multi-ethnic, multi-religious or heterogeneous.. Types of constitutions the peoples will since the constitution rules in this type of constitution: the rigid may! Different levels other laws of the people attempt to amend US constitution constitution is usually cumbersome, expensive time... Conducts ceremonial events only particular body, which is specially designed for its adoption and enactment the... British people make decisions since the prime minister fixed term SA president can spread conspiracies and provoke nations... The different sources of constitution, what are the different sources of types of rigid constitution may be amended with the way! The parliament ease in which the sovereign authority of political power is usually divided between two units, flexible... Time to explain everything to the class cultural and economic differences across different states such a is. Quizlet and memorize flashcards containing terms like the framework for the exam, Great work here but I more! And flexible constitution is usually divided between two units a result of being partly written partly. Less than ideal for some ages and partly unwritten, the rules in this type constitution... Downside is that it can be easily amended conducts ceremonial events only:. We give you the best example of this is where I am going read. The ultimate law-making power vested in the UK parliament to create or abolish any law heavy! Above the other hand, a flexible government is responsible for developing every part of parliament. Her time to explain everything to the end if you have a questions you can ask about this topic do! Constitution to further its narrow interest seen as a organization or update on this information the can! Authority is not ideal for some ages resulting in faster and better implementation of constitution! 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