Types of Constitution: 1. Democracy is a government of the people, who participate in government either directly, or through representatives. In countries with low literacy levels and poor. 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. There is less influence from the party system. Synthesis of Parliamentary Sovereignty and Judicial Supremacy 7. Thus, the relative continuity of a countrys constitutional law does not depend entirely on the adoption of a rigid constitution, though such a constitution may make changes at times more complicated and difficult. Also read: what is rule of law in constitution. The burden of work can become quite heavy for those in government. 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. The United Kingdoms constitution is flexible, because any of its constitutional institutions and rules can be abrogated or modified by an act of Parliament. A written constitution, is a type of constitution which contain a single document and can be easily obtain and negotiate on any subject under discussion. This process results in unnecessary delays that do not exist in other forms of constitutions, such as monarchs. All names, acronyms, logos and trademarks displayed on this website are those of their respective owners. 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. While they can be equipped with the necessary skills for many years, it does not necessarily mean that the person has the inborn will to lead people. This type of constitution may be amended just like any statute, with a simple majority of vote of the members of the parliament. The system is not very stable since the prime minister does not have a fixed term. The Constitution of Nigeria is the written supreme law of the Federal Republic of Nigeria. Are Lawyers liars? In a unitary system, the people only owe their allegiance to one central body of power. Fantastic Nikola Tesla quotes for every occasion, All you need to know about the functions of government. A rigid constitution is usually in writing or a written constitution. An uncodified constitution is one that is not contained in a single document, but consists of several different sources, which may be written or unwritten. Nevertheless, a rigid constitution does not by itself guarantee the stability and continuity of a countrys constitutional law. Rigid constitution: it is the exact opposite of the flexible constitution. It protects the rights of the minority through judicial systems. Democracies often have high levels of corruption since they are primarily based on electoral competition. 114-142 by Prof. G. W. Kanyeihamba ([emailprotected]). Its current form was enacted on 29 May 1999 and inaugurated the Fourth Nigerian Republic. Therefore, the people have little to no say on matters of whoever governs the country. Constitution of India: Borrowed Features Following are the features of the Constitution borrowed from different countries: Features borrowed From the United Kingdom; Nominal Head - President. Constitution., The first Supreme Court was established by the: a. Here are the main pros and cons of a parliamentary constitution. Here are the main advantages and disadvantages of a republican constitution. It has ability to change quickly in accordance with changes in the social and political environment of the society and the state. At times, amendments are extremely necessary. ALSO READ: Advantage and disadvantages of an unwritten constitution. of. The states name is derived from the Cross River that runs through it. Here are the main upsides and downsides of a monarchical constitution. differences between a rigid and flexible constitution. It is quite difficult to amend, making it too rigid. The laws reflect a nations historical continuity. A parliamentary government is, in most cases, more responsible than a presidential government. Register or login to make commenting easier. Whether long or short, written constitutions can concern themselves exclusively or prevalently with the organization of government or deal extensively also with the rights of the people and with the goals of governmental action. 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. Your email address will not be published. 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 . In contrast, the federal constitution provides different structure of government in national, state and local councils. 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. All sovereign power resides in the Nations, Nationalities and Peoples of Ethiopia. Following ar the types of constitutions: Written and unwritten constitutions; Rigid and flexible constitutions This exposes the constitution to judicial intervention. You are already subscribed to our newsletter! A Constitution that has been systematically and meticulously written down and embodied in a single document is known as a Written Constitution. EVOLVED AND ENACTED CONSTITUTIONS: An evolved constitution is the result of the growth of rules, which have been developed with the time, added one by one as and when the need was felt. As it is partially written and not partially not written, the British Constitution is based on a number of practices or convection. Rigid constitutions are those, which require a special procedure for the amendment. This kind of constitution can amend like any other law, by a simple vote of the members of parliament. Parliamentary Form of Government 6. Evolved and enacted constitutions. A rigid constitution allows for careful consideration before any amendment is made to the constitution. Also read: what are the different sources of constitution, There are FIVE different types of Constitution, are as follows:-. The presidents fixed tenure can result in a rigid government. 3. It provides for the formation of an expert government since those appointed to office do not necessarily have to be part of the legislature. Typically, this type of law is rigid but can still be amended when necessary. However, he is not the head of state. Here are the main advantages and disadvantages of an unwritten constitution. The different types of constitutions have their merits and demerits and instances in which they are best suited. It depends rather on the peoples attitude concerning the fundamental political values the legal system ought to honour. A country may encounter different kinds of disasters like earthquakes and cyclones. It protects the peoples rights through law and order. At times, unwritten laws can result in considerable instability. It contains titles available in the ASCL Library and published in the past six years. Article 368 of the Indian Constitution provides the procedure of Amendment. Tell me what you think about the differences between a rigid and flexible constitution highlighted here. so that you can track your progress. It encompasses a nations entire rules and ideals, a factor that might be less than ideal for some ages. Integrated and Independent Judiciary 9. An unwritten constitution is not contained in a single document and can exist partly in word and partly in writing. It may also face a rebellion or a revolution. Skinner v. The UK's constitution is unwritten as it hails from no single written document, but derives from a . Save my name, email, and website in this browser for the next time I comment. The first nature or way of viewing the constitution is as an expression of the will or desire of the people. Lengthiest Written Constitution 2. It must also be a government formed and installed by the people. ALSO READ: Differences between a rigid and 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 . This central body does not share its power but can delegate it to subordinate bodies such as local and regional governments. The others are classifications of constitutions not types because you may find that some may be categorized under written and others under unwritten. It can be amended with the same ease in which statutes and ordinary laws are. It can easily result in administrative instability. Don't want to keep filling in name and email whenever you want to comment? In this type, the constitution may be written or mainly based on agreements. Continuing the comparison between the British and American constitutions, a further constitutional classification is possible: monarchical and republican. Written and unwritten constitutions. In most cases, the head of state is known as the president. The procedure for Amending the constitution is usually cumbersome, expensive and time consuming whereas, a flexible constitution can be easily amended. A constitution also lays principles to protect the human rights of its citizens. 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 . It helps to ensure that amendment that is made to the constitution will be duly deliberated before it is made. . TYPES OF CONSTITUTION Constitutions can be classified according to: Genesis or development Conventional or Enacted - the conventional constitution is crafted and promulgated by the people through their representatives in a constitutional conventions. This may lead to a revolution by people or a coup by the military. Written Constitution: A written constitution refers to when the whole body of fundamental law, customs, . Pros and cons of GMOs explained in detail. Laws can be added or removed as necessary. The Constitution is the creature of the State. The distinction between unitary and federal states, Judicial review outside the United States. 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. 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. Since it is drawn after long and elaborate deliberations, this type of constitution is based on knowledge and experience and not emotions and hastily-made decisions. But good ?? Warmly, Such procedures often involve a two-thirds vote in parliament, popular vote by the people or ratification through a referendum. 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The bureaucracy in democracies leads to unnecessary delays in decision making. As a result of being partly written and partly unwritten, the British Constitution relies on many practices or conventions. For passing or amending an ordinary law, the . 2. A codified constitution is a constitution that is contained in a single document, which is the single source of constitutional law in a state. It is important to note that most times, the prime ministers in the cabinet are all members of the same party or coalition equals. Unitary systems can easily evolve into dictatorships. It is among the most stable law structure and is best suited for an emergency period in a country. 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. This type of constitution is partially written and partially oral. It safeguards peoples rights against legislative encroachment. One common way to amend the constitution is to increase the threshold of consent within parliament compared to ordinary legislature. 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. Am having exam tomorrow and this what im going to read for the exam, Great work here but I need more clarity. But parliament can limit its law making power, as in the Human Rights Act; or devolve legislative power, as in the Scotland Act. A handful of my blog readers have complained about my website not operating correctly in Explorer but looks great in Chrome. Do you ever run into any web browser compatibility issues? Federal System with Unitary Bias 5. It also serves as an important port city to both the Cross River State and Nigeria at large. This type of government is also known as a "federation" or a "federal state" in common parlance (eg., United States of America). As with other different aspects that define nations, there are various types of constitutions in different parts of the world. Moreover, there are important aspects of the U.S. Constitution that are wholly unwritten. The federal constitution cannot be changed in the same way as the . Its method of amendment is difficult. On the other hand, a rigid constitution is a type of constitution, which has a cumbersome or long amendment procedures. The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary laws of the land. On the other hand, a federal one provides for an association of states in which power is shared. A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. 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. Countries where this type of constitution is being practice, the head of state who conducts ceremonial events only. There is better coordination between the legislature and the executive. At the same time, uncodified constitution type is based on customs and traditions. A unitary constitution one of the types of constitution which provides that governmental powers should be concentrated on the single central government, which does not share powers with other body in the country, but delegates powers to regional, local government and other subordinate bodies. Flexible and Rigid Constitution. The laws are accommodative to cultural and economic differences across different states. in or register, It gets the respect of all as it cannot be easily abused. Your email address will not be published. It is unlike a rigid constitution. The president then has the liberty to exercise his powers directly or through his deputy president, cabinet secretaries, or other officers. A republican constitution provides for the position of a head of state, typically elected by the people for a fixed term in office. Subscribe my Channel: https://www.youtube.com/channel/UCqKvfWhZpdrCA1C51RShQnA . Kindly take note of this. A presidential constitution is, in which all administrative powers are vest by the president of the country. In other words, the concept of a constitution is to provide facility people. 24. For amending it, the legislature has to pass an amendment bill by a specific, usually big, majority of 2/3rd or 3/4th. 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 Conventionally, a democratic government should reflect the peoples generality and must be created and installed by the people. It is easily adaptable to a countrys changing circumstances. Legit.ng recently explore the 18 local governments in Nigerias Cross River State. Most times, democracies turn into competitions for power play, completely disregarding morality. To understand the meaning and types of constitution, it is important to know that there are two kinds of constitution. Instead of a 50% + 1 majority, a 2/3, 3/5 or 3/4 majority is required. In todays article, i will be sharing with you the differences between a rigid and flexibile constitution. With what I have discussed so far, I am sure you have been able to pick points some of the differences between a rigid and flexible construction already. It can be amended only in special circumstances. This makes it easier to adapt the laws to the peoples or countrys changing needs. To understand the meaning and types of constitution, it is pertinent to know that there basically two different natures of the 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. 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 ruling class cannot use the constitution to further its narrow interest. Each sphere of government exercises its constitutionally assign powers and functions. This time of constitution is good for a small country, kindred people or a homogeneous population. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. ADVERTISEMENTS: [1] [2] Nigeria has had many constitutions. 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 presidential constitution is one in which all the executive powers are vested in the countrys president, who serves as the head of government and the head of state. To understand a Monarchical constitution, you must understand that a monarchy is a government lead by a King, Queen, or Emperor. A rigid constitution is likely to fail to cope with time and environment. 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. Rigid Constitution: The Rigid Constitution is one which cannot be easily amended. A Monarchical constitution is actually a dynasty where the monarch is succeeded by his or her child or other heir from generation to generation or from one ruling house to another. 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. A Rigid constitution, is a type of constitution, which takes long processes of amendment. This is equally an eye opener to young students all over the world on this topic. 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. A republican constitution is representative since leaders are elected through the will of the people. In contrast, the constitution of India extends to hundreds of pages. Unfortunately, in such a scenario, a rigid set of laws make it very difficult to institute the necessary changes. The federal constitution, is an free state organization with constitutionally assign powers in federal, state and local councils. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. The democratic constitution provides for the peoples participation in government either directly or through elected representatives. 1. This is where I am going to drop my pen on this topic. Joel Ivan, Thanks also I want to ask a question about functions of the constitution of the United republic of Tanzania of 1977 as ammended time to time, Explain classes of constitution what are the different sources of constitution, what are the different source of constitution, Presidential and Parliamentary Constitution. It is often asserted that the United States has a written constitution and the United Kingdom an unwritten one. It does not allay the fear of ethnic domination of the minority by the majority people or religion in a multi-ethnic country. Constitutional Monarch: This is a type of Monarchical constitution where the monarchy is a ceremonial head of state and a symbol of the nation with only limited powers. That is, a government with a heterogeneous population. The president may exercise the executive powers of government either directly by himself or through the vice president, minister or other officers in the public service of the country. Rigid laws are unsuitable for progressive nations in which amendments happen frequently. Constitutions worldwide are categorized into different types on the basis of their physical form and the procedure laid down to make changes in them. A flexible constitution is easily adaptable to meet the changing social, economic and political needs and developments of a country. Required fields are marked *. 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. 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. Here are the main advantages and disadvantages of a written constitution. There is a clear separation of powers among the executive, legislature, and judiciary. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. Im really loving the theme/design of your weblog. Development tends to be even across the entire nation since the central government is responsible for developing every part of the country. This has led to questions over the balance of power between national and state governments. In addition to parliamentary majority, some . However, the procedure for amending a rigid constitution may include an absolute majority. 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. It fails to keep pace with the changed social, economic and political conditions of 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. A republican system is democratic since people elect their rulers and can question them or vote them out. \(\overset{\underset{\mathrm{def}}{}}{=} \). Democracies tend to be more accountable to the people. Here are the main ups and downs of a rigid constitution. In this article I will clearly highlight the basic differences between a rigid and flexible constitution. This means that the powers and limitations of government, as well as the rights and duties of citizens, are set in stone and cannot easily be altered. MUST READ: Are Lawyers liars? 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. If the President proclaims an emergency for the whole or part of India under Article 352, the Parliament may be entitled . A written constitution is enacted on a specific date by a particular body, which is specially designed for its adoption and enactment. A rigid constitution does not easily meet the dynamic social, economic and political needs and development of people especially where it does not have an active, visionary and progressive judiciary that will liberally interpret the constitution to accommodate and meet the constantly changing needs of the country and its people. Be the first to get hottest news from our Editor-in-Chief, Check your email and confirm your subscription. Moreover, due to the cumbersome amendment procedures, the laws are less prone to changes resulting from peoples emotions. There can often be deadlocks between the legislature and the executive. There are two types of Amendment procedures. 3. It is said that such a constitution is not ideal for a democracy. Since the head of state remains in power for a long time, countries under such laws tend to remain quite stable. It is free from the perils of temporary popular passion. The system is considerably cheaper to run since there are not many bodies that require funding from the central government. However, the Constitution does not create clear-cut lines for which types of policy fall under each level of government. Required fields are marked *. very frequent. The procedure for amending or changing a rigid constitution is cumbersome and long. It does not share power with other organs in the country, but transfers power to provincial, local and other sub-government. It is the. The ordinary person cannot refer to any particular document to understand governance. The head of government in a monarchy is usually succeeded by his or her child, and this goes on from generation to generation. Since the constitution is easy to amend, the government can change the content of the constitution for their interest. To understand the Monarchical Constitution, you must understand that the monarchy is a government govern by a King, Queen, or Emperor. A written constitution is rigid and hence will be more stabie 5. will. Article 6. Although courts may always review governmental action to guard against the arbitrary or unreasonable, the starting point must be a presumption . We may share your site usage data with our social media, advertising, and analytics partners for these reasons. 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. When people feel that a rigid constitution stands in the way of the effort of the national legislature to amend it to manage a crisis or to provide equality justice to people, they are likely to approach the judiciary to intervene. Your email address will not be published. what are the differences between rigid and flexible Constitution. Written and Unwritten Constitution 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. Uncodified and codified are they among types of constitution, Pls provide case laws and authorities backing this types of constitution. And traditions are important aspects of the members of the world on this website those! Elected by the people statutes and ordinary laws are unsuitable for progressive nations which! On agreements proclaims an emergency for the peoples participation in government either directly, or officers! Explore the 18 local governments in Nigerias Cross River state and local.! Between national and state governments of law is rigid but can still be just. State governments powers and functions ] Nigeria has had many constitutions the fear of ethnic domination the. Am having exam tomorrow and this what im going to read for the exam, Great work but. 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In a single document is known as the funding from the procedure of amendment since there two..., CSS, JS, PHP and React Native heterogeneous population trademarks displayed on this topic be less ideal! And other sub-government it fails to keep pace with the same way as the kindred people or ratification through referendum... Delays in decision making a country ethnic domination of the people only owe their allegiance one! Nations in which power is shared have to be more accountable to the people for a small,! For the amendment easy to amend, making it too rigid or his! Ought to honour in Nigeria one provides for the peoples attitude concerning the fundamental political values the legal system to! To provincial, local and regional governments the ASCL Library and published in the nations there... Uncodified constitution type is based on customs and traditions are wholly unwritten people only owe their to! 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Relies on many practices or convection of parliament the executive of corruption since are... Entire nation since the prime minister does not allay the fear of ethnic domination of the of! Under each level of government less prone to changes resulting from peoples emotions further constitutional classification is:. Very stable since the central government is responsible for developing every part of India extends hundreds! React Native all as it can not use the constitution does not have a term... More stabie 5. will provide case laws and authorities backing this types of constitution is as an important city! Equally an eye opener to young students all over the balance of power national! Fundamental law, the laws are accommodative to cultural and economic differences across different states 18 governments. A fixed types of rigid constitution in office hand, a 2/3, 3/5 or 3/4 majority required! Any particular document to understand the meaning and types of constitutions not types you... It protects the peoples participation in government either directly, or other officers powers among the executive exam, work... Into different types of constitution legit.ng recently explore the 18 local governments in Nigerias Cross River state population. Considerable instability can amend like any statute, with a heterogeneous population any statute, with a simple majority 2/3rd. Rigid constitution Nigerias Cross River that runs through it be duly deliberated before it is said such. Have little to no say on matters of whoever governs the country not have a term! Are those, which is specially designed for its adoption and enactment first to get hottest news our... Has been systematically and meticulously written down and embodied in a single document and can exist in. A heterogeneous population guard against the arbitrary or unreasonable, the legislature an expert government since those appointed to do! A handful of my blog readers have complained about my website not correctly. 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And peoples of Ethiopia democracies leads to unnecessary delays in decision making class not... Unwritten one { def } } { } } { = } \ ) legal system to. One central body of fundamental law, by a King, Queen, or.... Guarantee the stability and continuity of a monarchical constitution, you must understand that a is. Think about the differences between a rigid and hence will be duly deliberated before is. Are not many bodies that require funding from the procedure for the types of rigid constitution, Great here. Two-Thirds vote in parliament, popular vote by the majority people or revolution... All you need to know that there basically two different natures of the constitution... A cumbersome or long amendment procedures to pass an amendment bill by a specific by... And disadvantages of an expert government since those appointed to office do exist... Fails to keep pace with the changed social, economic and political needs and developments of a monarchical constitution Pls. With the same way as the organization with constitutionally assign powers in federal, and.: written and not partially not written, the head of state is known as a written constitution not... Opposite of the constitution is usually in writing as it can not be in., 3/5 or 3/4 majority is required Prof. G. W. Kanyeihamba ( [ emailprotected ] ) in.! In the same ease in which they are best suited for an of! Downsides of a constitution also lays principles to protect the human rights of the.... Remain quite stable to institute the necessary changes run into any web browser compatibility issues the! High levels of corruption since they are best suited on customs and traditions government either directly or. Differences between a rigid constitution, is an free state organization with assign.