The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary laws of the land. MUST READ: Are Lawyers liars? 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. It must also be a government formed and installed by the people. Secondly, it can be seen as a social contract between the government as an entity and the people on the one hand. Like common law and customary law, an unwritten constitution grows from many years of practical experience and from the political way of the people. Thus, the commerce and due process clauses of the U.S. Constitution do not have the same legal implications today as they did in the 19th century. It results in flexibility since the prime minister can be easily ousted from power. Do you ever run into any web browser compatibility issues? The others are classifications of constitutions not types because you may find that some may be categorized under written and others under unwritten. Such systems seem to work best in small nations and communities. Tell me what you think about the differences between a rigid and flexible constitution highlighted here. 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. 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. Register or login to make commenting easier. It protects the peoples rights through law and order. 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. Fundamental Rights 10. Although courts may always review governmental action to guard against the arbitrary or unreasonable, the starting point must be a presumption . CONSTITUTION Article 8 Sovereignty of the people 1. On the other hand, a rigid constitution is a type of constitution, which has a cumbersome or long amendment procedures. There are different types of constitutions under the monarchical setup. A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. Synthesis of Parliamentary Sovereignty and Judicial Supremacy 7. However, a written constitution is not always rigid, but may be flexible and easy to amend. This type of constitution may be amended just like any statute, with a simple majority of vote of the members of the parliament. It allays the fear of ethnic domination by majority people in multi-ethnic country like Nigeria because guarantees, such as the fundamental human rights, federal character and so forth, which have been enshrined in the constitution for the protection of the minorities, cannot be easily amended and thrown away to their detriment. The states name is derived from the Cross River that runs through it. I have discussed What is difference between Rigid and Flexible Constitution? A true democratic government must be a government made up of the generality or representatives of the people. Those that are flexible allow any of the rules of the constitution to be modified through the simple procedure by which ordinary statutes are enacted. The first nature of the constitution is consider as the expression of the democracy of the country. To understand a Monarchical constitution, you must understand that a monarchy is a government lead by a King, Queen, or Emperor. 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. Written and Unwritten constitution. A rigid constitution allows for careful consideration before any amendment is made to the constitution. Constitution., The first Supreme Court was established by the: a. It is formulated and adopted by a constituent assembly or a council or a legislature. From what we have discussed above, i strongly believe that you know understand what a constitution is and you you can explain the types of constitution to anyone. It is unlike a rigid constitution. The rigid constitution contributes to political stability. try, Your email address will not be published. A rigid constitution is likely to fail to cope with time and environment. 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. To a certain extent interpretation inevitably involves adaptation of the letter of the law to societal changes. MUST READ: Highest paying law firms in Nigeria 2020. In this article I will clearly highlight the basic differences between a rigid and flexible constitution. A Constitution refers to a system of laws and principles that act as a basis for governance in a country. On the basis of the amendment procedure (procedure for making changes to the Constitution), a constitution can be classified into rigid and flexible. Fantastic Nikola Tesla quotes for every occasion, All you need to know about the functions of government. These kinds have two different ways in which the constitution can be understand. Im really loving the theme/design of your weblog. This constitution reserved effective power in the hands of the Governor-General and his appointed Executive Council. ALSO READ: How to become a successful lawyer: 7 Important Qualities. It protects the rights of the minority through judicial systems. However, she never said anything about the similarities or differences between some of the types of constitutions and that was a big problem. Written Constitution: A written constitution refers to when the whole body of fundamental law, customs, . suggestions: could you please provide case laws, statutes, legal authorities and principles or countries constitutions on the various types of constitutions. To understand the Monarchical Constitution, you must understand that the monarchy is a government govern by a King, Queen, or Emperor. The procedure for amending a flexible constitution is not cumbersome, long expensive, time or energy consuming. 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. A rigid constitution is one that cannot be easily . This type of constitution can easily be tempered with and may change easily. Rigid Constitutionis aconstitutionwhich stands above the other laws of the country, while flexible constitutions do not. RIGID CONSTITUTION: Rigid constitutions are those, which require a special procedure for the amendment. 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. This type of constitution is partially written and partially oral. Trust me; this is the major advantage of a written constitution. It is not in one document, but can be found in various sources, such as statutes, conventions and judicial decisions. This can result in improved national unity. Required fields are marked *. Rigid Constitution: The Rigid Constitution is one which cannot be easily amended. Such constitutions are written with the combined knowledge and experience of learned people, resulting in improved efficiency. Now! Here are the main advantages and disadvantages of a federal constitution. An uwritten constitution is a type of constitution that is not contained in one single document. The UK's constitution is unwritten as it hails from no single written document, but derives from a . Last but not the least the other type of Constitution is Rigid & Flexible Constitution, the best example of rigid Constitution is USA constitution and that's why it is very difficult to amend the US constitution. Nevertheless, the provisions of the Swiss constitution have been changed repeatedly on many important points. 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. The law provides for the existence of numerous political parties. 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 . I enjoin you to seat calmly and read this work so that you will be able to grasp everything I will discuss here. We literally have two types of constitutions and they are written and unwritten constitutions. Such a constitution grows from years of experience and the political behaviour of people. . Written Constitution: . Skinner v. As with other different aspects that define nations, there are various types of constitutions in different parts of the world. This contract as laid down in the form of a fully written, or partly written form usually provides that; the people must not be ruled by a government, except with the consent of the people. Blend of Rigidity and Flexibility 4. In a federal system, a person can compare political, social, and economic systems in different states and relocate to one they find more suitable. Democracies tend to be more accountable to the people. The written constitution can be of three types rigid, flexible or the combination thereof. This system works great for extremely large countries such as the USA and Australia. It is necessary to take quick decisions to deal with such emergencies. 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 constitution. A unitary constitution provides for government power to be vested in a single central government. It ensure political stability of the country because, no section can single handedly amend the constitution to its own favour. 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. It can result in an irresponsible executive. 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 ordinary person cannot refer to any particular document to understand governance. A flexible constitution is one that can be easily changed or amended without the need for a cumbersome process. Kindly take note of this. Like common law and customary law, an unwritten constitution grows from many years of practical experience and through human political approach. This happens because all resources have to be mobilized by the national government. At times, the country might find itself with a highly unqualified legislature. Please clarify this, I am really much obliged comrade for the information rendered about the types of constitutions but my colleague seems to be right. In addition, this system recognizes a citizens right to exit a state. 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. He is the head of government and the head of the majority party, but not the head of state. The law makes it easier to make decisions since the people can supervise government at different levels. This results from a phenomenon known as race-to-the-bottom in which states compete to attract investments by lowering taxes. 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. It, therefore, leaves room for possible changes. A Constitution that has been systematically and meticulously written down and embodied in a single document is known as a Written Constitution. Since the monarch is not a politician, they can remain neutral on matters that otherwise cause divisions. Countries where this type of constitution is being practice, the head of state who conducts ceremonial events only. ALSO READ: Differences between a federal and unitary system of government. A codified constitution is a constitution that is contained in a single document, which is the single source of constitutional law in a state. See the truth as to whether lawyers are liars or not. While India is a blend of rigid and flexible constitution. Not all monarchs are competent leaders. Register or login to receive notifications when there's a reply to your comment or update on this information. The Constitution of Nigeria is the written supreme law of the Federal Republic of Nigeria. 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). Rule Of Law 8. Your email address will not be published. The British Constitution is an excellent example of an unwritten constitution. The process of amending a rigid constitution is different from the process of enacting and amending the common laws of the land. Subscribe my Channel: https://www.youtube.com/channel/UCqKvfWhZpdrCA1C51RShQnA . Even though I understood the meaning of all the types of constitution she thought, I was unable to differentiate between them. Your email address will not be published. in or register, 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 . In those days, my political science teacher used to take her time to explain everything to the class. Here is a look at the different types of constitutions that exist in various nations worldwide. Unless specified, this website is not in any way affiliated with any of the institutions featured. 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. An unwritten constitution is not contained in a single document and can exist partly in word and partly in writing. This is a lesson from the tutorial, Constitutions and you are encouraged to log Most times, democracies turn into competitions for power play, completely disregarding morality. 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. More-recent written constitutions are generally longer and encompass a wider range of rights accorded to citizens. A flexible constitution is a constitution which can easily be amended or changed without a cumbersome procedure. 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. Instead of a 50% + 1 majority, a 2/3, 3/5 or 3/4 majority is required. This makes it easier to adapt the laws to the peoples or countrys changing needs. Rigidity lends legitimacy to the constitution. This is one of the major criticisms of a flexible constitution. In other words, the concept of constitution is basically for the best interest of the people first. On the other hand, a monarchical one provides for a government led by an emperor, king, or queen. This will go a long way to help you understand the differences as we continue. The word democracy is derived from a combination of two Greek words Demos meaning people, and kratia meaning rule or government. Top 5 causes of the current religious crisis in Nigeria and possible solutions. The distinction between unitary and federal states, Judicial review outside the United States. 6. This may encourage the rise of dictatorship, as a person, or a cabal with dictatorial propensity may amend it to advance such desires. Under a unitary system, most people look up to the government to initiate and implement development initiatives, a fact that could stifle local initiatives. Here are the main advantages and disadvantages of an unwritten constitution. In a unitary constitution, all the powers of government are in center, as it is the only source of authority from which power flows. There you have the major differences between a rigid and flexible constitution. Merely organizational constitutionsdocuments containing no guarantees of rights or prescriptions of goalsare now rare. This kind of constitution can amend like any other law, by a simple vote of the members of parliament. process. In this type, the constitution may be written or mainly based on agreements. CZAR NICHOLAS II of Russia, EMPEROR HAILE SELASSIE OF Ethiopia and King Reza Palavi, Shah of Iran, were examples of absolute rulers. First, at the very core of the Framers' Constitution is the recognition that, in a self-governing society, courts must generally defer to the preferences of the majority. 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. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. On the other hand, a federal system of government is an association of free states where power is constitutionally shared to the federal, state and local councils, and with each tier of government exercising its constitutionally assigned powers and functions. If our SA president can spread conspiracies and provoke other nations on Twitter,which section of the constitution would he had violated? Supremacy of Constitution: The central and state governments must obey the constitution. This exposes the constitution to judicial intervention. A written constitution is rigid and hence will be more stabie 5. will. It is not a substitute for professional advice or help and should not be relied on to make decisions of any kind. Constitution to the particular governmental action under review. 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. For amending it, the legislature has to pass an amendment bill by a specific, usually big, majority of 2/3rd or 3/4th. When the amendment procedure is too simple, the laws can be overly influenced by popular passion. 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. A rigid constitution protects minority peoples and other disadvantaged groups. Federal System with Unitary Bias 5. In contrast, the federal constitution provides different structure of government in national, state and local councils. A rigid constitution protects the fundamental rights of the individual. This article is licensed under a CC BY-NC-SA 4.0 license. In contrast, a flexible constitution is one in which the legislature may amended the constitutions content and principles through use of the ordinary legislative process. 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. Classification of constitution Written and unwritten constitution Rigid and flexible constitution 1. what are the different sources of constitution, what are the different source of constitution, Presidential and Parliamentary Constitution. Here are the main advantages and disadvantages of a democratic constitution. It does not allay the fear of ethnic domination of the minority by the majority people or religion in a multi-ethnic country. In addition, as ensured by the First Amendment, all American citizens are free to petition . Democracy, therefore, loosely translates to the peoples rule. 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Known as race-to-the-bottom in which the constitution may be amended just like any law! Classifications of constitutions between them that a monarchy is a look at different! Emperor, King, Queen, or Emperor of learned people types of rigid constitution resulting in improved.... A wider range of rights accorded to citizens religion in a single central government of that! The major advantage of a written constitution above the other hand, a democratic constitution and oral. Take her time to explain everything to the peoples rule unless specified, this works! Established by the first nature of the members of parliament way to you! Energy consuming will be able to grasp everything I will discuss here is not a politician, they remain... Document is known as race-to-the-bottom in which the constitution, usually big, majority of of... In any way affiliated with any of the people can supervise government at different levels, types of rigid constitution works. 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