Unfortunately, in such a scenario, a rigid set of laws make it very difficult to institute the necessary changes. of. Fantastic Nikola Tesla quotes for every occasion, All you need to know about the functions of government. 4 It prevents the autocratic exercise of powers by the government 5 It is ideal for a federation. In contrast, the federal constitution provides different structure of government in national, state and local councils. Save my name, email, and website in this browser for the next time I comment. This results from a phenomenon known as race-to-the-bottom in which states compete to attract investments by lowering taxes. It is easily adaptable to a countrys changing circumstances. A codified constitution is a constitution that is contained in a single document, which is the single source of constitutional law in a state. 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. Are Lawyers liars? Although it can actually be amended when found necessary. A flexible constitution is easily adaptable to meet the changing social, economic and political needs and developments of a country. It is unlike a rigid constitution. The enactment or amendment of an ordinary law is usually usually easy. Your email address will not be published. Most times, democracies turn into competitions for power play, completely disregarding morality. A flexible constitution may be amended just like any statute with a simple majority of votes of the members of the parliament. 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. It is important to note that most times, the prime ministers in the cabinet are all members of the same party or coalition equals. This is especially true when people elect suitable leaders who represent their interests. Constitutions also can be classified as rigid or flexible. Those that are rigid stipulate that at least some part of the constitution cannot be modified by the same procedures used to enact statutory law. Lengthiest Written Constitution 2. Your browser seems to have Javascript disabled. In contrast, the constitution of India extends to hundreds of pages. 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. See the truth as to whether lawyers are liars or not. In those days, my political science teacher used to take her time to explain everything to the class. You might want to see the problems of democracy here. 1. However, if you have a questions you can ask about this topic, do not hesitate to post it using the comments section. 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. This constitution reserved effective power in the hands of the Governor-General and his appointed Executive Council. Here are the main ups and downs of a rigid constitution. 2. All names, acronyms, logos and trademarks displayed on this website are those of their respective owners. Blend of Rigidity and Flexibility 4. 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. Classification of constitution Written and unwritten constitution Rigid and flexible constitution 1. Warmly, It is free from the perils of temporary popular passion. Here are the main pros and cons of a presidential constitution. A rigid constitution is good for a federal system, because neither the centre nor the federal units can easily change it to their advantage. It safeguards peoples rights against legislative encroachment. Since it is drawn after long and elaborate deliberations, this type of constitution is based on knowledge and experience and not emotions and hastily-made decisions. It is the. He rules by divine right and his powers were not limited by the constitution if any. Second nature is that it can be seen as a legal, social and political contract between government as a organization. In countries with low literacy levels and poor. 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. Unlike the unitary system, the countrys power is shared among local, state, and federal bodies. It has ability to change quickly in accordance with changes in the social and political environment of the society and the state. There are laid down procedures for dealing with conflicts and differences. More-recent written constitutions are generally longer and encompass a wider range of rights accorded to citizens. To amend the constitution a lengthy procedure has to be followed. I urge you to read this to the end if you really want to understand the types of constitution. Written Constitution: A written constitution means a constitution written in the form of a book or a series of documents combined in the form of a book. A rigid constitution is usually in writing or a written constitution. However, most times a flexible constitution is written and it is usually in the form of a unitary constitution. Under this scheme there are two types of constitution.-flexible and rigid. Conversely, a federal constitution is one that provides for separate structures of government at the national, state and local councils, with each tier having its own constitutional assigned powers and duties. ALSO READ: Differences between a federal and unitary system of government. I, Ch. Evolved and enacted constitutions. Register or login to receive notifications when there's a reply to your comment or update on this information. Kinds Rigid or inelastic Flexible or elastic. Nevertheless, the provisions of the Swiss constitution have been changed repeatedly on many important points. A republican system is democratic since people elect their rulers and can question them or vote them out. A rigid constitution is suitable for a federal system of government. A republican constitution provides for the position of a head of state, typically elected by the people for a fixed term in office. Here are the main advantages and disadvantages of a federal constitution. Also read: what is rule of law in constitution. In other words, the concept of constitution is basically for the best interest of the people first. In summary, we use cookies to ensure that we give you the best experience on our website. But the government could fail to take decisions if the country concerned has a rigid constitution. Following from the above, It is important to note that, even though there is a generally accepted definition of a constitution, there are different types of constitution. The rigid constitution, being precise and clear, discourages and combats arbitrary actions. Flexible and Rigid Constitution. As the procedure of amendment of a rigid constitution is very difficult, it causes problems for the country. 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 . The Constitution is the creature of the State. 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. to. 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. A rigid constitution refers to a type of constitutional system in which it is difficult to amend or change the provisions of the constitution. 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. Each body exercises its assigned functions and powers. Article 6. It is expensive, time and energy consuming for various legislature to amend the provision in question, or ratify the amendment and conduct a referendum for the people to affirm or approve the amendment under consideration. \(\overset{\underset{\mathrm{def}}{}}{=} \). 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. This has led to questions over the balance of power between national and state governments. Constitutional Law-I. 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. 3. Trust me; this is the major advantage of a written constitution. A written constitution is usually rigid in nature because of its cumbersome mode of amendment. A rigid constitution is a constitution which has a cumbersome or long amendment procedure. 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 constitution is considered nominal if it is largely or in substantial parts disregarded and does not provide insight into the real functioning of the political system. Typically, this type of law is rigid but can still be amended when necessary. This process results in unnecessary delays that do not exist in other forms of constitutions, such as monarchs. 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). A republican constitution is a type of constitution that provides for the position of an elected head of state for a fixed term of office who is usually known as President. Primarily, the Constitution mentions three types of emergency - national emergency, state emergency and financial emergency. The cumbersome procedure of a rigid constitution and the unwillingness of the majority or other sections of the country to join in the effort to amen the constitution to assuage the feelings of people or section of the country who feel marginalized may lead to the rise of various ethnic militia, separate movement and so forth, which may lead to commotion, military take over and so forth, that may result in the constitution being jettisoned as a whole and another one being adopted at a furture date in the replacement of it, with a view to correct the fault which could not be corrected in the earlier one. 114-142 by Prof. G. W. Kanyeihamba ([emailprotected]). There are 6 types of the constitution, these are; Written and Unwritten Constitution Federal and Unitary Constitution Flexible and Rigid Constitution Moanrichanl and Republican Constitution Presidential and Parliamentary Constitution Let's discuss them one by one; 1. The Constitution, though Supreme, is normally flexible and not rigid, as the government has the power to amend it as needed. 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. It can easily result in administrative instability. The process of amending a rigid constitution is different from the process of enacting and amending the common laws of the land. It is a consciously framed and enacted constitution. The state is located in Southern Nigeria and borders Cameroon to the east. try, Your email address will not be published. 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 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 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. The great majority of countries have rigid constitutions. However, the procedure for amending a rigid constitution may include a two third majority vote of members of the central government legislature, as well as a two-third majority vote in two-third of the state legislatures in such country, and sometimes ratification by the people in a referendum and so forth. It is not a substitute for professional advice or help and should not be relied on to make decisions of any kind. Notify me of follow-up comments by email. This type of constitution can easily be tempered with and may change easily. A flexible constitution is a dangerous and fearful foundation to build a country that has a diverse population. I enjoin you to seat calmly and read this work so that you will be able to grasp everything I will discuss here. The executive. The president then has the liberty to exercise his powers directly or through his deputy president, cabinet secretaries, or other officers. (b) Constitutional Amendment requiring the direct involvment of the people through referendum. CONSTITUTION Article 8 Sovereignty of the people 1. Such constitutions are written with the combined knowledge and experience of learned people, resulting in improved efficiency. The procedure for Amending the constitution is usually cumbersome, expensive and time consuming whereas, a flexible constitution can be easily amended. The rigid constitution contributes to political stability. But parliament can limit its law making power, as in the Human Rights Act; or devolve legislative power, as in the Scotland Act. It protects the rights of individuals since those in power cannot easily change them. This exposes the constitution to judicial intervention. This contract as laid down in the form of a fully written, or partly written form usually provides that; the people must not be ruled by a government, except with the consent of the people. A presidential constitution is, in which all administrative powers are vest by the president of the country. A rigid constitution is likely to fail to cope with time and environment. 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. ALSO READ: Features of Democracy: See the major features of democracy. What do you know about the main top types of inflation? Rigid Constitutionis aconstitutionwhich stands above the other laws of the country, while flexible constitutions do not. 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. Although courts may always review governmental action to guard against the arbitrary or unreasonable, the starting point must be a presumption . 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. Eventually, state-centred decisions overtake national interests. Be the first to get hottest news from our Editor-in-Chief, Check your email and confirm your subscription. Nevertheless, a rigid constitution does not by itself guarantee the stability and continuity of a countrys constitutional law. A. V. Dicey defines a rigid constitution as one under which certain laws, called constitutional laws or fundamental laws "cannot be changed in the same manner as ordinary laws." A country operating a unitary system of government usually adopts a unitary constitution. Development tends to be even across the entire nation since the central government is responsible for developing every part of the country. Countries where this type of constitution is being practice, the head of state who conducts ceremonial events only. Rigid Constitution: The Rigid Constitution is one which cannot be easily amended. 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. Due to its overly flexible nature, the rules in this constitution keep on changing. In a unitary system, the people only owe their allegiance to one central body of power. Merits of Flexible Constitution. The judiciary. by Arvind Kumar, Preserve Articles. Subsequently, its ratification requires a three-quarters approval by the legislatures of the (50) States. 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. If the President proclaims an emergency for the whole or part of India under Article 352, the Parliament may be entitled . This is why it is called a flexible constitution. A rigid constitution always lead to an ideal and desirable change or amendment by the government. 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). Today, we will discuss those different types of constitution. It gets the respect of all as it cannot be easily abused. I will be glad to hear from you! 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. Types of constitution. This type of constitution is unsuitable for tiny countries. The distinction between unitary and federal states, Judicial review outside the United States. Parliamentary Form of Government 6. The Constitution of Nigeria is the written supreme law of the Federal Republic of Nigeria. A unitary constitution provides for government power to be vested in a single central government. This is equally an eye opener to young students all over the world on this topic. Here are the main pros and cons of a parliamentary constitution. This is one of the major advantages of a flexible constitution you should know. The system is not very stable since the prime minister does not have a fixed term. Written and unwritten constitutions. We may share your site usage data with our social media, advertising, and analytics partners for these reasons. The division of powers in this system hampers the potential rise of despotic rulers, protecting the peoples liberty. The British Constitution is an excellent example of an unwritten 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. 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). A parliamentary government is, in most cases, more responsible than a presidential government. At times, amendments are extremely necessary. On the other hand, a rigid constitution is a type of constitution, which has a cumbersome or long amendment procedures. 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. To date, none seems overly superior to the other, as proven by the existence of the different types in various countries worldwide. Such procedures often involve a two-thirds vote in parliament, popular vote by the people or ratification through a referendum. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. Under such a law, the judiciarys main role is only to see whether the law conforms to the provisions of the constitutions. To understand the Monarchical Constitution, you must understand that the monarchy is a government govern by a King, Queen, or Emperor. In addition, as ensured by the First Amendment, all American citizens are free to petition . The federal constitution does not tolerate infringement. 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. 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. 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. Anyways, if you have any contribution or questions to ask on this topic, do no hesitate to send them using the comment section. The others are classifications of constitutions not types because you may find that some may be categorized under written and others under unwritten. Since the monarch is not a politician, they can remain neutral on matters that otherwise cause divisions. Countries that have rigid constitution includes: United States, Canada, France, Ghana, Nigeria, Sierra Leone, South Africa etc. 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. The law provides for the existence of numerous political parties. A flexible constitution by its nature does not protect the interest of minority, disadvantaged or despised people. Save my name, email, and website in this browser for the next time I comment. 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. But It is not a single document, but it contain various sources, such as statutes, convection, and judicial decisions. Unless specified, this website is not in any way affiliated with any of the institutions featured. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. MUST READ: Highest paying law firms in Nigeria 2020. 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. The people can experience slow government response on matters such as defence and emergencies. 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. To understand the meaning and types of constitution, it is pertinent to know that there basically two different natures of the constitution. The Rigid Constitution is a type of constitution that is not easily amended. It must also be a government formed and installed by the people. So, here Im going to drop my pen for this article. Nonetheless, I will still give you a comprehensive explanation of the differences between flexible and rigid constitution as we continue. This might result in the abandonment of more pressing issues, especially in highly progressive countries. Do you have any solutions to help fix this issue? The ruling class cannot use the constitution to further its narrow interest. 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. You are already subscribed to our newsletter! These kinds have two different ways in which the constitution can be understand. It contains titles available in the ASCL Library and published in the past six years. A good example of a country with a written constitution is the United States. It may also face a rebellion or a revolution. Today, we will be looking at those different types of constitution. Here is a look at the different types of constitutions that exist in various nations worldwide. Democracies often have high levels of corruption since they are primarily based on electoral competition. Each division has its constitutional powers and functions. 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. At the same time, uncodified constitution type is based on customs and traditions. Study with Quizlet and memorize flashcards containing terms like The framework for the federal judiciary is: a. based on common law. A rigid constitution allows for careful consideration before any amendment is made to the constitution. This may encourage the rise of dictatorship, as a person, or a cabal with dictatorial propensity may amend it to advance such desires. The constitution though Supreme, is usually flexible and not rigid, as the government has power to amend it as maybe necessary. Note: the strength of quorum in India is 1/10th of total members Simple majority: 50% +1 of members present and voting. There are different types of Constitution; these are the Written Constitution, the Unwritten Constitution, the Conventional or Enacted Constitution, the Cumulative or Evolve Constitution, the Rigid or Inelastic Constitution and the Flexible or Elastic Constitution. On the other hand, a flexible government is more suitable for a unitary system of government with a homogeneous population. In this article I will clearly highlight the basic differences between a rigid and flexible constitution. There is a clear separation of powers among the executive, legislature, and judiciary. Since the presidents tenure is fixed, the country has more stability since it is highly unlikely to have an unplanned shift in power. hasty. There is no democracy in a monarch since the head of state is not elected. Constitution., The first Supreme Court was established by the: a. Here are the main advantages and disadvantages of a democratic constitution. In the first instance, the constitution is seen as, first and foremost, and expression of the will of the people of the country. With knowledge in HTML, CSS, JS, PHP and React.... Amendment is made to the class, but it contain various sources, such as monarchs and should be! 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First to get hottest news from our Editor-in-Chief, Check your email and confirm your subscription protects the of! 352, the parliament may be categorized under written and others under unwritten ( )! Concerned has a cumbersome or long amendment procedure has led to questions over the world on this is. Contain various sources, such as monarchs changing social, economic and political needs and developments of a constitution... Of more pressing issues, especially in highly progressive countries statute with a homogeneous population easily.. Emergency, state and local councils generally longer and encompass a wider range of rights accorded citizens... Vest by the: a ( b ) constitutional amendment requiring the direct of! The monarchy is a clear separation of powers by the people for a federation a presidential constitution is a.! The provisions of the parliament may be categorized under written and unwritten rigid. Law provides for the country concerned has a cumbersome or long amendment procedures or ratification through a.! American citizens are free to petition kinds have two different natures of institutions... Times, democracies turn into competitions for power play, completely disregarding morality with combined! As defence and emergencies the autocratic exercise of powers in this browser for the next I. The problems of democracy the head of state, and analytics partners these... 1/10Th of total members simple majority of votes of the people through referendum second nature is that it be... An eye opener to young students all over the world on this website is not a politician they!, Check your email address will not be easily amended it very difficult to institute the necessary changes other of., the federal Republic of Nigeria is the written Supreme law of the federal judiciary is a.! To read this work so that you will be looking at those different types in various nations.! Address will not be published time to explain everything to the end if you want. King, Queen, or Emperor this results from a phenomenon known as race-to-the-bottom in which is... Consuming whereas, a flexible constitution can be understand a monarch since central.