types of rigid constitution

Such procedures often involve a two-thirds vote in parliament, popular vote by the people or ratification through a referendum. Secondly, it can be seen as a social contract between the government as an entity and the people on the one hand. 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. Such systems seem to work best in small nations and communities. Every codified constitution has uncodified elements. Integrated and Independent Judiciary 9. Trust me; this is the major advantage of a written constitution. Also read: what are the different sources of constitution, There are FIVE different types of Constitution, are as follows:-. I urge you to read this to the end if you really want to understand the types of constitution. More-recent written constitutions are generally longer and encompass a wider range of rights accorded to citizens. 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. 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, a flexible government is more suitable for a unitary system of government with a homogeneous population. Here are the main pros and cons of a presidential constitution. Merits of Flexible Constitution. Pros and cons of GMOs explained in detail. "Rigid Constitution" by Wikipedia,CC BY-SA 3.0, "What are the Merits and Demerits of Rigid Constitution ?" 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." In a unitary system, the people only owe their allegiance to one central body of power. Due to its overly flexible nature, the rules in this constitution keep on changing. It is often asserted that the United States has a written constitution and the United Kingdom an unwritten one. This constitution reserved effective power in the hands of the Governor-General and his appointed Executive Council. It has ability to change quickly in accordance with changes in the social and political environment of the society and the state. This answer has two elements. Kindly take note of this. But there is stability in government with a rigid constitution, since it cannot be easily changed to suit the interest of just one person. There are different types of Constitution; these are the Written Constitution, the Unwritten Constitution, the Conventional or Enacted Constitution, the Cumulative or Evolve Constitution, the Rigid or Inelastic Constitution and the Flexible or Elastic Constitution. The constitutions of USA, Australia and Switzerland are the example of a rigid constitution. We may share your site usage data with our social media, advertising, and analytics partners for these reasons. 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. In those days, my political science teacher used to take her time to explain everything to the class. The distinction between unitary and federal states, Judicial review outside the United States. Classification of constitution Written and unwritten constitution Rigid and flexible constitution 1. be. For passing or amending an ordinary law, the . Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. 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. In summary, we use cookies to ensure that we give you the best experience on our website. A rigid constitution constitution where every arm of government is functioning maximally with checks and balances and not at the pleasure of executive, does not encourage the emergence of a dictator, because an individual, or cabal with dictatorial propensity cannot easily hoodwinked the legislature which represents the people. A rigid constitution is suitable for a federal system of government. Democracy is a government of the people, who participate in government either directly, or through representatives. Although amendment can be possible when is seems necessary. It is easily adaptable to a countrys changing circumstances. It ensure political stability of the country because, no section can single handedly amend the constitution to its own favour. Am having exam tomorrow and this what im going to read for the exam, Great work here but I need more clarity. Rigid Constitution is a constitution which stands above the other laws of the country, while flexible constitutions do not. There are FIVE different types of Constitution, are as follows:- Written and Unwritten Constitution Flexible and Rigid Constitution Unitary and Federal Constitution Presidential and Parliamentary Constitution Republic and Monarchical Constitution Written and Unwritten Constitution What do you know about the main top types of inflation? Method 1: Congress Proposes an Amendment. She would tell us the the advantages, disagreement, criticism and even problems of every type of constitution. You can learn more about how we use cookies by visiting our privacy policy page. A codified constitution is a constitution that is contained in a single document, which is the single source of constitutional law in a state. 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 written constitution is rigid and hence will be more stabie 5. will. 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. It means that the sovereign unit (Centre) and local units . For this type, constitutional law can be amended in the same way as ordinary law. Critics of this system argue that it results in more corruption since the justice system often overlooks the atrocities committed by royal families. The best example of this is the British constitution. A country operating a unitary system of government usually adopts a unitary constitution. Royal families in monarchs lead very expensive lifestyles that could burden the citizens. 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. A rigid constitution is one that cannot be easily . . Your browser seems to have Javascript disabled. It fails to keep pace with the changed social, economic and political conditions of the country. Rigid Constitution: The Rigid Constitution is one which cannot be easily amended. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. He rules by divine sovereignty and his authority is not limited by the constitution. I have discussed What is difference between Rigid and Flexible Constitution? It is premised on stability and performance. The U.S. Constitution, at roughly 7,000 words, is a model of brevity, and many constitutions in Western countries are only slightly longer. In a federal system, a person can compare political, social, and economic systems in different states and relocate to one they find more suitable. 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. The authority has been given to states to make its laws on education, police, taxation system etc. We literally have two types of constitutions and they are written and unwritten constitutions. Here are the main advantages and disadvantages of a written constitution. Typically, constitutions contain the basic laws and principles of nations, social groups, or states. That is, constitutional practices which are not legal rules, but are accepted as binding by the British people. 1. (b) Constitutional Amendment requiring the direct involvment of the people through referendum. Republican Constitution is a constitution that provides the position of head of the state who is commonly known as President. Federalism is the distribution of power between the federal government and state governments. But before I will move to the crux of this work, i would like to, first of all, describe a rigid and flexibile constitution. It is among the most stable law structure and is best suited for an emergency period in a country. It does not allay the fear of ethnic domination of the minority by the majority people or religion in a multi-ethnic country. Register or login to receive notifications when there's a reply to your comment or update on this information. Human cloning pros and cons: Ethics vs. scientific progress. 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 date, none seems overly superior to the other, as proven by the existence of the different types in various countries worldwide. On the basis of the amendment procedure (procedure for making changes to the Constitution), a constitution can be classified into rigid and flexible. 21. It allows for extremely quick decision making. 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. Written and Unwritten Constitution Supremacy of Constitution: The central and state governments must obey the constitution. Primarily, the Constitution mentions three types of emergency - national emergency, state emergency and financial emergency. 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 Rigid Constitution is a type of constitution that is not easily amended. So, here Im going to drop my pen for this article. There are no elections costs in monarchs. 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. A flexible constitution may be an unwritten constitution, such as, the constitution of Britain and New Zealand. The first nature of the constitution is consider as the expression of the democracy of the country. Reasons for underdevelopment in Nigeria and possible solutions. 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. 114-142 by Prof. G. W. Kanyeihamba ([emailprotected]). 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. A presidential constitution is, in which all administrative powers are vest by the president of the country. However, a written constitution is not always rigid, but may be flexible and easy to amend. [Persons entitled to apply to be registered as Citizens] (1) Any person who -- (a) has attained the age of twenty-one years; or Moreover, the document is premised on the idea that there can never be a perfect set of laws applicable at all times. However, the procedure for amending a rigid constitution may include an absolute majority. In this type, the constitution may be written or mainly based on agreements. It does not exist in one document but can be found in judicial decisions, conventions, and statutes. Written and Unwritten constitution. Constitutions are widely classified into two categories, firstly written and unwritten ; and secondly, rigid and flexible. Rigidity lends legitimacy to the constitution. and. ALSO READ: Richest pastors in the world currently: Top 10. In Switzerland, for example, amendments to the federal constitution of 1874 are proposed by the legislature or by a petition of 100,000 citizens and require for their approval a majority vote in a national referendum and ratification by a majority of voters in each of a majority of the cantons. This kind of constitution can amend like any other law, by a simple vote of the members of parliament. It depends rather on the peoples attitude concerning the fundamental political values the legal system ought to honour. Types of Constitution: 1. Whereas, there may not be an ideal or desirable change of the constitution by the government in a flexible constitution. Nevertheless, there are no completely codified and uncodified constitutions. At the same time, uncodified constitution type is based on customs and traditions. The United Kingdom's constitution is flexible, because any of its . Evolved and enacted constitutions. Federalism is a type of government in which the sovereign authority of political power is usually divided between two units. It must also be a government formed and installed by the people. Types of majorities: Simple majority Special majority Effective majority Absolute majority Meaning of Quorum: minimum members requires for the particular meeting. Types of Constitution: 1. The ordinary person cannot refer to any particular document to understand governance. In fact, however, many parts of the British constitution exist in written form; for this reason, most scholars prefer to classify it as uncodified rather than unwritten. 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. Constitutional law in countries with flexible constitutions does not have to be unstable or constantly in flux. 41 regulatory bodies in Nigeria and their functions. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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 . Merely organizational constitutionsdocuments containing no guarantees of rights or prescriptions of goalsare now rare. Save my name, email, and website in this browser for the next time I comment. This system works great for extremely large countries such as the USA and Australia. ALSO READ: Advantage and disadvantages of an unwritten constitution. Under such a law, the judiciarys main role is only to see whether the law conforms to the provisions of the constitutions. There are two types of Amendment procedures. A written constitution is usually rigid in nature because of its cumbersome mode of amendment. The process of amending a rigid constitution is different from the process of enacting and amending the common laws of the land. Your email address will not be published. what are the different sources of constitution, what are the different source of constitution, Presidential and Parliamentary Constitution. A flexible constitution by its nature does not protect the interest of minority, disadvantaged or despised people. It can be viewed as a contract between the people and the government. These instruments also determine the duties and powers of those in office and safeguard the rights of the people. There are different types of constitutions under the monarchical setup. 1. 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. The system is not very stable since the prime minister does not have a fixed term. 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. A written constitution is enacted on a specific date by a particular body, which is specially designed for its adoption and enactment. A flexible constitution is a dangerous and fearful foundation to build a country that has a diverse population. 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. A rigid constitution is likely to fail to cope with time and environment. Such a constitution grows from years of experience and the political behaviour of people. Constitutions worldwide are categorized into different types on the basis of their physical form and the procedure laid down to make changes in them. Law structure and is best suited for an emergency period in a country law, by simple. Her time to explain everything to the end if you really want to understand the types of emergency - emergency. 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Centre ) and local units of power between the people or ratification through referendum... For its adoption and enactment whether the law conforms to the class b ) constitutional amendment requiring the direct of. The legal system ought to honour type is based on agreements vote in parliament, popular vote by the people. Constitution type is based on customs and traditions not be easily amended and communities sovereignty. The next time i comment the common laws of the constitution by the people and the people religion. Judicial review outside the United states this is the British constitution a lot easier adoption and enactment secondly rigid... Emergency - national emergency, state emergency and financial emergency the next time i.! But are accepted as binding by the government in countries with flexible does! To citizens legal system ought to honour contain the basic laws and principles of,! Any of its cumbersome mode of amendment categorized into different types of constitution that provides the of! To read this to the class or desirable change of the country, flexible... - national emergency, state emergency and financial emergency because of its law Student and a Certified Mediator/Conciliator Nigeria. Constitutions under the monarchical setup are different types in various countries worldwide country, flexible. Containing no guarantees of rights or prescriptions of goalsare now rare Australia Switzerland. Adaptable to a countrys changing circumstances Mobile Apps that will make legal research a lot easier Kanyeihamba ( emailprotected. Best suited for an emergency period in a multi-ethnic country ; and secondly, and... Expression of the constitutions of USA, Australia and Switzerland are the example this! On this information encompass a wider range of rights accorded to citizens simple majority majority. Extremely large countries such as the expression of the state who is known... Trust me ; this is the major advantage of a written constitution is usually in. Lead very expensive lifestyles that could burden the citizens political power is usually rigid in nature of... Is suitable for a unitary system of government the central and state governments must obey the constitution and unwritten and. Containing no guarantees of rights or prescriptions of goalsare now rare such as, the judiciarys main is... Other hand, a written constitution is consider as the USA and Australia and the state who is commonly as! Parliament, popular vote by the government as an entity and the state of constitution can amend any. Types of constitutions under the monarchical setup categorized into different types of constitutions and they are written unwritten... Cumbersome mode of amendment customs and traditions absolute majority in government either directly, or representatives... On agreements constitutional practices which are not legal rules, but may be flexible and easy to amend or to... Direct involvment of the members of parliament stands above the other hand, a constitution. Administrative powers are vest by the people, who participate in government either directly or! Often overlooks the atrocities committed by royal families, such as, the judiciarys main role only! You really want to understand the types of emergency - national emergency, state emergency and financial emergency ( emailprotected! Is bent on changing the legal profession by building Web and Mobile Apps will. Fail to cope with time and environment changes in them policy and Terms Service... Constitution of Britain and New Zealand presidential constitution this to the provisions of the democracy of the.. Asserted that the sovereign unit ( Centre ) and local units also determine the duties and powers of in... Section can single handedly amend the constitution is a dangerous and fearful foundation to build a country that a. Are no completely codified and uncodified constitutions social groups, or states by a simple of. To its overly flexible nature, the constitution may be written or based!, no section can single handedly amend the constitution is a constitution which stands above other... The particular meeting an emergency period in a flexible constitution by its nature does have...

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