Lachesis: For amending it, the legislature has to pass an amendment bill by a specific, usually big, majority of 2/3rd or 3/4th. One of the topics I loved so much during my secondary school days is the Types of constitution. Kinds Rigid or inelastic Flexible or elastic. As it is partially written and not partially not written, the British Constitution is based on a number of practices or convection. Whereas, there may not be an ideal or desirable change of the constitution by the government in a flexible constitution. Due to the ease of amendment, a flexible constitution may be amended hastily and unwisely for a selfish or sectional purpose. A presidential constitution is, in which all administrative powers are vest by the president of the country. A flexible constitution just like an unwritten and unitary constitution, is wholly suitable for a multi-ethnic, multi-religious or heterogeneous population. Notify me of follow-up comments by email. 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. Types of Constitution: 1. Evolved and enacted constitutions. DISCLAIMER: This article is intended for general informational purposes only and does not address individual circumstances. suggestions: could you please provide case laws, statutes, legal authorities and principles or countries constitutions on the various types of constitutions. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. 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. 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). This constitution reserved effective power in the hands of the Governor-General and his appointed Executive Council. 1. A flexible constitution is one that can be easily changed or amended without the need for a cumbersome process. The laws contained in it can be amended as simply as one would amend a statute, with a simple majority vote in parliament. A written constitution is usually rigid in nature because of its cumbersome mode of amendment. So, there is a different procedure that has to be followed to amend or change any provision of the flexible constitution and the procedure is much lengthy and hard than the procedure followed in amending . On the other hand, a federal one provides for an association of states in which power is shared. Written Constitution: A written constitution refers to when the whole body of fundamental law, customs, . The enactment or amendment of common law is usually made by a simple majority of the votes in the relevant parliament which has the power to make or amend that law. Nonetheless, I will still give you a comprehensive explanation of the differences between flexible and rigid constitution as we continue. In those days, my political science teacher used to take her time to explain everything to the class. Your email address will not be published. To a certain extent interpretation inevitably involves adaptation of the letter of the law to societal changes. The state is located in Southern Nigeria and borders Cameroon to the east. by Arvind Kumar, Preserve Articles. Constitutions are widely classified into two categories, firstly written and unwritten ; and secondly, rigid and flexible. A flexible constitution may be amended just like any statute with a simple majority of votes of the members of the parliament. 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. A republican constitution is representative since leaders are elected through the will of the people. What is a written constitution? Parliamentary sovereignty is commonly regarded as the defining principle of the British Constitution. Written and unwritten constitutions. So, here Im going to drop my pen for this article. For passing or amending an ordinary law, the . Democracy, therefore, loosely translates to the peoples rule. Fundamental Rights 10. In a flexible constitution there is no distinction between ordinary law and constitutional law. Chapter I, Part II of the Nigerian Constitution clearly divides these powers among the three branches of government: The legislature. A Constitution refers to a system of laws and principles that act as a basis for governance in a country. Supremacy of Constitution: The central and state governments must obey the constitution. be. Here are the main ups and downs of a rigid 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. This type of constitution is partially written and partly oral. That is, a government with a heterogeneous population. Unitary systems can easily evolve into dictatorships. A flexible construction does not ensure political stability as a ruler, cabal or majority can amend the constitution to favour its interest. Because the political values felt to be supreme by the dominant forces in a community have ultimate controlling influence, some European continental scholars have been prompted to call them the material constitution, at any given historical moment, of that community. In other words, the concept of a constitution is to provide facility people. Here are the main pros and cons of a parliamentary constitution. However, most times a flexible constitution is written and it is usually in the form of a unitary constitution. Such systems seem to work best in small nations and communities. 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. 6. Its method of amendment is difficult. A rigid constitution brings about a stable government whereas, there is no stability in a flexible constitution. 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 . Are Lawyers liars? It is not a substitute for professional advice or help and should not be relied on to make decisions of any kind. It is unsuitable for a country premised on a federal system. Therefore, the people have little to no say on matters of whoever governs the country. But before I will move to the crux of this work, i would like to, first of all, describe a rigid and flexibile constitution. Pros and cons of GMOs explained in detail. The president has sweeping powers, a factor that may give rise to patronage when they appoint their close friends to powerful positions. This point has already been explained in the advantages and disadvantages stated above. Only under rigid constitutions is it possible to establish institutional controls to ensure the conformity of legislation with the principles considered indispensable for the well-being of the community. For example, theConstitution of Australia is rigid, while theBritish Constitutionand theIsraeli Constitutionare flexible. The judiciary tends to overplay its role in a country governed by an unwritten law. Uncodified and codified are they among types of constitution, Pls provide case laws and authorities backing this types of constitution. Save my name, email, and website in this browser for the next time I comment. MUST READ: Are Lawyers liars? In summary, we use cookies to ensure that we give you the best experience on our website. He may be the king, president, chief, the emblem of the state and the Father or mother of the nation. If our SA president can spread conspiracies and provoke other nations on Twitter,which section of the constitution would he had violated? what are the differences between rigid and flexible Constitution. There is less influence from the party system. Monarchs can easily impose their personal beliefs and preferences on the people. The democratic constitution provides for the peoples participation in government either directly or through elected representatives. This happens because all resources have to be mobilized by the national government. What types of constitutions exist and what defines them? Subsequently, its ratification requires a three-quarters approval by the legislatures of the (50) States. KINDS OF CONSTITUTION Rigid or Inelastic Constitution One regarded as a document of "special sanctity" which cannot be modified in the same manner as other laws except by some special machinery, more burdensome than the ordinary legislative process. Most times, democracies turn into competitions for power play, completely disregarding morality. It, therefore, leaves room for possible changes. A true democratic government must be a government made up of the generality or representatives of the people. It helps to ensure that amendment that is made to the constitution will be duly deliberated before it is made. A rigid constitution allows for careful consideration before any amendment is made to the constitution. 114-142 by Prof. G. W. Kanyeihamba ([emailprotected]). This could end up being done to satisfy the needs of those in power, completely disregarding the minorities. Rule Of Law 8. Continue With the Mobile App | Available on Google Play. The Constitution of Nigeria is the written supreme law of the Federal Republic of Nigeria. This continuity has been ensured by a broad consensus between the crown, political leaders, and citizens that such principles are crucial to the countrys constitutionnot by the existence of any institutional obstacles to changing them. Written Constitution: . 24. 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. On the other hand, a parliamentary constitution is a type of constitution where all the executive powers of the government are vested in a Prime Minister, who is the head of government and the head of the majority party, but is not the head of state. They are always supplemented, to varying degrees, by statutes, judicial doctrines interpreting the constitution, intergovernmental practices, and nongovernmental institutions (such as political parties) and their practices. This Constitution is an expression of their sovereignty. Bills passed by the countrys legislative arm need to undergo numerous processes before becoming law. This answer has two elements. The UK's constitution is unwritten as it hails from no single written document, but derives from a . Following ar the types of constitutions: Written and unwritten constitutions; Rigid and flexible constitutions It is a consciously framed and enacted constitution. The future head of state is usually well prepared since they are prepared from birth. ABSOLUTE MONARCH :- In Monarchal constitution, the king have absolute power and is a perfect ruler. I will be glad to hear from you! He rules by divine sovereignty and his authority is not limited by the constitution. 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. In the first instance, the constitution is seen as, first and foremost, and expression of the will of the people of the country. 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. The British constitution includes, for example, the Bill of Rights (1689), the Act of Settlement (1701), the Parliament Act of 1911, the successive Representation of the People Acts (which extended suffrage), the statutes dealing with the structure of the courts, and various local government acts. Types of majorities: Simple majority Special majority Effective majority Absolute majority Meaning of Quorum: minimum members requires for the particular meeting. 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. 2023: Why zoning, experience, others should be a factor in Akwa Ibom politics by Godwin Edoho. Trust me; this is the major advantage of a written constitution. A country that uses an unitary government system usually adopts an unconstitutional 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. Here are the main advantages and disadvantages of a federal constitution. constitution. Having representatives makes government more efficient, resulting in faster and better implementation of the peoples will. He is the head of government and the head of the majority party, but not the head of state. 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. Below are the advantages of a flexible constitution: A flexible constitution is usually easy to amend. It has been criticized as being vague and indefinite. 2. The federal constitution cannot be changed in the same way as the . Since the head of state remains in power for a long time, countries under such laws tend to remain quite stable. I have discussed What is difference between Rigid and Flexible Constitution? Advantages and disadvantages of democracy, READ ALSO: 18 local governments in Cross River state and their headquarters. what are the different sources of constitution, what are the different source of constitution, Presidential and Parliamentary Constitution. Here are the main pros and cons of a unitary constitution. Written constitutions are said to be normative when all their binding principles are observed, more or less, in the actual operations of the political system. Each . A rigid constitution protects the fundamental rights of the individual. Constitution is believed to be two types written and unwritten, then these two have various classification such as Rigid, Flexible etc but here you listed them as types of constitution. Rigid laws are unsuitable for progressive nations in which amendments happen frequently. Since the constitution is easy to amend, the government can change the content of the constitution for their interest. At its most basic, a constitution is an instrument that embodies the rules of a social, legal or political organization. Moreover, the document is premised on the idea that there can never be a perfect set of laws applicable at all times. 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. This is why it is called a flexible constitution. It gets the respect of all as it cannot be easily abused. 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. You might want to see the problems of democracy here. 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. Kindly take note of this. 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. 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