Study with Quizlet and memorize flashcards containing terms like The framework for the federal judiciary is: a. based on common law. Merits of Flexible Constitution. It is important to note that most times, the prime ministers in the cabinet are all members of the same party or coalition equals. It is a consciously framed and enacted constitution. A rigid constitution is one that cannot be easily . In this article I will clearly highlight the basic differences between a rigid and flexible constitution. It is premised on stability and performance. The United Kingdom's constitution is flexible, because any of its . Legit.ng recently explore the 18 local governments in Nigerias Cross River State. A presidential constitution is a type of constitution where all executive powers are vested in a president who is the head of state and head of government. However, he is not the head of state. A unitary constitution provides for government power to be vested in a single central government. 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." Integrated and Independent Judiciary 9. More-recent written constitutions are generally longer and encompass a wider range of rights accorded to citizens. The cumbersome procedure of a rigid constitution and the unwillingness of the majority or other sections of the country to join in the effort to amen the constitution to assuage the feelings of people or section of the country who feel marginalized may lead to the rise of various ethnic militia, separate movement and so forth, which may lead to commotion, military take over and so forth, that may result in the constitution being jettisoned as a whole and another one being adopted at a furture date in the replacement of it, with a view to correct the fault which could not be corrected in the earlier one. In contrast, the constitution of India extends to hundreds of pages. 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. While India is a blend of rigid and flexible constitution. It must also be a government formed and installed by the people. A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. He rules by divine right and his powers were not limited by the constitution if any. There are different types of constitutions under the monarchical setup. All names, acronyms, logos and trademarks displayed on this website are those of their respective owners. Oh yeah! ABSOLUTE MONARCH :- In Monarchal constitution, the king have absolute power and is a perfect ruler. MUST READ: Are Lawyers liars? Instead of a 50% + 1 majority, a 2/3, 3/5 or 3/4 majority is required. It helps to ensure that amendment that is made to the constitution will be duly deliberated before it is made. Difference between written and unwritten constitution 2. It can easily result in administrative instability. It is not a substitute for professional advice or help and should not be relied on to make decisions of any kind. Absolute monarch: This is one in which the monarch has absolute powers of governance. 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 This is why it is called a flexible constitution. See the truth as to whether lawyers are liars or not. To understand a Monarchical constitution, you must understand that a monarchy is a government lead by a King, Queen, or Emperor. It is the. 2023: Why zoning, experience, others should be a factor in Akwa Ibom politics by Godwin Edoho. Kindly take note of this. Bill of Rights b. Federalist Papers c. Federal Judiciary Act of 1789 d . Written constitution is not flexible in nature because of its complex amendment system. You might want to see the problems of democracy here. We may share your site usage data with our social media, advertising, and analytics partners for these reasons. 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 . 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. This exposes the constitution to judicial intervention. It is necessary to take quick decisions to deal with such emergencies. There are actually two subdivision of a Monarchical constitution namely: Absolute monarch: This is a type of Monarchical constitution where the monarch has absolute powers and was and absolute ruler. It fails to keep pace with the changed social, economic and political conditions of the country. On the other hand, a federal one provides for an association of states in which power is shared. 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. 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 Rigid Constitution is a type of constitution that is not easily amended. It will be nice to hear from you! The process of amending a rigid constitution is different from the process of enacting and amending the common laws of the land. Even though I understood the meaning of all the types of constitution she thought, I was unable to differentiate between them. Every codified constitution has uncodified elements. An unwritten constitution is not contained in a single document and can exist partly in word and partly in writing. 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. A Constitution refers to a system of laws and principles that act as a basis for governance in a country. 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. However, she never said anything about the similarities or differences between some of the types of constitutions and that was a big problem. The democratic constitution provides for the peoples participation in government either directly or through elected representatives. There is a clear separation of powers among the executive, legislature, and judiciary. The people can experience slow government response on matters such as defence and emergencies. Unless specified, this website is not in any way affiliated with any of the institutions featured. Method 1: Congress Proposes an Amendment. The future head of state is usually well prepared since they are prepared from birth. ALSO READ: Features of Democracy: See the major features of democracy. Written Constitution: A written constitution refers to when the whole body of fundamental law, customs, . process. Flexible and Rigid Constitution. The states name is derived from the Cross River that runs through it. Since the head of state remains in power for a long time, countries under such laws tend to remain quite stable. 24. Why is the Nigerian Constitution Important? To understand the meaning and types of constitution, it is important to know that there are two kinds of constitution. Democracy is a government of the people, who participate in government either directly, or through representatives. Read Constitutional Law and Governance in Uganda pg. 20. 3. Parliamentary Form of Government 6. This Constitution is an expression of their sovereignty. 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. That is, constitutional procedures are not legal rules, but is accept by binding the British people. Organizing and providing relevant educational content, resources and information for students. Whereas, there may not be an ideal or desirable change of the constitution by the government in a flexible constitution. Your browser seems to have Javascript disabled. Each division has its constitutional powers and functions. I, Ch. Does the constitution provide for a separation of powers? In particular, proposed amendments to the Constitution and other types of constitutional laws (see Question 1) must undergo two successive debates in each House of . Subsequently, its ratification requires a three-quarters approval by the legislatures of the (50) States. Types of Constitution: 1. The powers of the president is to maintain the constitution and to apply all the laws made by the parliament for the time being in force. On the other hand, the unwritten constitution evolves gradually as well as it is updated with a passage of time. The system is not very stable since the prime minister does not have a fixed term. The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary laws of the land. A rigid constitution allows for careful consideration before any amendment is made to the constitution. The burden of work can become quite heavy for those in government. not. Rigid and flexible constitutions. subjected. There is less influence from the party system. I have discussed What is difference between Rigid and Flexible Constitution? A state with such a constitution, he observed, is at best in the disagreeable position of a British traveler whom a hospitable Chinese entertainer has constrained to eat a dinner with chopsticks. 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 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. Constitutions are widely classified into two categories, firstly written and unwritten ; and secondly, rigid and flexible. Here are the main advantages and disadvantages of a republican constitution. This could end up being done to satisfy the needs of those in power, completely disregarding the minorities. This answer has two elements. 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 flexible constitution may be amended just like any statute with a simple majority of votes of the members of the parliament. In todays article, i will be sharing with you the differences between a rigid and flexibile constitution. Like common law and customary law, an unwritten constitution grows from many years of practical experience and from the political way of the people. A rigid constitution is good for a federal system, because neither the centre nor the federal units can easily change it to their advantage. Kinds Rigid or inelastic Flexible or elastic. Article 368 of the Indian Constitution provides the procedure of Amendment. The rigid constitution, being precise and clear, discourages and combats arbitrary actions. 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. 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. A rigid constitution is a constitution which has a cumbersome or long amendment procedure. 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. Put in a different way, in a unitary constitution, all government powers are concentrated in the central or national government as the only source of authority from which powers emanates. There you have the major differences between a rigid and flexible constitution. Due to the ease of amendment, a flexible constitution may be amended hastily and unwisely for a selfish or sectional purpose. DISCLAIMER: This article is intended for general informational purposes only and does not address individual circumstances. As a result, the legislature cannot blame the executive for the non-implementation of the nations policies. It can be viewed as a contract between the people and the government. It depends rather on the peoples attitude concerning the fundamental political values the legal system ought to honour. A written constitution is usually rigid in nature because of its cumbersome mode of amendment. Here are the main advantages and disadvantages of a written constitution. The federal constitution does not tolerate infringement. It allows for extremely quick decision making. One of the topics I loved so much during my secondary school days is the Types of constitution. Royal families in monarchs lead very expensive lifestyles that could burden the citizens. Rigid Constitution: The Rigid Constitution is one which cannot be easily amended. Here are the four (4) types of constitutions. The authority has been given to states to make its laws on education, police, taxation system etc. ALSO READ: Richest pastors in the world currently: Top 10. A rigid constitution is suitable for a federal system of government. Following ar the types of constitutions: Written and unwritten constitutions; Rigid and flexible constitutions An uwritten constitution is a type of constitution that is not contained in one single document. It protects the rights of the minority through judicial systems. The power of the president is to uphold the constitution. A rigid constitution refers to a type of constitutional system in which it is difficult to amend or change the provisions of the constitution. 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. SUMMARY: A constitution of the state has the following main functions:- To declare the existence of the state, its name, people, character, political ethos and system; To declare the territorial boundaries of the state (Article 2); To establish organs of governance, provide for recruitment, disciplining of public officials and provide for This is the ultimate law-making power vested in the UK parliament to create or abolish any law. 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. 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. Unlike the unitary system, the countrys power is shared among local, state, and federal bodies. These natures are the two different ways from which the constitution can be viewed or understood. Constitutional law in countries with flexible constitutions does not have to be unstable or constantly in flux. The distinction between unitary and federal states, Judicial review outside the United States. In this type, the constitution may be written or mainly based on agreements. The head of government in a monarchy is usually succeeded by his or her child, and this goes on from generation to generation. At its most basic, a constitution is an instrument that embodies the rules of a social, legal or political organization. Any action you take upon the information presented in this article is strictly at your own risk and responsibility! Written and Unwritten Constitution The division of powers in this system hampers the potential rise of despotic rulers, protecting the peoples liberty. These kinds have two different ways in which the constitution can be understand. Fundamental Rights 10. A constitution also lays principles to protect the human rights of its citizens. There are two types of constitutions. 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. Typically, constitutions contain the basic laws and principles of nations, social groups, or states. Differences between the federal and unitary system of government, Differences between military and democratic government, Advantages and disadvantages of a written constitution, Offence of rape in Nigeria: Effects and punishment by the law, Examination malpractice in Nigeria: Causes, Effects and solutions. It is always recommended to visit an institution's official website for more information. In a unitary system, the people only owe their allegiance to one central body of power. This is especially true when people elect suitable leaders who represent their interests. what are the differences between rigid and flexible Constitution. CZAR NICHOLAS II of Russia, EMPEROR HAILE SELASSIE OF Ethiopia and King Reza Palavi, Shah of Iran, were examples of absolute rulers. This is where I am going to drop my pen on this topic. On the other hand, a flexible government is more suitable for a unitary system of government with a homogeneous population. 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. The judiciary. It ensure political stability of the country because, no section can single handedly amend the constitution to its own favour. Thus, the principle of the rule of lawroughly the equivalent of the American due process principlehas been an essential element of the British constitution since approximately the late 17th century. 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 can often be deadlocks between the legislature and the executive. Democracies tend to be more accountable to the people. This is a lesson from the tutorial, Constitutions and you are encouraged to log Areas neglected for political reasons can be left out of development agendas. A Constitution that has been systematically and meticulously written down and embodied in a single document is known as a Written Constitution. On the basis of the amendment procedure (procedure for making changes to the Constitution), a constitution can be classified into rigid and flexible. Here is a look at the different types of constitutions that exist in various nations worldwide. Fantastic Nikola Tesla quotes for every occasion, All you need to know about the functions of government. Continue With the Mobile App | Available on Google Play. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. very frequent. A flexible constitution may be an unwritten constitution, such as, the constitution of Britain and New Zealand. In addition to parliamentary majority, some . 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. He also implement all the laws enact by the current parliament. If and when this attitude changes, the new viewpoint is likely to eventually make its way into the constitution, whether through the amending process and interpretation by the courts under a rigid constitution or through easier legislative procedures under a flexible constitution. The constitution of 1946 was passew when the Westminster Style Parliamentary Constitution was enacted in the country. Of course, the constitution of Great Britain is the best example Of the former, While the eighteenth-century constitutions of France were typical illustrations of the latter type. 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 word democracy is derived from a combination of two Greek words Demos meaning people, and kratia meaning rule or government. A country operating a unitary system of government usually adopts a unitary constitution. 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. Democracies often have high levels of corruption since they are primarily based on electoral competition. She would tell us the the advantages, disagreement, criticism and even problems of every type of constitution. A Rigid constitution, is a type of constitution, which takes long processes of amendment. This type of constitution may be amended just like any statute, with a simple majority of vote of the members of the parliament. A parliamentary government is, in most cases, more responsible than a presidential government. The first nature of the constitution is consider as the expression of the democracy of the country. It does not exist in one document but can be found in judicial decisions, conventions, and statutes. To date, none seems overly superior to the other, as proven by the existence of the different types in various countries worldwide. The system is considerably cheaper to run since there are not many bodies that require funding from the central government. This article is licensed under a CC BY-NC-SA 4.0 license. On the other hand, a rigid constitution has elaborate, and at times cumbersome, procedures that govern any amendments. The British constitution is the best example of an unwritten constitution. Flexible and Rigid Constitution A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. Notify me of follow-up comments by email. Moreover, there are important aspects of the U.S. Constitution that are wholly unwritten. There lacks a true separation of power in this system. There are two types of Amendment procedures. Top details about affirmative action pros and cons. rigid constitution noun : a constitution that is difficult or slow to change usually because of a prescribed process of amendment that is detailed and lengthy in execution Love words? differences between a rigid and flexible constitution. Under such a law, the judiciarys main role is only to see whether the law conforms to the provisions of the constitutions. Having representatives makes government more efficient, resulting in faster and better implementation of the peoples will. The monarchical constitution is actually a monarchy where the king succeed to his child or other heir from generations to generation or from one ruling house to another. Trust me; this is the major advantage of a written constitution. Rigidity lends legitimacy to the constitution. A republican system is democratic since people elect their rulers and can question them or vote them out. It is free from the perils of temporary popular passion. Rigid constitution: it is the exact opposite of the flexible constitution. Check your inbox to be the first to know the hottest news. It means that the sovereign unit (Centre) and local units . The law improves the overall quality of decision making. The Supreme Court has declared government regulation should be scrutinized very strictly when it infringes on a protected liberty (like procreation or marriage) or a protection action (like political speech), or when it unfairly discriminates against a protected class (like race or national origin). This can result in improved national unity. Each sphere of government exercises its constitutionally assign powers and functions. Although amendment can be possible when is seems necessary. "Rigid Constitution" by Wikipedia,CC BY-SA 3.0, "What are the Merits and Demerits of Rigid Constitution ?" Types Of Constitution 1. At the same time, uncodified constitution type is based on customs and traditions. What do you know about the main top types of inflation? The United Kingdom can modify its constitutional law by statute (or even in important areas by conventions between the supreme institutional powers of the state: the crown, Parliament, and the cabinet). 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. Drawn from Various Sources 3. Federalism in India. I enjoin you to read this till the end if you really want to understand the types of a constitution. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); What are the different types of Constitution, on What are the different types of Constitution. Fails to keep pace with the changed social, economic and political conditions of the members the! Procedure for enacting and amending the ordinary laws of the land instrument that embodies the rules of a written is... 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