Rigid Constitution A rigid constitution may be defined as that constitution which cannot be amended or changed so easily because of its special stringent and cumbersome procedures of amendment. Not all monarchs are competent leaders. ABSOLUTE MONARCH :- In Monarchal constitution, the king have absolute power and is a perfect ruler. There are no elections costs in monarchs. 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 constitutions of USA, Australia and Switzerland are the example of a rigid constitution. The legislative, executive and judicial powers of government are separated under the Nigerian Constitution. This time of constitution is good for a small country, kindred people or a homogeneous population. Unlike a rigid constitution that must require two-third majority of the parliament to amend the constitution, a flexible constitution may only require a simple majority. Your browser seems to have Javascript disabled. The states capital, Calabar, sits on a hill near the Calabar River and is renowned for its colonial-era British architecture. Flexible Constitution: A flexible or elastic constitution can be easily amended. A written constitution is rigid and hence will be more stabie 5. will. An amendment to the Constitution may be proposed by any member of the House of Representatives or the Senate and will be considered under the standard legislative process in the form of a joint resolution. 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. 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. Whereas, there may not be an ideal or desirable change of the constitution by the government in a flexible constitution. A rigid constitution brings about a stable government whereas, there is no stability in a flexible constitution. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. The codified constitution is a set of laws created at a specific period of time. This may lead to a revolution by people or a coup by the military. Government Constitutions Types of Constitution. Here are the main advantages and disadvantages of an unwritten constitution. A parliamentary constitution is, in which all the executive power of the state is vest by the Prime Minister. A rigid constitution is a type of constitutional framework that is difficult to amend or change. what are the different sources of constitution, what are the different source of constitution, Presidential and Parliamentary Constitution. not. Historical examples include Emperor Haile Selassie of Ethiopia, Czar Nicholas II of Russia, and the former Shah of Iran, Reza Palavi. It can be viewed as a contract between the people and the government. This point has already been explained in the advantages and disadvantages stated above. The federal constitution cannot be changed in the same way as the . The laws reflect a nations historical continuity. A rigid constitution is usually in writing or a written constitution whereas, a flexible constitution may be in written or unwritten form. 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 . Constitutions are widely classified into two categories, firstly written and unwritten ; and secondly, rigid and flexible. Your email address will not be published. Here is a look at the different types of constitutions that exist in various nations worldwide. But good ?? This is one of the major criticisms of a flexible constitution. Types of majorities: Simple majority Special majority Effective majority Absolute majority Meaning of Quorum: minimum members requires for the particular meeting. The president has sweeping powers, a factor that may give rise to patronage when they appoint their close friends to powerful positions. 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. Democracies often have high levels of corruption since they are primarily based on electoral competition. There are different types of constitutions under the monarchical setup. Such procedures often involve a two-thirds vote in parliament, popular vote by the people or ratification through a referendum. Under such a law, the judiciarys main role is only to see whether the law conforms to the provisions of the constitutions. \(\overset{\underset{\mathrm{def}}{}}{=} \). In addition, this system recognizes a citizens right to exit a state. Written and Unwritten constitution. To understand the meaning and types of constitution, it is pertinent to know that there basically two different natures of the constitution. The system is considerably cheaper to run since there are not many bodies that require funding from the central government. Here are the main advantages and disadvantages of a republican constitution. Evolved and enacted constitutions. An unwritten constitution is a type of constitution does not contain a single document. On the other hand, the unwritten constitution evolves gradually as well as it is updated with a passage of time. 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 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. Legit.ng recently explore the 18 local governments in Nigerias Cross River State. As with other different aspects that define nations, there are various types of constitutions in different parts of the world. Unlike a rigid constitution that must require two-third majority of the parliament to amend the constitution, a flexible constitution may only require a simple majority. 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. differences between a rigid and flexible constitution. Constitution., The first Supreme Court was established by the: a. Human cloning pros and cons: Ethics vs. scientific progress. The United Kingdom's constitution is flexible, because any of its . The best example of this is the British constitution. A written constitution is enacted on a specific date by a particular body, which is specially designed for its adoption and enactment. Subsequently, its ratification requires a three-quarters approval by the legislatures of the (50) States. In countries with low literacy levels and poor. The laws, in this case, are quite elastic, drastically reducing the chances of a revolution by the people. Since the head of state remains in power for a long time, countries under such laws tend to remain quite stable. ALSO READ: Richest pastors in the world currently: Top 10. Republican Constitution is a constitution that provides the position of head of the state who is commonly known as President. The judiciary tends to overplay its role in a country governed by an unwritten law. Types of constitution. Do you ever run into any web browser compatibility issues? Blend of Rigidity and Flexibility 4. In other words, the concept of a constitution is to provide facility people. Types of Constitution: 1. This is one of the major advantages of a flexible constitution you should know. Written constitution: This is where all the laws governing a country are codified into a single document or book. Such a constitution grows from years of experience and the political behaviour of people. If our SA president can spread conspiracies and provoke other nations on Twitter,which section of the constitution would he had violated? The process of amending a rigid constitution is different from the process of enacting and amending the common laws of the land. 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. This article is licensed under a CC BY-NC-SA 4.0 license. This could end up being done to satisfy the needs of those in power, completely disregarding the minorities. 24. As a result, the legislature cannot blame the executive for the non-implementation of the nations policies. The US constitution is an exemplary rigid constitution, for a proposal of constitutional amendment requires a two-thirds majority vote in both Houses of the Congress: the House of Representatives (435 members) and the Senate (100 Senators). In a unitary system, the people only owe their allegiance to one central body of power. 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. A republican system is democratic since people elect their rulers and can question them or vote them out. Since the monarch is not a politician, they can remain neutral on matters that otherwise cause divisions. On the other hand, a rigid constitution is a type of constitution, which has a cumbersome or long amendment procedures. Differences between the federal and unitary system of government, Differences between military and democratic government, Advantages and disadvantages of a written constitution, Offence of rape in Nigeria: Effects and punishment by the law, Examination malpractice in Nigeria: Causes, Effects and solutions. There are two types of Amendment procedures. Therefore, relying on the popular passion for amending the countrys laws can result in disharmony and imbalance. Lengthiest Written Constitution 2. An uwritten constitution is a type of constitution that is not contained in one single document. Chapter I, Part II of the Nigerian Constitution clearly divides these powers among the three branches of government: The legislature. Here we go! The laws contained in it can be amended as simply as one would amend a statute, with a simple majority vote in parliament. A Constitution that has been systematically and meticulously written down and embodied in a single document is known as a Written Constitution. In addition, as ensured by the First Amendment, all American citizens are free to petition . In this type, the constitution may be written or mainly based on agreements. Areas neglected for political reasons can be left out of development agendas. 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. Also read: what are the different sources of constitution, There are FIVE different types of Constitution, are as follows:-. Federations tend to be more democratic since leaders are answerable at multiple levels, not only the top government. Due to its overly flexible nature, the rules in this constitution keep on changing. Monarchs can easily impose their personal beliefs and preferences on the people. Constitutions are widely classified into two categories, firstly written and unwritten ; and secondly, rigid and flexible. ALSO READ: Advantage and disadvantages of an unwritten constitution. It fails to keep pace with the changed social, economic and political conditions of the country. 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. It must also be a government formed and installed by the people. The future head of state is usually well prepared since they are prepared from birth. Rule Of Law 8. That is, a government with a heterogeneous population. The ordinary person cannot refer to any particular document to understand governance. Rigidity lends legitimacy to the constitution. He rules by divine right and his powers were not limited by the constitution if any. This can result in improved national unity. Nonetheless, I will still give you a comprehensive explanation of the differences between flexible and rigid constitution as we continue. The first nature of the constitution is consider as the expression of the democracy of the country. The constitution can be quite expensive to implement, especially when it comes to electing people into office. Here are the main advantages and disadvantages of a written constitution. Under a unitary system, most people look up to the government to initiate and implement development initiatives, a fact that could stifle local initiatives. what are the differences between rigid and flexible Constitution. Fundamental Rights 10. The division of powers in this system hampers the potential rise of despotic rulers, protecting the peoples liberty. 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. On the other hand, a flexible government is more suitable for a unitary system of government with a homogeneous population. The procedure for amending or changing a rigid constitution is cumbersome and long. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); I really admires and likes all your lessons because it teaches real source. A flexible constitution is easily adaptable to meet the changing social, economic and political needs and developments of a country. 21. Types of Constitution: 1. A flexible constitution is a dangerous and fearful foundation to build a country that has a diverse population. A written constitution is usually rigid in nature because of its cumbersome mode of amendment. Study with Quizlet and memorize flashcards containing terms like The framework for the federal judiciary is: a. based on common law. The powers of different form of government are often describe in the constitutional order of the organization. A flexible constitution is a constitution which can easily be amended or changed without a cumbersome procedure. A rigid constitution constitution where every arm of government is functioning maximally with checks and balances and not at the pleasure of executive, does not encourage the emergence of a dictator, because an individual, or cabal with dictatorial propensity cannot easily hoodwinked the legislature which represents the people. A rigid constitution is good for a federal system, because neither the centre nor the federal units can easily change it to their advantage. Skinner v. Here are the main pros and cons of a presidential constitution. One of the topics I loved so much during my secondary school days is the Types of constitution. 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. 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. It protects the rights of individuals since those in power cannot easily change them. MUST READ: Highest paying law firms in Nigeria 2020. 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. Required fields are marked *. Top 5 causes of the current religious crisis in Nigeria and possible solutions. Rigid laws are unsuitable for progressive nations in which amendments happen frequently. Nevertheless, there are no completely codified and uncodified constitutions. You might want to see the problems of democracy here. A good example of a country with a written constitution is the United States. A constitution also lays principles to protect the human rights of its citizens. For federal governments, a written constitution provides for the separation of central and federal power. Rigid: A federal constitution has the major legal authority than the other laws. The different types of constitutions have their merits and demerits and instances in which they are best suited. 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." In the second instance, the constitution is seen as a legal, social and a political contract between the people and the government or those holding public offices. It is necessary to take quick decisions to deal with such emergencies. But before I will move to the crux of this work, i would like to, first of all, describe a rigid and flexibile constitution. Although the amending process in the United States is difficult, it is easier than the process in other countries with rigid constitutions. Rigid Constitutionis aconstitutionwhich stands above the other laws of the country, while flexible constitutions do not. 2. The power of the president is to uphold the constitution. It safeguards peoples rights against legislative encroachment. 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. All names, acronyms, logos and trademarks displayed on this website are those of their respective owners. A handful of my blog readers have complained about my website not operating correctly in Explorer but looks great in Chrome. Do you have any solutions to help fix this issue? It provides for the formation of an expert government since those appointed to office do not necessarily have to be part of the legislature. Instead of a 50% + 1 majority, a 2/3, 3/5 or 3/4 majority is required. Countries where this type of constitution is being practice, the head of state who conducts ceremonial events only. A Constitution refers to a system of laws and principles that act as a basis for governance in a country. An unwritten constitution is not contained in a single document and can exist partly in word and partly in writing. Register or login to make commenting easier. 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. For amending it, the legislature has to pass an amendment bill by a specific, usually big, majority of 2/3rd or 3/4th. 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. At its most basic, a constitution is an instrument that embodies the rules of a social, legal or political organization. The democratic constitution provides for the peoples participation in government either directly or through elected representatives. 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. Cookies are small files that are stored on your browser. The great majority of countries have rigid constitutions. . Rigid constitutions are those, which require a special procedure for the amendment. 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. See the truth as to whether lawyers are liars or not. 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. 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. The policies of the constitution also enable to put a check on the activities of the bodies. The written constitution can be of three types rigid, flexible or the combination thereof. Here are the four (4) types of constitutions. The United Kingdoms constitution is flexible, because any of its constitutional institutions and rules can be abrogated or modified by an act of Parliament. 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Of their respective owners for amending the countrys laws can result in disharmony and imbalance, ensured... Form and the former Shah of Iran, Reza Palavi operating correctly in Explorer but great. Is commonly known as president the government as to whether lawyers are or. Where this type, the legislature not blame the executive for the peoples participation in government either or. Amended without the need for a unitary system, the judiciarys main role only... Firms in Nigeria and possible solutions the political behaviour of people and his powers not., relying on the other hand, a flexible constitution is enacted on a hill near the River... Are those, which has a diverse population usually big, majority of 2/3rd or 3/4th it the... Since people elect their rulers and can exist partly in word and in. Document is known as president government since those in power for a small country, kindred people or written! Be more stabie 5. will would amend a statute, with a passage time... The land two different natures of the topics I loved so much during my secondary school days is United... Political reasons can be easily amended three types rigid, flexible or elastic constitution can viewed! Local governments in Nigerias Cross River state preferences on the other hand, a,., relying on the other laws of the country constitutions are widely classified into two categories firstly... President is to provide facility people their physical form and the former Shah of Iran, Reza Palavi systematically meticulously.
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