Here are the main pros and cons of a unitary constitution. This process results in unnecessary delays that do not exist in other forms of constitutions, such as monarchs. A flexible constitution is a constitution which can easily be amended or changed without a cumbersome procedure. To a certain extent interpretation inevitably involves adaptation of the letter of the law to societal changes. Top details about affirmative action pros and cons. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. The Constitution of Nigeria is the written supreme law of the Federal Republic of Nigeria. A person born in or outside Zambia after the commencement of this Constitution shall become a citizen of Zambia at the date of his birth if on that date at least one of his parents is a citizen of Zambia. There are 6 types of the constitution, these are; Written and Unwritten Constitution Federal and Unitary Constitution Flexible and Rigid Constitution Moanrichanl and Republican Constitution Presidential and Parliamentary Constitution Let's discuss them one by one; 1. Typically, this type of law is rigid but can still be amended when necessary. But before I will move to the crux of this work, i would like to, first of all, describe a rigid and flexibile constitution. Federations tend to be more democratic since leaders are answerable at multiple levels, not only the top government. Skinner v. It is always recommended to visit an institution's official website for more information. Parliamentary Form of Government 6. Such constitutions are written with the combined knowledge and experience of learned people, resulting in improved efficiency. of. Conventionally, a democratic government should reflect the peoples generality and must be created and installed by the people. This could end up being done to satisfy the needs of those in power, completely disregarding the minorities. 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. Notify me of follow-up comments by email. This is the ultimate law-making power vested in the UK parliament to create or abolish any law. There is better coordination between the legislature and the executive. It has been criticized as being vague and indefinite. 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 . A parliamentary government is, in most cases, more responsible than a presidential government. Rigid and flexible constitutions. The Rigid Constitution is a type of constitution that is not easily amended. In the first instance, the constitution is seen as, first and foremost, and expression of the will of the people of the country. In addition, as ensured by the First Amendment, all American citizens are free to petition . These kinds have two different ways in which the constitution can be understand. This makes it easier to adapt the laws to the peoples or countrys changing needs. What do you know about the main top types of inflation? Ratifying Convention; see 10th Amendment). The others are classifications of constitutions not types because you may find that some may be categorized under written and others under unwritten. There are two types of Amendment procedures. 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). The powers of the different tiers of the government are usually spelt out in legislative lists of the federal constitution. Unless specified, this website is not in any way affiliated with any of the institutions featured. A rigid constitution is good for a federal system, because neither the centre nor the federal units can easily change it to their advantage. Written and Unwritten Constitution Your email address will not be published. For federal governments, a written constitution provides for the separation of central and federal power. Critics of this system argue that it results in more corruption since the justice system often overlooks the atrocities committed by royal families. The constitution though Supreme, is usually flexible and not rigid, as the government has power to amend it as maybe necessary. It is among the most stable law structure and is best suited for an emergency period in a country. by Arvind Kumar, Preserve Articles. 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. CZAR NICHOLAS II of Russia, EMPEROR HAILE SELASSIE OF Ethiopia and King Reza Palavi, Shah of Iran, were examples of absolute rulers. 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. Evolved and enacted constitutions. This is where I am going to drop my pen on this topic. Differences between a federal and unitary system of government, Why indirect rule was adopted in Africa during colonization, Characteristics of military rule in Nigeria. However, if you have a questions you can ask about this topic, do not hesitate to post it using the comments section. Since a flexible constitution is very easy to amend, the constitution actually allows quick action to be taken in the interest of the nation in time of emergency. It is unlike a rigid constitution. (Of course, there exists the further possibility of change, in both cases, through the extreme means of a popular revolution or a military coup dtat.) In a flexible constitution there is no distinction between ordinary law and constitutional law. Eventually, state-centred decisions overtake national interests. The rigid constitution, being precise and clear, discourages and combats arbitrary actions. Merits of Flexible Constitution. To understand the Monarchical Constitution, you must understand that the monarchy is a government govern by a King, Queen, or Emperor. Register or login to receive notifications when there's a reply to your comment or update on this information. It encompasses a nations entire rules and ideals, a factor that might be less than ideal for some ages. Here are the main ups and downs of a rigid constitution. 3. He rules by divine sovereignty and his authority is not limited by the constitution. That is, constitutional practices which are not legal rules, but are accepted as binding by the British people. so that you can track your progress. It can be amended with the same ease in which statutes and ordinary laws are. The laws contained in it can be amended as simply as one would amend a statute, with a simple majority vote in parliament. DISCLAIMER: This article is intended for general informational purposes only and does not address individual circumstances. Constitution to the particular governmental action under review. Although it can actually be amended when found necessary. We literally have two types of constitutions and they are written and unwritten constitutions. [1] [2] Nigeria has had many constitutions. 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. 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. 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. A rigid constitution is likely to fail to cope with time and environment. It is necessary to take quick decisions to deal with such emergencies. 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. Required fields are marked *. what are the differences between rigid and flexible Constitution. Moreover, there are important aspects of the U.S. Constitution that are wholly unwritten. Rigid laws are unsuitable for progressive nations in which amendments happen frequently. 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. The procedure for amending a flexible constitution is not cumbersome, long expensive, time or energy consuming. The United Kingdoms constitution is flexible, because any of its constitutional institutions and rules can be abrogated or modified by an act of Parliament. Please clarify this, I am really much obliged comrade for the information rendered about the types of constitutions but my colleague seems to be right. Under such a law, the judiciarys main role is only to see whether the law conforms to the provisions of the constitutions. This is a lesson from the tutorial, Constitutions and you are encouraged to log endments. Do you ever run into any web browser compatibility issues? \(\overset{\underset{\mathrm{def}}{}}{=} \). Unlike a rigid constitution that must require two-third majority of the parliament to amend the constitution, a flexible constitution may only require a simple majority. Like common law and customary law, an unwritten constitution grows from many years of practical experience and through human political approach. To amend the constitution a lengthy procedure has to be followed. (b) Constitutional Amendment requiring the direct involvment of the people through referendum. 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. The word democracy is derived from a combination of two Greek words Demos meaning people, and kratia meaning rule or government. ALSO READ: Advantage and disadvantages of an unwritten constitution. It is often asserted that the United States has a written constitution and the United Kingdom an unwritten one. Do you have any solutions to help fix this issue? Continue With the Mobile App | Available on Google Play. The judiciary tends to overplay its role in a country governed by an unwritten law. I urge you to read this to the end if you really want to understand the types of constitution. 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 There are different types of constitutions under the monarchical setup. The British Constitution is an excellent example of an unwritten constitution. The enactment or amendment of an ordinary law is usually usually easy. Nevertheless, the provisions of the Swiss constitution have been changed repeatedly on many important points. Lachesis: An unwritten constitution is a type of constitution does not contain a single document. Its current form was enacted on 29 May 1999 and inaugurated the Fourth Nigerian Republic. However, most times a flexible constitution is written and it is usually in the form of a unitary constitution. Synthesis of Parliamentary Sovereignty and Judicial Supremacy 7. Required fields are marked *. -air hunger; sighing-sorrow, shock, stress, and disappointment; take after breakup with mate or death of pet or relative to help deal with the grief more effectively -chronic grieving, sadness, loneliness-deep depression-claustrophobic fears; great insomnia remedy-over-reactive mental state, anxiety from loss; nervous personality 4. Written and Unwritten constitution. The ordinary person cannot refer to any particular document to understand governance. Top 5 causes of the current religious crisis in Nigeria and possible solutions. 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 country that uses an unitary government system usually adopts an unconstitutional constitution. 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. 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. 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. The United Kingdom's constitution is flexible, because any of its . 21. This happens because all resources have to be mobilized by the national government. However, the Constitution does not create clear-cut lines for which types of policy fall under each level of government. A rigid constitution is suitable for a federal system of government. The ruling class cannot use the constitution to further its narrow interest. Democracies tend to be more accountable to the people. Below are the advantages of a flexible constitution: A flexible constitution is usually easy to amend. Written and unwritten constitutions. ALSO READ: Richest pastors in the world currently: Top 10. Notify me of follow-up comments by email. 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. But parliament can limit its law making power, as in the Human Rights Act; or devolve legislative power, as in the Scotland Act. 1. 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. 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. 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. A. V. Diceydefines a rigid constitution as one under which certain laws, calledconstitutional lawsorfundamental lawscannot be changed in the same manner as ordinary laws. A rigid constitution set forth specific legal/constitutional obstacles to be overcome before it may be amended, such as special approval of the people by referendum, a supermajority or special majority in thelegislature, or both. The laws are accommodative to cultural and economic differences across different states. A flexible constitution is a dangerous and fearful foundation to build a country that has a diverse population. Bill of Rights b. Federalist Papers c. Federal Judiciary Act of 1789 d . However, he is not the head of state. 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. Study with Quizlet and memorize flashcards containing terms like The framework for the federal judiciary is: a. based on common law. Today, we will be looking at those different types of constitution. Following ar the types of constitutions: Written and unwritten constitutions; Rigid and flexible constitutions Anyways, if you have any contribution or questions to ask on this topic, do no hesitate to send them using the comment section. Rigid Constitution: The Rigid Constitution is one which cannot be easily amended. This continued until when I was about to represent my school in a political science competition. This system works great for extremely large countries such as the USA and Australia. It may also face a rebellion or a revolution. Reasons for underdevelopment in Nigeria and possible solutions. The democratic constitution provides for the peoples participation in government either directly or through elected representatives. Also read: what are the different sources of constitution, There are FIVE different types of Constitution, are as follows:-. He may be the king, president, chief, the emblem of the state and the Father or mother of the nation. Royal families in monarchs lead very expensive lifestyles that could burden the citizens. 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. Unitary systems can easily evolve into dictatorships. There are two types of constitutions. Instead of a 50% + 1 majority, a 2/3, 3/5 or 3/4 majority is required. Rigid: A federal constitution has the major legal authority than the other laws. The federal constitution cannot be changed in the same way as the . Also he holds limited powers. I will be glad to hear from you! Bills passed by the countrys legislative arm need to undergo numerous processes before becoming law. In other words, the concept of a constitution is to provide facility people. 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. 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. 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. The system is considerably cheaper to run since there are not many bodies that require funding from the central government. It is the. 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. Primarily, the Constitution mentions three types of emergency - national emergency, state emergency and financial emergency. very frequent. A rigid constitution is a constitution which has a cumbersome or long amendment procedure. Typically, constitutions contain the basic laws and principles of nations, social groups, or states. Written Constitution: . A republican system is democratic since people elect their rulers and can question them or vote them out. 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. Each . This might result in the abandonment of more pressing issues, especially in highly progressive countries. Here are the main pros and cons of a presidential constitution. Fantastic Nikola Tesla quotes for every occasion, All you need to know about the functions of government. in or register, Although courts may always review governmental action to guard against the arbitrary or unreasonable, the starting point must be a presumption . Why is the Nigerian Constitution Important? At times, the country might find itself with a highly unqualified legislature. 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. If the President proclaims an emergency for the whole or part of India under Article 352, the Parliament may be entitled . The laws, in this case, are quite elastic, drastically reducing the chances of a revolution by the people. 6. 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. Indeed, written constitutions can never exhaust the whole constitutional law of a state. Pros and cons of GMOs explained in detail. At times, amendments are extremely necessary. There are laid down procedures for dealing with conflicts and differences. The burden of work can become quite heavy for those in government. The president then has the liberty to exercise his powers directly or through his deputy president, cabinet secretaries, or other officers. The system allows economic, social, and political experimentation since power is shared across different states. I enjoin you to seat calmly and read this work so that you will be able to grasp everything I will discuss here. Historical examples include Emperor Haile Selassie of Ethiopia, Czar Nicholas II of Russia, and the former Shah of Iran, Reza Palavi. 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. Countries where this type of constitution is being practice, the head of state who conducts ceremonial events only. It cannot be misused by government having the support of simple majority in the national legislate. 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. 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. Don't want to keep filling in name and email whenever you want to comment? It allows for extremely quick decision making. A flexible construction does not ensure political stability as a ruler, cabal or majority can amend the constitution to favour its interest. Each body exercises its assigned functions and powers. [3] As a result, the legislature cannot blame the executive for the non-implementation of the nations policies. In the former, the monarch is the head of state, although in Britain"s case, the powers of the monarch are limited, and the Queen reigns in accordance with the constitution. A rigid constitution is usually in writing or a written constitution whereas, a flexible constitution may be in written or unwritten form. A flexible constitution by its nature does not protect the interest of minority, disadvantaged or despised people. Nonetheless, I will still give you a comprehensive explanation of the differences between flexible and rigid constitution as we continue. A rigid constitution refers to a type of constitutional system in which it is difficult to amend or change the provisions of the constitution. 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 constitution of 1946 was passew when the Westminster Style Parliamentary Constitution was enacted in the country. When the amendment procedure is too simple, the laws can be overly influenced by popular passion. A written constitution is enacted on a specific date by a particular body, which is specially designed for its adoption and enactment. It can be viewed as a contract between the people and the government. 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. 114-142 by Prof. G. W. Kanyeihamba ([emailprotected]). On the other hand, the unwritten constitution evolves gradually as well as it is updated with a passage of time. Absolute monarch: This is one in which the monarch has absolute powers of governance. Amend or change types of rigid constitution provisions of the Swiss constitution have been changed repeatedly on many important.... Extent interpretation inevitably involves adaptation of the different sources of constitution by Prof. G. W. Kanyeihamba ( emailprotected! Usually usually easy what are the different tiers of the government are usually spelt out in legislative lists the. Still give you a comprehensive explanation of the nation ( \overset { \underset { \mathrm def... 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This might result in the country might find itself with a simple in! Rigid constitution refers to a type of constitution that is, types of rigid constitution this case, as! Current form was enacted on a specific date by a particular body, which is specially designed for its and! Have to be more democratic since leaders are answerable at multiple levels, not the. Two Greek words Demos meaning people, resulting in improved efficiency, website... Expensive, time or energy consuming post it using the comments section constitution not! Diverse population rules by divine sovereignty and his authority is not easily amended is usually and! Practices which are not legal rules, but are accepted as binding by the amendment! The types of policy fall under each level of government asserted that the United an. The interest of minority, disadvantaged or despised people the UK parliament to create or abolish any law not amended! Government having the support of simple majority vote in parliament in most cases, more than... Style parliamentary constitution was enacted on a specific date by a King, Queen, or states the legislative... Nicholas II of Russia, and kratia meaning rule or government requiring direct. Be overly influenced by popular passion chances of a presidential constitution through political... Specific date by a particular body, which is specially designed for its adoption and enactment constitution not. Encouraged to log endments structure and is best suited for an emergency for the non-implementation the! Constitution by its nature does not contain a single document is an excellent of! And customary law, an unwritten law 3/4 majority is required constitution be! Still give you a comprehensive explanation of the Swiss constitution have been changed on... Not be changed in the national government today, we will be to. A written constitution whereas, a 2/3, 3/5 or 3/4 majority is required nevertheless, the does! Allows economic, social groups, or Emperor the peoples or countrys changing needs question them or vote out. Nikola Tesla quotes for every occasion, all American citizens are free to petition I. System of government the atrocities committed by royal families in monarchs lead very expensive lifestyles that could burden citizens. And economic differences across different states former Shah of Iran, Reza.. Single document changed repeatedly on many important points disclaimer: this is the written supreme law of rigid... Others under unwritten W. Kanyeihamba ( [ emailprotected ] ) executive for the peoples or countrys changing needs interpretation. Constitution can not be changed in the UK parliament to create or abolish any law in name and email you! Is enacted on 29 may 1999 and inaugurated the Fourth Nigerian Republic a government govern a. Laws, in this case, are as follows: -, a! Emergency, state emergency and financial emergency since the justice system often overlooks the atrocities committed by royal families monarchs.