Fundamental Rights 10. Also read: what is rule of law in constitution. The powers of the different tiers of the government are usually spelt out in legislative lists of the federal constitution. In the first instance, the constitution is seen as, first and foremost, and expression of the will of the people of the country. 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. Democracy, therefore, loosely translates to the peoples rule. Nevertheless, statutes and common-law principles of constitutional import cannot be changed as easily as other statutes and rules and are generally treated as permanent. This is the ultimate law-making power vested in the UK parliament to create or abolish any law. The division of powers in this system hampers the potential rise of despotic rulers, protecting the peoples liberty. This may encourage the rise of dictatorship, as a person, or a cabal with dictatorial propensity may amend it to advance such desires. To date, none seems overly superior to the other, as proven by the existence of the different types in various countries worldwide. To amend the constitution a lengthy procedure has to be followed. 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. The constitution though Supreme, is usually flexible and not rigid, as the government has power to amend it as maybe necessary. 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. 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. 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 . Second nature is that it can be seen as a legal, social and political contract between government as a organization. In a flexible constitution there is no distinction between ordinary law and constitutional law. Most times, democracies turn into competitions for power play, completely disregarding morality. Great Britain is the solitary example of such a type of. It helps to ensure that amendment that is made to the constitution will be duly deliberated before it is made. 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. Warmly, Anyways, if you have any contribution or questions to ask on this topic, do no hesitate to send them using the comment section. A person born in or outside Zambia after the commencement of this Constitution shall become a citizen of Zambia at the date of his birth if on that date at least one of his parents is a citizen of Zambia. [3] Socialism pros and cons: Is this type of economy good or bad? A flexible constitution just like an unwritten and unitary constitution, is wholly suitable for a multi-ethnic, multi-religious or heterogeneous population. Kinds Rigid or inelastic Flexible or elastic. A republican system is democratic since people elect their rulers and can question them or vote them out. Written and Unwritten Constitution The process of amending a rigid constitution is different from the process of enacting and amending the common laws of the land. All names, acronyms, logos and trademarks displayed on this website are those of their respective owners. This is one of the major advantages of a flexible constitution you should know. There are FIVE different types of Constitution, are as follows:- Written and Unwritten Constitution Flexible and Rigid Constitution Unitary and Federal Constitution Presidential and Parliamentary Constitution Republic and Monarchical Constitution Written and Unwritten Constitution Republican Constitution is a constitution that provides the position of head of the state who is commonly known as President. Bills passed by the countrys legislative arm need to undergo numerous processes before becoming law. At times, the country might find itself with a highly unqualified legislature. To understand the Monarchical Constitution, you must understand that the monarchy is a government govern by a King, Queen, or Emperor. 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. This continued until when I was about to represent my school in a political science competition. 20. In other words, the concept of a constitution is to provide facility people. Since the presidents tenure is fixed, the country has more stability since it is highly unlikely to have an unplanned shift in power. Rigid laws are unsuitable for progressive nations in which amendments happen frequently. be. It does not allay the fear of ethnic domination of the minority by the majority people or religion in a multi-ethnic country. It can be amended with the same ease in which statutes and ordinary laws are. DISCLAIMER: This article is intended for general informational purposes only and does not address individual circumstances. The constitution can be quite expensive to implement, especially when it comes to electing people into office. Save my name, email, and website in this browser for the next time I comment. It results in flexibility since the prime minister can be easily ousted from power. Due to the ease of amendment, a flexible constitution may be amended hastily and unwisely for a selfish or sectional purpose. The president then has the liberty to exercise his powers directly or through his deputy president, cabinet secretaries, or other officers. Since a flexible constitution is very easy to amend, the constitution actually allows quick action to be taken in the interest of the nation in time of emergency. A flexible constitution by its nature does not protect the interest of minority, disadvantaged or despised people. 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. Federalism is the distribution of power between the federal government and state governments. 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. TYPES OF CONSTITUTION CONTENT Written, Unwritten, Rigid, Flexible, Unitary, Federal and Confederal Constitution with Merits and Demerits of Each Type A written constitution: This refers to a constitution that is written down. Register or login to make commenting easier. A written constitution, is a type of constitution which contain a single document and can be easily obtain and negotiate on any subject under discussion. The procedure for amending a flexible constitution is not cumbersome, long expensive, time or energy consuming. 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. It is formulated and adopted by a constituent assembly or a council or a legislature. The constitutions of USA, Australia and Switzerland are the example of a rigid constitution. Flexible and Rigid Constitution A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. A flexible constitution is a constitution which can easily be amended or changed without a cumbersome procedure. Skinner v. 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. Whereas, there may not be an ideal or desirable change of the constitution by the government in a flexible constitution. Here are the main advantages and disadvantages of a federal constitution. 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. Oh yeah! 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. It is very definite, removing any drawbacks that uncertainties can bring about. 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. This type of constitution may be amended just like any statute, with a simple majority of vote of the members of the parliament. Top primary values and principles of constitutional democracy. The best example of this is the British constitution. This point has already been explained in the advantages and disadvantages stated above. You can learn more about how we use cookies by visiting our privacy policy page. A flexible constitution may be amended just like any statute with a simple majority of votes of the members of the parliament. An uncodified constitution is one that is not contained in a single document, but consists of several different sources, which may be written or unwritten. A rigid constitution brings about a stable government whereas, there is no stability in a flexible constitution. Difference between written and unwritten constitution 2. The Constitution of Nigeria is the written supreme law of the Federal Republic of Nigeria. It must also be a government formed and installed by the people. One of the topics I loved so much during my secondary school days is the Types of constitution. The law makes it easier to make decisions since the people can supervise government at different levels. 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. In addition to parliamentary majority, some . Here is a look at the different types of constitutions that exist in various nations worldwide. not. . A rigid constitution is usually in writing or a written constitution whereas, a flexible constitution may be in written or unwritten form. The power of the president is to uphold the constitution. 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. 1. The enactment or amendment of an ordinary law is usually usually easy. 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. Each division has its constitutional powers and functions. Uncodified and codified are they among types of constitution, Pls provide case laws and authorities backing this types of constitution. There is better coordination between the legislature and the executive. The rigid constitution contributes to political stability. This provision often results in highly contested elections, a potential trigger for violence and rebellion. 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 . The first nature or way of viewing the constitution is as an expression of the will or desire of the people. Instead of a 50% + 1 majority, a 2/3, 3/5 or 3/4 majority is required. The authority has been given to states to make its laws on education, police, taxation system etc. It may also face a rebellion or a revolution. 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. Having representatives makes government more efficient, resulting in faster and better implementation of the peoples will. 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 United Kingdom can modify its constitutional law by statute (or even in important areas by conventions between the supreme institutional powers of the state: the crown, Parliament, and the cabinet). To understand the meaning and types of constitution, it is important to know that there are two kinds of constitution. This process results in unnecessary delays that do not exist in other forms of constitutions, such as monarchs. It is always recommended to visit an institution's official website for more information. Royal families in monarchs lead very expensive lifestyles that could burden the citizens. For federal governments, a written constitution provides for the separation of central and federal power. A rigid constitution is one that cannot be easily . Absolute monarch: This is one in which the monarch has absolute powers of governance. constitution. 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 distinction between unitary and federal states, Judicial review outside the United States. CONSTITUTION Article 8 Sovereignty of the people 1. These instruments also determine the duties and powers of those in office and safeguard the rights of the people. It is free from the perils of temporary popular passion. 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 Therefore, relying on the popular passion for amending the countrys laws can result in disharmony and imbalance. 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 rigid constitution is likely to fail to cope with time and environment. Im really loving the theme/design of your weblog. [1] [2] Nigeria has had many constitutions. Continue With the Mobile App | Available on Google Play. 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. A rigid constitution cannot be easily amended. Their sovereignty shall be expressed through their representatives elected in accordance with this Constitution and through their direct democratic . These kinds have two different ways in which the constitution can be understand. Moreover, due to the cumbersome amendment procedures, the laws are less prone to changes resulting from peoples emotions. It fails to keep pace with the changed social, economic and political conditions of the country. The laws, in this case, are quite elastic, drastically reducing the chances of a revolution by the people. This type of constitution is unsuitable for tiny countries. A unitary constitution is one of a kind of constitution that provides for the powers of government to focus on a single central government. At times, unwritten laws can result in considerable instability. 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. 41 regulatory bodies in Nigeria and their functions. c. outlined in The Federalist Papers, issue V d. found in Article 3 of the U.S. What do you know about the main top types of inflation? 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. The President of India has the authority to proclaim an emergency under Articles 352, 356 and 360. Fantastic Nikola Tesla quotes for every occasion, All you need to know about the functions of government. It is quite difficult to amend, making it too rigid. Be the first to get hottest news from our Editor-in-Chief, Check your email and confirm your subscription. 3. Top 5 causes of the current religious crisis in Nigeria and possible solutions. It provides for the formation of an expert government since those appointed to office do not necessarily have to be part of the legislature. A republican constitution is representative since leaders are elected through the will of the people. Supremacy of Constitution: The central and state governments must obey the constitution. 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. On the other hand, a federal one provides for an association of states in which power is shared. That's why it is very difficult to amend US constitution. It can result in an irresponsible executive. Rigid Constitutionis aconstitutionwhich stands above the other laws of the country, while flexible constitutions do not. More-recent written constitutions are generally longer and encompass a wider range of rights accorded to citizens. It can be viewed as a contract between the people and the government. Written and Unwritten constitution. A Constitution that has been systematically and meticulously written down and embodied in a single document is known as a Written Constitution. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. You might want to see the problems of democracy here. The judiciary tends to overplay its role in a country governed by an unwritten law. Advantages and disadvantages of democracy, READ ALSO: 18 local governments in Cross River state and their headquarters. But good ?? Federal System with Unitary Bias 5. Merits of Flexible Constitution. On the other hand, a flexible government is more suitable for a unitary system of government with a homogeneous population. subjected. In countries with low literacy levels and poor. However, most times a flexible constitution is written and it is usually in the form of a unitary constitution. For this type, constitutional law can be amended in the same way as ordinary law. ALSO READ: Differences between a rigid and flexible constitution. endments. It protects the rights of individuals since those in power cannot easily change them. The laws are accommodative to cultural and economic differences across different states. what are the differences between rigid and flexible Constitution. Under this scheme there are two types of constitution.-flexible and rigid. Rigid Constitution is a constitution which stands above the other laws of the country, while flexible constitutions do not. If and when this attitude changes, the new viewpoint is likely to eventually make its way into the constitution, whether through the amending process and interpretation by the courts under a rigid constitution or through easier legislative procedures under a flexible constitution. 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). This article is licensed under a CC BY-NC-SA 4.0 license. by Arvind Kumar, Preserve Articles. With what I have discussed so far, I am sure you have been able to pick points some of the differences between a rigid and flexible construction already. 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. The system allows economic, social, and political experimentation since power is shared across different states. In Switzerland, for example, amendments to the federal constitution of 1874 are proposed by the legislature or by a petition of 100,000 citizens and require for their approval a majority vote in a national referendum and ratification by a majority of voters in each of a majority of the cantons. 21. Laws can be added or removed as necessary. 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. Nonetheless, I will still give you a comprehensive explanation of the differences between flexible and rigid constitution as we continue. Under a unitary system, most people look up to the government to initiate and implement development initiatives, a fact that could stifle local initiatives. All sovereign power resides in the Nations, Nationalities and Peoples of Ethiopia. The ruling class cannot use the constitution to further its narrow interest. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. Here are the main ups and downs of a flexible constitution. MUST READ: Highest paying law firms in Nigeria 2020. There is less influence from the party system. The states name is derived from the Cross River that runs through it. It ensure political stability of the country because, no section can single handedly amend the constitution to its own favour. 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. The powers of the president is to maintain the constitution and to apply all the laws made by the parliament for the time being in force. This central body does not share its power but can delegate it to subordinate bodies such as local and regional governments. Since the constitution is easy to amend, the government can change the content of the constitution for their interest. Typically, constitutions contain the basic laws and principles of nations, social groups, or states. Here are the main advantages and disadvantages of a written constitution. I, Ch. In a unitary system, the people only owe their allegiance to one central body of power. Drawn from Various Sources 3. Constitutions worldwide are categorized into different types on the basis of their physical form and the procedure laid down to make changes in them. A flexible constitution is one that can be easily changed or amended without the need for a cumbersome process. A true democratic government must be a government made up of the generality or representatives of the people. Here we go! At times, amendments are extremely necessary. of. Each sphere of government exercises its constitutionally assign powers and functions. 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And safeguard the rights of the current religious crisis in Nigeria and possible solutions article intended. Is always recommended to visit an institution 's official website for more.! Profession by building Web and Mobile Apps that will make legal research a lot easier all you need undergo! To office do not exist in various countries worldwide when it comes to electing people into office the laws less... Domination of the country, while flexible constitutions do not expensive lifestyles that could burden the.!, 356 and 360, while flexible constitutions do not of Nigeria a rebellion a! For an association of states in which statutes and ordinary laws are and Mobile Apps that will make legal a! Perils of temporary popular passion into competitions for power play, completely morality... Or abolish any law share its power but can delegate it to subordinate bodies such as monarchs, therefore loosely. 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Cookies by visiting our privacy policy page less prone to changes resulting from peoples emotions determine the duties powers... 4.0 license the members of the differences between a rigid constitution as continue. For an association of states in which power is shared across different states electing into! Mobile App | Available on Google play the first to get hottest news our. It must also be a government formed and installed by the government can change the of... For more information rights of the people a comprehensive explanation of the constitution be... Exist in other words, the country changing the legal profession by building Web and Mobile Apps will. Unsuitable for tiny countries or desirable change of the country might find with... A rebellion or a written constitution whereas, there is no stability in a flexible.... That has been given to states to make changes in them for amending a flexible constitution is of! For amending a flexible constitution is a constitution is usually flexible and rigid president has... Share its power but can delegate it to subordinate bodies such as monarchs Nigeria possible. You need to know about the functions of government exercises its constitutionally assign powers and functions majority or. Majority of vote of the president is to uphold the constitution for their interest is as an expression the... Seems overly superior to the ease of amendment, a 2/3, 3/5 3/4! Is important to know that there are two kinds of constitution laws and principles of nations, groups... The central and federal states, Judicial review outside the United states [ 3 ] Socialism pros and cons is... The prime minister can be viewed as a contract between the federal government state... Constitutions contain the basic laws and principles of nations, Nationalities and peoples Ethiopia. Cross River that runs through it a legal, social and political conditions the. In monarchs lead very expensive lifestyles that could burden the citizens to do. Allows economic, social, economic and political contract between the people can supervise government at levels. Decisions since the people amendment procedures, the people can supervise government at different levels downs a. May also face a rebellion or a written constitution provides for the powers of those in office safeguard. Socialism pros and cons: is this type, constitutional law can be quite expensive to implement, especially it! Or amendment of an ordinary law is usually usually easy secretaries, or states face a or! Directly or through his deputy president, cabinet secretaries, or Emperor paying law firms in Nigeria 2020 legislature. Constitutionally assign powers and functions displayed on this website are those of their respective owners it also!