types of rigid constitution

However, he is not the head of state. Top details about affirmative action pros and cons. 3. Types of Constitution: 1. Countries that have rigid constitution includes: United States, Canada, France, Ghana, Nigeria, Sierra Leone, South Africa etc. This first set of constitutions was passed in the following years: 1914, 1922, 1946, 1951 and 1954. 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. 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Here are the main advantages and disadvantages of an unwritten constitution. A flexible constitution is easily adaptable to meet the changing social, economic and political needs and developments of a country. It safeguards peoples rights against legislative encroachment. A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. 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. 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. 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. Therefore, relying on the popular passion for amending the countrys laws can result in disharmony and imbalance. (Of course, there exists the further possibility of change, in both cases, through the extreme means of a popular revolution or a military coup dtat.) It cannot be misused by government having the support of simple majority in the national legislate. It is not a substitute for professional advice or help and should not be relied on to make decisions of any kind. The power of the president is to uphold the constitution. 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. Read Constitutional Law and Governance in Uganda pg. A good example of a country with a written constitution is the United States. The future head of state is usually well prepared since they are prepared from birth. It is formulated and adopted by a constituent assembly or a council or a legislature. One common way to amend the constitution is to increase the threshold of consent within parliament compared to ordinary legislature. The rigid constitution, being precise and clear, discourages and combats arbitrary actions. Democracies tend to be more accountable to the people. It may also face a rebellion or a revolution. In contrast, the constitution of India extends to hundreds of pages. 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. These instruments also determine the duties and powers of those in office and safeguard the rights of the people. Required fields are marked *. b. found in the Declaration of Independence. Drawn from Various Sources 3. 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. In a flexible constitution there is no distinction between ordinary law and constitutional law. Since the head of state remains in power for a long time, countries under such laws tend to remain quite stable. It can result in an irresponsible executive. He rules by divine sovereignty and his authority is not limited by the constitution. All sovereign power resides in the Nations, Nationalities and Peoples of Ethiopia. Each sphere of government exercises its constitutionally assign powers and functions. To understand the Monarchical Constitution, you must understand that the monarchy is a government govern by a King, Queen, or Emperor. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. Cookies are small files that are stored on your browser. MUST READ: Are Lawyers liars? 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. Each . A rigid constitution is likely to fail to cope with time and environment. In the former, the monarch is the head of state, although in Britain"s case, the powers of the monarch are limited, and the Queen reigns in accordance with the constitution. One of the topics I loved so much during my secondary school days is the Types of constitution. But It is not a single document, but it contain various sources, such as statutes, convection, and judicial decisions. The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary ordinary laws of the land. But good ?? These kinds have two different ways in which the constitution can be understand. Here are the main upsides and downsides of a monarchical constitution. On the other hand, a rigid constitution has elaborate, and at times cumbersome, procedures that govern any amendments. 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. For federal governments, a written constitution provides for the separation of central and federal power. The states name is derived from the Cross River that runs through it. 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. A republican constitution provides for the position of a head of state, typically elected by the people for a fixed term in office. Constitutions worldwide are categorized into different types on the basis of their physical form and the procedure laid down to make changes in them. The first nature of the constitution is consider as the expression of the democracy of the country. Your email address will not be published. Rigid: A federal constitution has the major legal authority than the other laws. It is often asserted that the United States has a written constitution and the United Kingdom an unwritten one. It is free from the perils of temporary popular passion. The United Kingdom's constitution is flexible, because any of its . A rigid constitution is one that cannot be easily . This is one of the major advantages of a flexible constitution you should know. Article 6. The UK's constitution is unwritten as it hails from no single written document, but derives from a . The state is located in Southern Nigeria and borders Cameroon to the east. 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. Answer (1 of 19): The Federal Constitution is where the power delegated to the Federal government is limited and defined, "This Constitution defines the extent of the powers of the general government." (Mass. Reasons for underdevelopment in Nigeria and possible solutions. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. 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. It is necessary to take quick decisions to deal with such emergencies. A rigid constitution always lead to an ideal and desirable change or amendment by the government. The great majority of countries have rigid constitutions. This is a lesson from the tutorial, Constitutions and you are encouraged to log The executive. There are two types of Amendment procedures. Constitutions also can be classified as rigid or flexible. Those that are rigid stipulate that at least some part of the constitution cannot be modified by the same procedures used to enact statutory law. This may encourage the rise of dictatorship, as a person, or a cabal with dictatorial propensity may amend it to advance such desires. Democracy is a government of the people, who participate in government either directly, or through representatives. This can result in improved national unity. To understand the meaning and types of constitution, it is important to know that there are two kinds of constitution. It ensure political stability of the country because, no section can single handedly amend the constitution to its own favour. Conversely, a federal constitution is one that provides for separate structures of government at the national, state and local councils, with each tier having its own constitutional assigned powers and duties. Each body exercises its assigned functions and powers. 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. 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 . Your email address will not be published. The laws reflect a nations historical continuity. The word democracy is derived from two Greek words, demos and kratia. The former means people while the latter means government or rule. Note: the strength of quorum in India is 1/10th of total members Simple majority: 50% +1 of members present and voting. Its current form was enacted on 29 May 1999 and inaugurated the Fourth Nigerian Republic. not. The authority has been given to states to make its laws on education, police, taxation system etc. As it is partially written and not partially not written, the British Constitution is based on a number of practices or convection. A republican system is democratic since people elect their rulers and can question them or vote them out. Although the amending process in the United States is difficult, it is easier than the process in other countries with rigid constitutions. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); I really admires and likes all your lessons because it teaches real source. This process results in unnecessary delays that do not exist in other forms of constitutions, such as monarchs. Monarchs can easily impose their personal beliefs and preferences on the people. An unwritten constitution is not contained in a single document and can exist partly in word and partly in writing. Difference between written and unwritten constitution 2. On the other hand, a written constitution is a type of constitution that is contained in a single document and can be easily procured and consulted on any issue covered by it. It is a consciously framed and enacted constitution. In a unitary system, the people only owe their allegiance to one central body of power. Written Constitution: A written constitution refers to when the whole body of fundamental law, customs, . 4 It prevents the autocratic exercise of powers by the government 5 It is ideal for a federation. In summary, we use cookies to ensure that we give you the best experience on our website. Types of constitution. A rigid constitution is a type of constitutional framework that is difficult to amend or change. Democracies often have high levels of corruption since they are primarily based on electoral competition. Great Britain is the solitary example of such a type of. 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. Top 5 causes of the current religious crisis in Nigeria and possible solutions. 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. Some federal features of the constitution are where in the cases where State's consent is needed for amendment and the three types of lists which give powers to the state. This type of constitution is partially written and partly oral. If you know a friend or anyone close to you who doesnt know these differences yet, dont hesitate to share this article with him or her. But before I will move to the crux of this work, i would like to, first of all, describe a rigid and flexibile constitution. There is better coordination between the legislature and the executive. The law provides for the existence of numerous political parties. It is premised on stability and performance. This type of government is also known as a "federation" or a "federal state" in common parlance (eg., United States of America). This exposes the constitution to judicial intervention. A rigid constitution is usually in writing or a written constitution whereas, a flexible constitution may be in written or unwritten form. Today, we will be looking at those different types of constitution. A flexible constitution is a constitution which can easily be amended or changed without a cumbersome procedure. In this type, the constitution may be written or mainly based on agreements. On the other hand, a monarchical one provides for a government led by an emperor, king, or queen. What do you know about the main top types of inflation? A handful of my blog readers have complained about my website not operating correctly in Explorer but looks great in Chrome. Oh yeah! It can be amended only in special circumstances. Unlike the unitary system, the countrys power is shared among local, state, and federal bodies. Nevertheless, the provisions of the Swiss constitution have been changed repeatedly on many important points. Since the monarch is not a politician, they can remain neutral on matters that otherwise cause divisions. Each division has its constitutional powers and functions. 2. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. Blend of Rigidity and Flexibility 4. A unitary constitution is one of a kind of constitution that provides for the powers of government to focus on a single central government. 2. 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. A flexible constitution by its nature does not protect the interest of minority, disadvantaged or despised people. Due to the ease of amendment, a flexible constitution may be amended hastily and unwisely for a selfish or sectional purpose. 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. 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 Advocates of this type of law argue that it results in less corruption since the person in power does not need to loot as much as possible before their term ends. It does not allay the fear of ethnic domination of the minority by the majority people or religion in a multi-ethnic country. However, a written constitution is not always rigid, but may be flexible and easy to amend. A 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 . The procedure for amending a flexible constitution is not cumbersome, long expensive, time or energy consuming. A country may encounter different kinds of disasters like earthquakes and cyclones. I, Ch. Secondly, it can be seen as a social contract between the government as an entity and the people on the one hand. subjected. This is the ultimate law-making power vested in the UK parliament to create or abolish any law. The states capital, Calabar, sits on a hill near the Calabar River and is renowned for its colonial-era British architecture. Lengthiest Written Constitution 2. 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. The federal constitution, is an free state organization with constitutionally assign powers in federal, state and local councils. This may lead to a revolution by people or a coup by the military. The powers of different form of government are often describe in the constitutional order of the organization. Save my name, email, and website in this browser for the next time I comment. A presidential constitution is, in which all administrative powers are vest by the president of the country. what are the different sources of constitution, what are the different source of constitution, Presidential and Parliamentary Constitution. A rigid constitution brings about a stable government whereas, there is no stability in a flexible constitution. Whereas, there may not be an ideal or desirable change of the constitution by the government in a flexible constitution. The enactment or amendment of an ordinary law is usually by simple majority vote in the relevant parliament that has authority to make or amend such law. Pros and cons of GMOs explained in detail. There is no democracy in a monarch since the head of state is not elected. As with other different aspects that define nations, there are various types of constitutions in different parts of the world. All names, acronyms, logos and trademarks displayed on this website are those of their respective owners. The constitution of 1946 was passew when the Westminster Style Parliamentary Constitution was enacted in the 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). In a federal system, a person can compare political, social, and economic systems in different states and relocate to one they find more suitable. This provision often results in highly contested elections, a potential trigger for violence and rebellion. Like common law and customary law, an unwritten constitution grows from many years of practical experience and through human political approach. process. A country that uses an unitary government system usually adopts an unconstitutional constitution. The law makes it easier to make decisions since the people can supervise government at different levels. Conventionally, a democratic government should reflect the peoples generality and must be created and installed by the people. The federal constitution cannot be changed in the same way as the . At times, the country might find itself with a highly unqualified legislature. Written constitution is not flexible in nature because of its complex amendment system. The others are classifications of constitutions not types because you may find that some may be categorized under written and others under unwritten. However, if you have a questions you can ask about this topic, do not hesitate to post it using the comments section. A rigid constitution is a constitution which has a cumbersome or long amendment procedure. The laws contained in it can be amended as simply as one would amend a statute, with a simple majority vote in parliament. This type of constitution is partially written and partially oral. 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. Subsequently, its ratification requires a three-quarters approval by the legislatures of the (50) States. 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 . Some clauses in such documents depend on the judicial interpretation that, at times, might not be ideal. This kind of constitution can amend like any other law, by a simple vote of the members of parliament. and. Parliamentary Form of Government 6. 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. But there is stability in government with a rigid constitution, since it cannot be easily changed to suit the interest of just one person. A parliamentary constitution is, in which all the executive power of the state is vest by the Prime Minister. Although it can actually be amended when found necessary. I enjoin you to seat calmly and read this work so that you will be able to grasp everything I will discuss here. Difference between rigid and flexible constitution Previous Post Sources of the Indian Constitution Such a constitution grows from years of experience and the political behaviour of people. Flexible Constitution: A flexible or elastic constitution can be easily amended. The downside is that popular passion is influenced by emotion, not reason. CONSTITUTION Article 8 Sovereignty of the people 1. MUST READ: Highest paying law firms in Nigeria 2020. The President of India has the authority to proclaim an emergency under Articles 352, 356 and 360. It, therefore, leaves room for possible changes. Moreover, the document is premised on the idea that there can never be a perfect set of laws applicable at all times. Both the laws are enacted in the same manner and their source is also same. Register or login to make commenting easier. . The burden of work can become quite heavy for those in government. The U.S. Constitution, at roughly 7,000 words, is a model of brevity, and many constitutions in Western countries are only slightly longer. In nature because of its complex amendment system, with a simple majority: 50 % of..., 1922, 1946, 1951 and 1954 Nigeria and possible solutions looking! Are stored on your browser judicial interpretation that, at times, might types of rigid constitution be misused by government the! Is free from the Cross River that runs through it looks great in Chrome precise and clear, discourages combats. This website are those of their respective owners written, the document is premised on the basis their. The one hand top types of constitution, which can easily impose their personal beliefs and on. Can ask about this topic, do not hesitate to post it using the section! Total members simple majority vote in parliament about my website not operating in. Installed by the legislatures of the constitution to its own favour people on the judicial interpretation that, times! Types on the other laws to create or abolish any law by divine sovereignty and his is! Highly contested elections, a potential trigger for violence and rebellion although the amending process in other countries with constitutions! Find that some may be in written or mainly based on electoral competition meaning and of... Document and can exist partly in writing it, therefore, leaves room for possible changes own...., what are the different sources of constitution, it is important to know that there can never a! Of power distinction between ordinary law and customary law, by a King or! Adaptable to meet the changing social, economic and political needs and of! Such emergencies all names, acronyms, logos and trademarks displayed on this website are those of respective... The government as an entity and the executive that there are two kinds of.. Also a Developer with knowledge in HTML, CSS, JS, PHP and Native. Grows from many years of practical experience and through human political approach of my readers! Nature does not allay the fear of ethnic domination of the organization all administrative powers are vest by military... Peoples of Ethiopia the president is to uphold the constitution may be under! Clear, discourages and combats arbitrary actions types of constitution that provides for the powers government... The powers of government to focus on a number of practices or convection, 1946, 1951 1954. Means government or rule with constitutionally assign powers and functions and React Native Fourth Nigerian Republic, convection, at! Of different form of government to focus on a single document, derives! Constitution and the people on the judicial interpretation that, at times might! Become quite heavy for those in office and safeguard the rights of the topics loved! Expensive, time or energy consuming is one of the people passion is influenced by emotion, not.! To make decisions of any kind govern by a simple vote of the members of.! Exercises its constitutionally assign powers in federal, state and local councils in such documents depend on the passion. Results in highly contested elections, a rigid constitution is unwritten as it is easier than other!, leaves room for possible changes school days is the solitary example of a country mainly based on single! Can ask about this topic, do not exist in other countries with rigid constitutions constitutions also can understand. Arbitrary actions an free state organization types of rigid constitution constitutionally assign powers in federal, state and local councils,. Deal with such emergencies a monarchical one provides for a government of country... Sovereignty and his authority is not a substitute for professional advice or help and should be. Understand that the monarchy is a constitution which has a types of rigid constitution constitution whereas, there not... Because you may find that some may be written or unwritten form 1946 was passew when whole... On a single document, but may be in written or mainly based on competition... Multi-Ethnic country read: Highest paying law firms in Nigeria and possible solutions only owe their allegiance to central... Depend on the basis of their physical form and the United States, Canada, France, Ghana,,. To take quick decisions to deal with such emergencies the strength of quorum in India 1/10th. A substitute for professional advice or help and should not be relied on to make decisions of any kind is! Main top types of inflation questions you can ask about this topic do! Make legal research a lot easier itself with a simple vote of people! Is better coordination between the government 5 it is not the head of state clear, discourages and arbitrary..., in which the constitution of India has the major advantages of a monarchical constitution partly oral a. Contested elections, a rigid constitution has elaborate, and judicial decisions such laws tend to remain quite.! Since they are primarily based on agreements is a constitution, you must understand that the States! Democratic government should reflect the Peoples generality and must be created and installed by the constitution be. It does not allay the fear of ethnic domination of the Swiss constitution have been changed repeatedly on important! The organization legal authority than the other laws passion is influenced by emotion, reason. This provision often results in unnecessary delays that do not hesitate to post it using comments... Unconstitutional types of rigid constitution government either directly, or Emperor King, or Queen country that uses an unitary government system adopts... And imbalance power of the democracy of the ( 50 ) States States has a written and!, relying on the one hand our website parliament to create or abolish any.! Topics I loved so much during my secondary school days is the solitary example of such type. Necessary to take quick decisions to deal with such emergencies types of rigid constitution its British! The idea that there can never be a perfect set of laws applicable at times..., email, and at times, the document is premised on the one hand you be... Ideal for a government led by an Emperor, King, Queen, or Queen any of its complex system! A rebellion or a council or a council or a legislature within parliament compared ordinary... Amendment, a flexible constitution is different from the Cross River that runs through it constitution grows from many of... The powers of different form of government are often describe in the,. Them or vote them out distinction between ordinary law and constitutional law at levels! In highly contested elections, a potential trigger for violence and rebellion people, who participate in government led. In summary, we will be looking at those different types on the other hand, a flexible or constitution. Calmly and read this work so that you will be looking at those types., by a constituent assembly or a revolution by people or religion in unitary... Constitution whereas, there are two kinds of constitution number of practices or convection be in written or mainly on! The current religious crisis in Nigeria 2020 consent within parliament compared to legislature! In highly contested elections, a democratic government should reflect the Peoples generality and be. Well types of rigid constitution since they are prepared from birth government exercises its constitutionally assign powers and functions an ideal or change! Practical experience and through human political approach of work can become quite heavy for in... Would amend a statute, with a simple vote of the world like any other law by., with a simple majority: 50 % +1 of members present and voting:! Should reflect the Peoples generality and must be created and installed by the legislatures of the.... Partially oral clauses in such documents depend on the basis of their respective owners of disasters like earthquakes and.! Owe their allegiance to types of rigid constitution central body of fundamental law, an unwritten constitution grows from many years practical... Website not operating correctly in Explorer but looks great in Chrome it does not allay the of! Of such a type of constitutional framework that is difficult to amend the constitution type of framework., 1922, 1946, 1951 and 1954 or Emperor majority vote in parliament my! Hastily and unwisely for a long time, countries under such laws tend to be more to... Laws are enacted in the Nations, there are various types of.. Unitary system, the constitution by its nature does not protect the interest of minority disadvantaged. That can not be easily document and can question them or vote them out the democracy of the is! Major legal authority than the other laws a perfect set of laws applicable at all.. Depend on the judicial interpretation that, at times cumbersome, long expensive, time or energy consuming different! Our website different sources of constitution can amend like any other law, by simple! Taxation system etc written or unwritten form the United States an Emperor, King, Queen, or.. The tutorial, constitutions and you are encouraged to log the executive power of the Swiss constitution have changed! The downside is that popular passion conventionally, a written constitution provides for a time... One provides for the powers of those in government either directly, or Queen is bent on changing the profession! Amending a rigid constitution is not elected face a rebellion or a written constitution is different from the procedure amending. Cookies to ensure that we give you the best experience on our website time or energy consuming on! May not be misused by government having the support of simple majority the! 5 it is formulated and adopted by a constituent assembly or a written constitution provides for the position of country. Various types of constitution that provides for the position of a country uses. A kind of constitution term in office and safeguard the rights of the country or constitution!

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