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. We literally have two types of constitutions and they are written and unwritten constitutions. 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. Oh yeah! At the same time, uncodified constitution type is based on customs and traditions. To amend the constitution a lengthy procedure has to be followed. The president may exercise the executive powers of government either directly by himself or through the vice president, minister or other officers in the public service of the country. Uncodified and codified are they among types of constitution, Pls provide case laws and authorities backing this types of constitution. A handful of my blog readers have complained about my website not operating correctly in Explorer but looks great in Chrome. A flexible constitution may be amended just like any statute with a simple majority of votes of the members of the parliament. A flexible constitution is one that can be easily changed or amended without the need for a cumbersome process. 3. The President of India has the authority to proclaim an emergency under Articles 352, 356 and 360. Rigid Constitution Flexible Constitution Written Constitution Unwritten Constitution a) Rigid Constitution A Rigid constitution is a constitution that is difficult to be amended or slow to change usually because of a prescribed process of the amendment that is detailed and lengthy in execution. RIGID CONSTITUTION: Rigid constitutions are those, which require a special procedure for the amendment. It is always recommended to visit an institution's official website for more information. The monarchical constitution is actually a monarchy where the king succeed to his child or other heir from generations to generation or from one ruling house to another. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. In this article I will clearly highlight the basic differences between a rigid and flexible constitution. Save my name, email, and website in this browser for the next time I comment. The powers of different form of government are often describe in the constitutional order of the organization. Their sovereignty shall be expressed through their representatives elected in accordance with this Constitution and through their direct democratic A flexible constitution is a constitution which can easily be amended or changed without a cumbersome procedure. The procedure for amending a flexible constitution is not cumbersome, long expensive, time or energy consuming. He may be the king, president, chief, the emblem of the state and the Father or mother of the nation. Today, we will be looking at those different types of constitution. Here are the main pros and cons of a parliamentary constitution. In countries with low literacy levels and poor. It is unlike a rigid constitution. 3. It can be amended only in special circumstances. Federalism is the distribution of power between the federal government and state governments. She would tell us the the advantages, disagreement, criticism and even problems of every type of constitution. Here we go! to. 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 others are classifications of constitutions not types because you may find that some may be categorized under written and others under unwritten. Normative constitutions predominate in the United States, Australia, Canada, Japan, and the countries of western Europe, while nominal constitutions are common in countries ruled by a one-person or a one-party dictatorship or by a military junta. I enjoin you to seat calmly and read this work so that you will be able to grasp everything I will discuss here. 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. This results from a phenomenon known as race-to-the-bottom in which states compete to attract investments by lowering taxes. 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. There are different types of constitutions under the monarchical setup. Subscribe my Channel: https://www.youtube.com/channel/UCqKvfWhZpdrCA1C51RShQnA . A unitary constitution provides for government power to be vested in a single central government. It is quite difficult to amend, making it too rigid. The judiciary tends to overplay its role in a country governed by an unwritten law. Save my name, email, and website in this browser for the next time I comment. Difference between written and unwritten constitution 2. Don't want to keep filling in name and email whenever you want to comment? Top 5 causes of the current religious crisis in Nigeria and possible solutions. "Rigid Constitution" by Wikipedia,CC BY-SA 3.0, "What are the Merits and Demerits of Rigid Constitution ?" On the other hand, in rigid constitutions, people can easily feel that the current laws do not address their needs and turn to revolutions to get their way. You might want to see the problems of democracy here. This happens because all resources have to be mobilized by the national government. He rules by divine right and his powers were not limited by the constitution if any. The Rigid Constitution is a type of constitution that is not easily amended. Like common law and customary law, an unwritten constitution grows from many years of practical experience and from the political way of the people. 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. The constitution can be quite expensive to implement, especially when it comes to electing people into office. An unwritten constitution is a type of constitution does not contain a single document. 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 country that uses an unitary government system usually adopts an unconstitutional constitution. It has ability to change quickly in accordance with changes in the social and political environment of the society and the state. Your email address will not be published. There are laid down procedures for dealing with conflicts and differences. It easily safeguards the traditions of a country. Its method of amendment is difficult. These instruments also determine the duties and powers of those in office and safeguard the rights of the people. It ensure political stability of the country because, no section can single handedly amend the constitution to its own favour. In other words, the concept of a constitution is to provide facility people. There is better coordination between the legislature and the executive. This is one of the major advantages of a flexible constitution you should know. It does not exist in one document but can be found in judicial decisions, conventions, and statutes. For this type, constitutional law can be amended in the same way as ordinary law. A true democratic government must be a government made up of the generality or representatives of the people. Rigidity lends legitimacy to the constitution. This type of constitution can easily be tempered with and may change easily. 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Unlike the unitary system, the countrys power is shared among local, state, and federal bodies. CONSTITUTION Article 8 Sovereignty of the people 1. While India is a blend of rigid and flexible constitution. . Anyways, if you have any contribution or questions to ask on this topic, do no hesitate to send them using the comment section. It is premised on stability and performance. Such constitutions are written with the combined knowledge and experience of learned people, resulting in improved efficiency. 2. 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. Rigid Constitutionis aconstitutionwhich stands above the other laws of the country, while flexible constitutions do not. There lacks a true separation of power in this system. It is easily adaptable to a countrys changing circumstances. Although amendment can be possible when is seems necessary. Continue With the Mobile App | Available on Google Play. It is free from the perils of temporary popular passion. 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. It contains titles available in the ASCL Library and published in the past six years. It also serves as an important port city to both the Cross River State and Nigeria at large. The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary laws of the land. However, the process of amending a rigid constitution may include a two-thirds majority vote of the members of the federal legislature, as well as a tow-thirds majority vote in two-thirds of the state legislatures in that country. Organizing and providing relevant educational content, resources and information for students. This is the ultimate law-making power vested in the UK parliament to create or abolish any law. Due to the ease of amendment, a flexible constitution may be amended hastily and unwisely for a selfish or sectional purpose. The people can experience slow government response on matters such as defence and emergencies. The constitutions of USA, Australia and Switzerland are the example of a rigid constitution. The president has sweeping powers, a factor that may give rise to patronage when they appoint their close friends to powerful positions. That is, a government with a heterogeneous population. The president may exercise the executive authority by own or through consultation with the vice-president, the minister, or other officers in the public service. A. 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." What is a written constitution? At times, the country might find itself with a highly unqualified legislature. The constitution though Supreme, is usually flexible and not rigid, as the government has power to amend it as maybe necessary. Monarchs can easily impose their personal beliefs and preferences on the people. Synthesis of Parliamentary Sovereignty and Judicial Supremacy 7. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. The future head of state is usually well prepared since they are prepared from birth. 6. But good ?? Constitutional law in countries with flexible constitutions does not have to be unstable or constantly in flux. Top details about affirmative action pros and cons. It is unsuitable for a country premised on a federal system. In those days, my political science teacher used to take her time to explain everything to the class. The ruling class cannot use the constitution to further its narrow interest. At its most basic, a constitution is an instrument that embodies the rules of a social, legal or political organization. Although the amending process in the United States is difficult, it is easier than the process in other countries with rigid constitutions. 20. 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 United Kingdom's constitution is flexible, because any of its . The United Kingdoms constitution is flexible, because any of its constitutional institutions and rules can be abrogated or modified by an act of Parliament. 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 . It is important to note that most times, the prime ministers in the cabinet are all members of the same party or coalition equals. Tell me what you think about the differences between a rigid and flexible constitution highlighted here. Also read: what are the different sources of constitution, There are FIVE different types of Constitution, are as follows:-. This continued until when I was about to represent my school in a political science competition. Save my name, email, and website in this browser for the next time I comment. However, the procedure for amending a rigid constitution may include an absolute majority. Parliamentary Form of Government 6. Rule Of Law 8. Subsequently, its ratification requires a three-quarters approval by the legislatures of the (50) States. A rigid constitution is good for a federal system, because neither the centre nor the federal units can easily change it to their advantage. The system can result in significant economic disparities across states. Here are the main advantages and disadvantages of a 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 . The ordinary person cannot refer to any particular document to understand governance. This makes it easier to adapt the laws to the peoples or countrys changing needs. 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. 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. Secondly, it can be seen as a social contract between the government as an entity and the people on the one hand. 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. 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. Fantastic Nikola Tesla quotes for every occasion, All you need to know about the functions of government. 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. Legit.ng recently explore the 18 local governments in Nigerias Cross River State. ALSO READ: Advantage and disadvantages of an unwritten constitution. [Persons entitled to apply to be registered as Citizens] (1) Any person who -- (a) has attained the age of twenty-one years; or These natures are the two different ways from which the constitution can be viewed or understood. There can often be deadlocks between the legislature and the executive. Under a unitary system, most people look up to the government to initiate and implement development initiatives, a fact that could stifle local initiatives. The British Constitution is an excellent example of an unwritten constitution. very frequent. Required fields are marked *. This type of constitution is partially written and partially oral. It cannot be misused by government having the support of simple majority in the national legislate. If you have have been searching through the internet to know the differences between a rigid and flexible constitution, then you are in the right place. 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. Study with Quizlet and memorize flashcards containing terms like The framework for the federal judiciary is: a. based on common law. Pros and cons of GMOs explained in detail. A flexible constitution just like an unwritten and unitary constitution, is wholly suitable for a multi-ethnic, multi-religious or heterogeneous population. 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. thanks very much for the above submissions on constitution. Am having exam tomorrow and this what im going to read for the exam, Great work here but I need more clarity. The presidents fixed tenure can result in a rigid government. Eventually, state-centred decisions overtake national interests. Instead of a 50% + 1 majority, a 2/3, 3/5 or 3/4 majority is required. Since the monarch is not a politician, they can remain neutral on matters that otherwise cause divisions. The president then has the liberty to exercise his powers directly or through his deputy president, cabinet secretaries, or other officers. The states name is derived from the Cross River that runs through it. [3] But It is not a single document, but it contain various sources, such as statutes, convection, and judicial decisions. How many types of constitutions are there? The system allows economic, social, and political experimentation since power is shared across different states. MUST READ: Are Lawyers liars? Types of constitution. The federal constitution, is an free state organization with constitutionally assign powers in federal, state and local councils. 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Aconstitutionwhich stands above the other laws of the society and the Father or mother of state... With and may change easily country, while flexible constitutions does not have to be followed to the peoples countrys! The other laws of the country might find itself with a simple majority in the constitutional of... In other countries with rigid constitutions are written with the Mobile App | Available Google... Quotes for every occasion, all you need to know about the between! Local councils are FIVE different types of constitutions not types because you may find some! Some may be the king, president, chief, the concept of a constitution is excellent!