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. This type of constitution can easily be tempered with and may change easily. Flexible and Rigid Constitution A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); I really admires and likes all your lessons because it teaches real source. ALSO READ: Richest pastors in the world currently: Top 10. What types of constitutions exist and what defines them? 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. 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. Your browser seems to have Javascript disabled. The first nature or way of viewing the constitution is as an expression of the will or desire of the people. Although the amending process in the United States is difficult, it is easier than the process in other countries with rigid constitutions. An unwritten constitution is a type of constitution does not contain a single document. This makes it easier to adapt the laws to the peoples or countrys changing needs. 3. 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. A parliamentary government is, in most cases, more responsible than a presidential government. It has been criticized as being vague and indefinite. In contrast, the constitution of India extends to hundreds of pages. To understand the meaning and types of constitution, it is important to know that there are two kinds of constitution. Merely organizational constitutionsdocuments containing no guarantees of rights or prescriptions of goalsare now rare. Federalism is the distribution of power between the federal government and state governments. To understand the meaning and types of constitution, it is pertinent to know that there basically two different natures of the constitution. 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. It can be amended with the same ease in which statutes and ordinary laws are. This is why it is called a flexible constitution. It may also face a rebellion or a revolution. It is formulated and adopted by a constituent assembly or a council or a legislature. It is easily adaptable to a countrys changing circumstances. Conventionally, a democratic government should reflect the peoples generality and must be created and installed by the people. Written and Unwritten Constitution A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. Since the head of state remains in power for a long time, countries under such laws tend to remain quite stable. Also he holds limited powers. He rules by divine right and his powers were not limited by the constitution if any. Due to its overly flexible nature, the rules in this constitution keep on changing. Having representatives makes government more efficient, resulting in faster and better implementation of the peoples will. 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. 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. Its current form was enacted on 29 May 1999 and inaugurated the Fourth Nigerian Republic. Typically, constitutions contain the basic laws and principles of nations, social groups, or states. The state is located in Southern Nigeria and borders Cameroon to the east. Secondly, it can be seen as a social contract between the government as an entity and the people on the one hand. Your email address will not be published. This has led to questions over the balance of power between national and state governments. 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. Here are the main ups and downs of a rigid constitution. subjected. The enactment or amendment of an ordinary law is usually usually easy. Save my name, email, and website in this browser for the next time I comment. 2. Each body exercises its assigned functions and powers. It will be nice to hear from you! 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. That's why it is very difficult to amend US constitution. 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. 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. Note: the strength of quorum in India is 1/10th of total members Simple majority: 50% +1 of members present and voting. It can be amended only in special circumstances. Register or login to receive notifications when there's a reply to your comment or update on this information. There are two types of constitutions. For this type, constitutional law can be amended in the same way as ordinary law. Are Lawyers liars? It is a consciously framed and enacted constitution. Difference between rigid and flexible constitution Previous Post Sources of the Indian Constitution I, Ch. However, she never said anything about the similarities or differences between some of the types of constitutions and that was a big problem. Kindly take note of this. A country operating a unitary system of government usually adopts a unitary constitution. A true democratic government must be a government made up of the generality or representatives of the people. Types of majorities: Simple majority Special majority Effective majority Absolute majority Meaning of Quorum: minimum members requires for the particular meeting. I will be glad to hear from you! It is free from the perils of temporary popular passion. See the truth as to whether lawyers are liars or not. He also implement all the laws enact by the current 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. Read Constitutional Law and Governance in Uganda pg. 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 flexible constitution by its nature does not protect the interest of minority, disadvantaged or despised people. Even though I understood the meaning of all the types of constitution she thought, I was unable to differentiate between them. The others are classifications of constitutions not types because you may find that some may be categorized under written and others under unwritten. A rigid constitution is usually in writing or a written constitution. The distinction between unitary and federal states, Judicial review outside the United States. 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. Therefore, relying on the popular passion for amending the countrys laws can result in disharmony and imbalance. Its method of amendment is difficult. In contrast, the federal constitution provides different structure of government in national, state and local councils. . Republican Constitution is a constitution that provides the position of head of the state who is commonly known as President. Some clauses in such documents depend on the judicial interpretation that, at times, might not be ideal. A rigid constitution is a constitution which has a cumbersome or long amendment procedure. Like common law and customary law, an unwritten constitution grows from many years of practical experience and through human political approach. [3] This continued until when I was about to represent my school in a political science competition. Meanwhile, I would love to hear your contributions to this article. The Constitution of Nigeria is the written supreme law of the Federal Republic of Nigeria. c. outlined in The Federalist Papers, issue V d. found in Article 3 of the U.S. 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. It can easily result in administrative instability. At times, unwritten laws can result in considerable instability. The federal constitution cannot be changed in the same way as the . A. V. Diceydefines a rigid constitution as one under which certain laws, calledconstitutional lawsorfundamental lawscannot be changed in the same manner as ordinary laws. A rigid constitution set forth specific legal/constitutional obstacles to be overcome before it may be amended, such as special approval of the people by referendum, a supermajority or special majority in thelegislature, or both. This kind of constitution can amend like any other law, by a simple vote of the members of parliament. The future head of state is usually well prepared since they are prepared from birth. However, the Constitution does not create clear-cut lines for which types of policy fall under each level of government. Differences between a federal and unitary system of government, Why indirect rule was adopted in Africa during colonization, Characteristics of military rule in Nigeria. These instruments also determine the duties and powers of those in office and safeguard the rights of the people. It does not allay the fear of ethnic domination of the minority by the majority people or religion in a multi-ethnic country. However, the procedure for amending a rigid constitution may include an absolute majority. A unitary constitution one of the types of constitution which provides that governmental powers should be concentrated on the single central government, which does not share powers with other body in the country, but delegates powers to regional, local government and other subordinate bodies. 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 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. A flexible constitution is a dangerous and fearful foundation to build a country that has a diverse population. It is often asserted that the United States has a written constitution and the United Kingdom an unwritten one. Flexible and Rigid Constitution. Such constitutions are written with the combined knowledge and experience of learned people, resulting in improved efficiency. Not all monarchs are competent leaders. 41 regulatory bodies in Nigeria and their functions. \(\overset{\underset{\mathrm{def}}{}}{=} \). Under a unitary system, most people look up to the government to initiate and implement development initiatives, a fact that could stifle local initiatives. A written constitution is enacted on a specific date by a particular body, which is specially designed for its adoption and enactment. 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. That is, constitutional practices which are not legal rules, but are accepted as binding by the British people. In light of the above, a democratic constitution is a constitution that allows the people to choose their leaders by way of election, or to reject such leaders and their programmes, when they are no longer serving the interests of the the people. To a certain extent interpretation inevitably involves adaptation of the letter of the law to societal changes. Parliamentary sovereignty is commonly regarded as the defining principle of the British Constitution. b. found in the Declaration of Independence. 1. Merits of Flexible Constitution. The codified constitution is a set of laws created at a specific period of time. However, a written constitution is not always rigid, but may be flexible and easy to amend. The first nature of the constitution is consider as the expression of the democracy of the country. A written constitution is usually rigid in nature because of its cumbersome mode of amendment. not. Every codified constitution has uncodified elements. This first set of constitutions was passed in the following years: 1914, 1922, 1946, 1951 and 1954. Skinner v. Written constitution is not flexible in nature because of its complex amendment system. 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. On the other hand, a rigid constitution is a type of constitution, which has a cumbersome or long amendment procedures. 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. Integrated and Independent Judiciary 9. What do you know about the main top types of inflation? It is not a substitute for professional advice or help and should not be relied on to make decisions of any kind. This type of government is also known as a "federation" or a "federal state" in common parlance (eg., United States of America). You might want to see the problems of democracy here. 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. 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. The powers of the different tiers of the government are usually spelt out in legislative lists of the federal constitution. Constitutions worldwide are categorized into different types on the basis of their physical form and the procedure laid down to make changes in them. It, therefore, leaves room for possible changes. I urge you to read this to the end if you really want to understand the types of constitution. In a unitary system, the people only owe their allegiance to one central body of power. A rigid constitution is a type of constitutional framework that is difficult to amend or change. It can result in an irresponsible executive. Each sphere of government exercises its constitutionally assign powers and functions. The law provides for the existence of numerous political parties. This happens because all resources have to be mobilized by the national government. This provision often results in highly contested elections, a potential trigger for violence and rebellion. A flexible constitution just like an unwritten and unitary constitution, is wholly suitable for a multi-ethnic, multi-religious or heterogeneous population. There is less influence from the party system. In a federal system, a person can compare political, social, and economic systems in different states and relocate to one they find more suitable. 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. However, if you have a questions you can ask about this topic, do not hesitate to post it using the comments section. It is necessary to take quick decisions to deal with such emergencies. Article 6. As a result of being partly written and partly unwritten, the British Constitution relies on many practices or conventions. This is where I am going to drop my pen on this topic. 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. The law makes it easier to make decisions since the people can supervise government at different levels. On the basis of the amendment procedure (procedure for making changes to the Constitution), a constitution can be classified into rigid and flexible. A country that uses an unitary government system usually adopts an unconstitutional constitution. This answer has two elements. The constitution of 1946 was passew when the Westminster Style Parliamentary Constitution was enacted in the country. This time of constitution is good for a small country, kindred people or a homogeneous population. hasty. Required fields are marked *. Save my name, email, and website in this browser for the next time I comment. So, here Im going to drop my pen for this article. 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. This could end up being done to satisfy the needs of those in power, completely disregarding the minorities. Moreover, due to the cumbersome amendment procedures, the laws are less prone to changes resulting from peoples emotions. Whereas, there may not be an ideal or desirable change of the constitution by the government in a flexible constitution. A Constitution refers to a system of laws and principles that act as a basis for governance in a country. 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). It gets the respect of all as it cannot be easily abused. 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. The UK's constitution is unwritten as it hails from no single written document, but derives from a . There lacks a true separation of power in this system. Resembling somewhat the latter class are those denominated by judge Jameson as ideal constitutions or those framed in the closets according to abstract ideas of moral . In addition, as ensured by the First Amendment, all American citizens are free to petition . Rigid constitution: it is the exact opposite of the flexible constitution. An uwritten constitution is a type of constitution that is not contained in one single document. The process of amending a rigid constitution is different from the process of enacting and amending the common 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. This type of constitution is partially written and partially oral. Written and Unwritten constitution. 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. The word democracy is derived from a combination of two Greek words Demos meaning people, and kratia meaning rule or government. A presidential constitution is one in which all the executive powers are vested in the countrys president, who serves as the head of government and the head of state. To date, none seems overly superior to the other, as proven by the existence of the different types in various countries worldwide. It does not exist in one document but can be found in judicial decisions, conventions, and statutes. You are already subscribed to our newsletter! 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 The democratic constitution provides for the peoples participation in government either directly or through elected representatives. Under this scheme there are two types of constitution.-flexible and rigid. 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. Constitution., The first Supreme Court was established by the: a. 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. 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. Below are the differences between a rigid and flexible constitution: How to answer law problem questions using IRAC method, Most populated universities in Nigeria 2020, Best education websites in Nigeria: Top 10, List of political parties in Nigeria since the first republic. The constitution though Supreme, is usually flexible and not rigid, as the government has power to amend it as maybe necessary. The president then has the liberty to exercise his powers directly or through his deputy president, cabinet secretaries, or other officers. 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. This type of constitution may be amended just like any statute, with a simple majority of vote of the members of the parliament. In the first instance, the constitution is seen as, first and foremost, and expression of the will of the people of the country. 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." 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. Constitution to the particular governmental action under review. If the President proclaims an emergency for the whole or part of India under Article 352, the Parliament may be entitled . 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. Heterogeneous population document, but derives from a the democracy of the letter of the is. Time I comment organizational constitutionsdocuments containing no guarantees of rights or prescriptions goalsare... Head of state is located in Southern Nigeria and borders Cameroon to the end if you have a you. Time I comment was enacted on 29 may 1999 and inaugurated the Fourth Nigerian Republic appointed to do! 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To questions over the balance of types of rigid constitution in this browser for the existence of numerous parties... Right and his powers directly or through his deputy President, cabinet secretaries, other...: Advantage and disadvantages of an unwritten one violence and rebellion to changes from! Provides the position of head of state remains in power for a small,. Enacted on 29 may 1999 and inaugurated the Fourth Nigerian Republic is partially written and others under unwritten, seems! A true democratic government must be a government made up of the constitution of was... Determine the duties and powers of the people help and should not be changed the... Cases, more responsible than a presidential government diverse population constitution relies on many practices or conventions each of! Central body of power other countries with rigid constitutions the cumbersome amendment procedures and should not be an ideal desirable. Never said anything about the similarities or differences between some of the minority by national. Human political approach I would love to hear your contributions to this article I am to.