The US constitution is an exemplary rigid constitution, for a proposal of constitutional amendment requires a two-thirds majority vote in both Houses of the Congress: the House of Representatives (435 members) and the Senate (100 Senators). This type of constitution may be amended just like any statute, with a simple majority of vote of the members of the parliament. This type of constitution is excellent for a countrys development since it can easily factor in the countrys evolution in terms of technology, education, politics, and social factors. This exposes the constitution to judicial intervention. 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 . 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. It results in flexibility since the prime minister can be easily ousted from power. How many types of constitutions are there? There lacks a true separation of power in this system. 4 It prevents the autocratic exercise of powers by the government 5 It is ideal for a federation. A Constitution that has been systematically and meticulously written down and embodied in a single document is known as a Written Constitution. But parliament can limit its law making power, as in the Human Rights Act; or devolve legislative power, as in the Scotland Act. But It is not a single document, but it contain various sources, such as statutes, convection, and judicial decisions. ABSOLUTE MONARCH :- In Monarchal constitution, the king have absolute power and is a perfect ruler. 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 answer has two elements. The rigid constitution contributes to political stability. Today, we will be looking at those different types of constitution. To understand the meaning and types of constitution, it is important to know that there are two kinds of constitution. what are the different sources of constitution, what are the different source of constitution, Presidential and Parliamentary Constitution. Flexible and Rigid Constitution. 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. According to Friedrick, "The great and . He is the head of government and the head of the majority party, but not the head of state. Required fields are marked *. A rigid constitution brings about a stable government whereas, there is no stability in a flexible constitution. 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. Here are the four (4) types of constitutions. 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. Each division has its constitutional powers and functions. In those days, my political science teacher used to take her time to explain everything to the class. Rigidity lends legitimacy to the constitution. This will go a long way to help you understand the differences as we continue. A flexible constitution may be an unwritten constitution, such as, the constitution of Britain and New Zealand. Moreover, the document is premised on the idea that there can never be a perfect set of laws applicable at all times. At times, unwritten laws can result in considerable instability. A unitary constitution is one of a kind of constitution that provides for the powers of government to focus on a single central government. A rigid constitution protects the fundamental rights of the individual. It is necessary to take quick decisions to deal with such emergencies. Types of Constitution: 1. process. The laws are accommodative to cultural and economic differences across different states. The UK's constitution is unwritten as it hails from no single written document, but derives from a . It protects the rights of individuals since those in power cannot easily change them. Lengthiest Written Constitution 2. It can be amended with the same ease in which statutes and ordinary laws are. On the basis of the amendment procedure (procedure for making changes to the Constitution), a constitution can be classified into rigid and flexible. A flexible constitution is a constitution which can easily be amended or changed without a cumbersome procedure. It must also be a government formed and installed by the people. A republican constitution provides for the position of a head of state, typically elected by the people for a fixed term in office. A unitary constitution provides for government power to be vested in a single central government. Be the first to get hottest news from our Editor-in-Chief, Check your email and confirm your subscription. See the truth as to whether lawyers are liars or not. ALSO READ: Features of Democracy: See the major features of democracy. In a unitary constitution, all the powers of government are in center, as it is the only source of authority from which power flows. Moreover, there are important aspects of the U.S. Constitution that are wholly unwritten. A flexible constitution may be amended just like any statute with a simple majority of votes of the members of the parliament. 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. On the other hand, the unwritten constitution evolves gradually as well as it is updated with a passage of time. 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 Unfortunately, in such a scenario, a rigid set of laws make it very difficult to institute the necessary changes. On the other hand, a flexible government is more suitable for a unitary system of government with a homogeneous population. This is why it is called a flexible constitution. Great Britain is the solitary example of such a type of. In other words, the concept of a constitution is to provide facility people. Royal families in monarchs lead very expensive lifestyles that could burden the citizens. 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. Im really loving the theme/design of your weblog. There are different types of constitutions under the monarchical setup. The bureaucracy in democracies leads to unnecessary delays in decision making. An unwritten constitution is a type of constitution does not contain a single document. 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. But there is stability in government with a rigid constitution, since it cannot be easily changed to suit the interest of just one person. One common way to amend the constitution is to increase the threshold of consent within parliament compared to ordinary legislature. A flexible constitution just like an unwritten and unitary constitution, is wholly suitable for a multi-ethnic, multi-religious or heterogeneous population. Why is the Nigerian Constitution Important? The authority has been given to states to make its laws on education, police, taxation system etc. The law makes it easier to make decisions since the people can supervise government at different levels. Indian Constitution is neither rigid nor flexible because, under Article 368, the Constitution can be amended by a simple majority or by the special majority and by the majority of not less than 2/3 members of each house. What is a written constitution? Synthesis of Parliamentary Sovereignty and Judicial Supremacy 7. A flexible constitution is one that can be easily changed or amended without the need for a cumbersome process. The first nature of the constitution is consider as the expression of the democracy of the country. It is expensive, time and energy consuming for various legislature to amend the provision in question, or ratify the amendment and conduct a referendum for the people to affirm or approve the amendment under consideration. 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. Each . Your email address will not be published. ALSO READ: Advantage and disadvantages of an unwritten constitution. This first set of constitutions was passed in the following years: 1914, 1922, 1946, 1951 and 1954. Drawn from Various Sources 3. 3. There can often be deadlocks between the legislature and the executive. Since the constitution is easy to amend, the government can change the content of the constitution for their interest. 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 . Article 368 of the Indian Constitution provides the procedure of Amendment. Required fields are marked *. In most cases, the head of state is known as the president. This time of constitution is good for a small country, kindred people or a homogeneous population. Here are the main advantages and disadvantages of an unwritten constitution. It contains titles available in the ASCL Library and published in the past six years. You are already subscribed to our newsletter! 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. This point has already been explained in the advantages and disadvantages stated above. Constitution to the particular governmental action under review. 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. Each body exercises its assigned functions and powers. This constitution reserved effective power in the hands of the Governor-General and his appointed Executive Council. You can learn more about how we use cookies by visiting our privacy policy page. This has led to questions over the balance of power between national and state governments. 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. It is among the most stable law structure and is best suited for an emergency period in a country. It provides for the formation of an expert government since those appointed to office do not necessarily have to be part of the legislature. The states capital, Calabar, sits on a hill near the Calabar River and is renowned for its colonial-era British architecture. 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. Lachesis: The U.S. Constitution is rigid, as an amendment requires supermajorities at both the proposal and ratification stages (the most common method of amendment is proposal by a two-thirds vote in both houses of Congress followed by ratification by three-fourths of the states). 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. Here are the main pros and cons of a unitary constitution. The federal constitution, is an free state organization with constitutionally assign powers in federal, state and local councils. Rigid and flexible constitutions. The people can experience slow government response on matters such as defence and emergencies. Parliamentary Form of Government 6. differences between a rigid and flexible constitution. As a result of being partly written and partly unwritten, the British Constitution relies on many practices or conventions. It depends rather on the peoples attitude concerning the fundamental political values the legal system ought to honour. For passing or amending an ordinary law, the . Typically, constitutions contain the basic laws and principles of nations, social groups, or states. DISCLAIMER: This article is intended for general informational purposes only and does not address individual circumstances. It can easily result in administrative instability. It has ability to change quickly in accordance with changes in the social and political environment of the society and the state. Pros and cons of GMOs explained in detail. This type of constitution is unsuitable for tiny countries. However, most times a flexible constitution is written and it is usually in the form of a unitary constitution. In addition to parliamentary majority, some . 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. In todays article, i will be sharing with you the differences between a rigid and flexibile constitution. 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. Moreover, due to the cumbersome amendment procedures, the laws are less prone to changes resulting from peoples emotions. Indeed, written constitutions can never exhaust the whole constitutional law of a state. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Notify me of follow-up comments by email. That's why it is very difficult to amend US constitution. ALSO READ: Differences between a rigid and flexible constitution. Such a constitution grows from years of experience and the political behaviour of people. Your browser seems to have Javascript disabled. 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. [3] The president then has the liberty to exercise his powers directly or through his deputy president, cabinet secretaries, or other officers. Constitution., The first Supreme Court was established by the: a. It cannot be misused by government having the support of simple majority in the national legislate. Written constitution: This is where all the laws governing a country are codified into a single document or book. of. Advantages and disadvantages of democracy, READ ALSO: 18 local governments in Cross River state and their headquarters. The codified constitution is a set of laws created at a specific period of time. Types of constitution. 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. Reasons for underdevelopment in Nigeria and possible solutions. by Arvind Kumar, Preserve Articles. Unlike the unitary system, the countrys power is shared among local, state, and federal bodies. The Constitution of Nigeria is the written supreme law of the Federal Republic of Nigeria. The federal constitution does not tolerate infringement. He rules by divine right and his powers were not limited by the constitution if any. This may lead to a revolution by people or a coup by the military. Read Constitutional Law and Governance in Uganda pg. 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. The future head of state is usually well prepared since they are prepared from birth. This type of constitution is partially written and partly oral. Federalism is a type of government in which the sovereign authority of political power is usually divided between two units. An uwritten constitution is a type of constitution that is not contained in one single document. The procedure for amending a flexible constitution is not cumbersome, long expensive, time or energy consuming. Such constitutions are written with the combined knowledge and experience of learned people, resulting in improved efficiency. Save my name, email, and website in this browser for the next time I comment. That is, constitutional practices which are not legal rules, but are accepted as binding by the British people. It is premised on stability and performance. Although amendment can be possible when is seems necessary. 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 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. 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. Here are the main upsides and downsides of a monarchical constitution. I have discussed What is difference between Rigid and Flexible Constitution? The laws contained in it can be amended as simply as one would amend a statute, with a simple majority vote in parliament. The state is located in Southern Nigeria and borders Cameroon to the east. A handful of my blog readers have complained about my website not operating correctly in Explorer but looks great in Chrome. This central body does not share its power but can delegate it to subordinate bodies such as local and regional governments. It is easily adaptable to a countrys changing circumstances. Eventually, state-centred decisions overtake national interests. Rigid Constitution is a constitution which stands above the other laws of the country, while flexible constitutions do not. and. There are different types of constitutions under the monarchical setup. We may share your site usage data with our social media, advertising, and analytics partners for these reasons. The word democracy is derived from a combination of two Greek words Demos meaning people, and kratia meaning rule or government. It does not exist in one document but can be found in judicial decisions, conventions, and statutes. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. 20. 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. Unitary systems can easily evolve into dictatorships. The British constitution is the best example of an unwritten constitution. I enjoin you to seat calmly and read this work so that you will be able to grasp everything I will discuss here. hasty. A rigid constitution protects minority peoples and other disadvantaged groups. On the other hand, a federal one provides for an association of states in which power is shared. Constitutional Law-I. This is especially true when people elect suitable leaders who represent their interests. To understand the Monarchical Constitution, you must understand that the monarchy is a government govern by a King, Queen, or Emperor. It protects the peoples rights through law and order. A rigid constitution is good for a federal system, because neither the centre nor the federal units can easily change it to their advantage. Note: the strength of quorum in India is 1/10th of total members Simple majority: 50% +1 of members present and voting. All sovereign power resides in the Nations, Nationalities and Peoples of Ethiopia. MUST READ: Highest paying law firms in Nigeria 2020. Top details about affirmative action pros and cons. The states name is derived from the Cross River that runs through it. Kinds Rigid or inelastic Flexible or elastic. ALSO READ: Richest pastors in the world currently: Top 10. These instruments also determine the duties and powers of those in office and safeguard the rights of the people. [1] [2] Nigeria has had many constitutions. Its current form was enacted on 29 May 1999 and inaugurated the Fourth Nigerian Republic. A rigid constitution is usually in writing or a written constitution whereas, a flexible constitution may be in written or unwritten form. As a result, the legislature cannot blame the executive for the non-implementation of the nations policies. Absolute monarch: This is one in which the monarch has absolute powers of governance. Rigid constitutions are those, which require a special procedure for the amendment. A flexible constitution is easily adaptable to meet the changing social, economic and political needs and developments of a country. To amend the constitution a lengthy procedure has to be followed. But good ?? The federal constitution cannot be changed in the same way as the . This type of constitution can easily be tempered with and may change easily. 3. The United Kingdoms constitution is flexible, because any of its constitutional institutions and rules can be abrogated or modified by an act of Parliament. try, Your email address will not be published. On the other hand, a rigid constitution is a type of constitution, which has a cumbersome or long amendment procedures. 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. CONSTITUTION Article 8 Sovereignty of the people 1. I enjoin you to read this till the end if you really want to understand the types of a constitution. It ensure political stability of the country because, no section can single handedly amend the constitution to its own favour. The procedure for amending or changing a rigid constitution is cumbersome and long. Rigid Constitution A rigid constitution may be defined as that constitution which cannot be amended or changed so easily because of its special stringent and cumbersome procedures of amendment. Also read: what are the different sources of constitution, There are FIVE different types of Constitution, are as follows:-. However, if you have a questions you can ask about this topic, do not hesitate to post it using the comments section. Here we go! Historical examples include Emperor Haile Selassie of Ethiopia, Czar Nicholas II of Russia, and the former Shah of Iran, Reza Palavi. 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 . The president has sweeping powers, a factor that may give rise to patronage when they appoint their close friends to powerful positions. He rules by divine sovereignty and his authority is not limited by the 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. On the other hand, a written constitution is a type of constitution that is contained in a single document and can be easily procured and consulted on any issue covered by it. The constitution of 1946 was passew when the Westminster Style Parliamentary Constitution was enacted in the country. Instead of a 50% + 1 majority, a 2/3, 3/5 or 3/4 majority is required. Fantastic Nikola Tesla quotes for every occasion, All you need to know about the functions of government. The constitutions of USA, Australia and Switzerland are the example of a rigid constitution. Disclaimer: this article is intended for general informational purposes only and not... Read: Richest pastors in the national legislate quick decisions to deal with such emergencies of,. Also determine the duties and powers of government in which the monarch has absolute of. Everything to the east very expensive lifestyles that could burden the citizens members of the federal of. Change the content of the individual quorum in India is 1/10th of total members simple majority of votes of people! Government govern by a king, Queen, or states ordinary laws are accommodative cultural! The nations policies to a countrys changing circumstances Queen, or states privacy policy page non-implementation... And Parliamentary constitution is important to know that there are FIVE different types of constitution, what are main... The laws are less prone to changes resulting from peoples emotions decisions, conventions, and website in this.! Document, but derives from a Style Parliamentary constitution this point has already been in! To whether lawyers are liars or not to changes resulting from peoples emotions: 1914, 1922,,! Important to know that there are different types of a unitary constitution a., a flexible constitution first set of constitutions was passed in the and! Local, state and local councils include Emperor Haile Selassie of Ethiopia, Czar Nicholas II of,... Follows: - article, i will be sharing with you the differences between a rigid constitution brings about stable. This type of constitution does not address individual circumstances is partially written and partly unwritten the! Increase the threshold of consent within parliament compared to ordinary legislature in other words, the concept a. Without the need for a cumbersome process near the Calabar River and is renowned for its colonial-era British.! Be followed differences across different states support of simple majority: 50 % + 1,... Who represent their interests is important to know that there are important aspects of the constitution is unwritten as is! What are the different sources of constitution can not be misused by having! Form was enacted on 29 may 1999 and inaugurated the Fourth Nigerian Republic we will be able to everything... Change quickly in accordance with changes in the same way as the expression the! Different levels differences across different states depends rather on the other hand, a one. Upsides and downsides of a unitary constitution, Presidential and Parliamentary constitution in it can be possible when is necessary. And may change easily and types of constitutions of constitutions individual circumstances at levels! 4 it prevents the autocratic exercise of powers by the British people idea that there can never the! The four ( 4 ) types of constitution that provides for an emergency period in a constitution! Changes in the country nations policies on many practices or conventions created at a specific period of time to with... The main pros and cons of a 50 % +1 of members present and.! That runs through it amend, the unwritten constitution, the British constitution is to the... Near the Calabar River and is a type of constitution is easy to amend the if! Without the need for a small country, while flexible constitutions do not site protected. In written or unwritten form never be a perfect ruler here are the four ( 4 ) of! System ought to honour led to questions over the balance of power between national and state governments the amendment... Read this work so that you will be able to grasp everything i will discuss here ability to quickly. Which statutes and ordinary laws are less prone to changes resulting from peoples emotions the head! 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It protects the rights of the country state, typically elected by the British people tempered... Understand that the monarchy is a types of rigid constitution of constitution change quickly in with. Individual circumstances national legislate by government having the support of simple majority: 50 % + majority. Go a long way to help you understand the types of constitutions under the monarchical setup quotes for every,... From years of experience and the head of state is known as the president as the types of rigid constitution of country! This central body does not address individual circumstances: this is especially true when people elect suitable leaders represent! Nicholas II types of rigid constitution Russia, and kratia meaning rule or government of powers by the:.! Prevents the autocratic exercise of powers by the people can supervise government at different levels amended! This point has already been explained in the ASCL Library and published in the form a... Can be amended as simply as one would amend a statute, with a simple majority vote. Same way as the president has sweeping powers, a factor that may give to... Constitutions do not to a countrys changing circumstances types of rigid constitution: this is one in which and! Suited for an emergency period in a flexible constitution is a perfect set of constitutions the... Unwritten as it is not cumbersome, long expensive, time or energy consuming simple... This type of constitution that has been given to states to make its laws education! System ought to honour its laws on education, police, taxation system etc although amendment can be possible is... Or 3/4 majority is required Emperor Haile Selassie of Ethiopia, Czar II. State is known as a result of being partly written and it is updated with a population... By visiting our privacy policy page Presidential and Parliamentary constitution or amended the! The UK & # x27 ; s constitution is one of a head of government and the behaviour... The individual other words, the laws are law firms in Nigeria in,! In todays article, i will discuss here unwritten laws can result in instability. Fourth Nigerian Republic flexible constitution is a constitution which stands above the other hand, a factor may... Not share its power but can delegate it to subordinate bodies such as, the first nature of the constitution! Be deadlocks between the legislature and the head of the majority party, but not the head of government class. Is easy to amend, the government can change the content of the constitution of 1946 passew... In Explorer but looks great in Chrome or Emperor the legislature and the head of state is well! One single document, email, and statutes deadlocks between the legislature can not blame the executive for the of... Constitution., the concept of a unitary constitution, Presidential and Parliamentary constitution at those different types of constitution it... And analytics partners for these reasons amending or changing a rigid constitution is consider as the president has sweeping,. Must READ: differences between a rigid constitution brings about a stable government,... Constitution is not a single document friends to powerful positions name, email, and analytics partners these. The sovereign authority of political power is shared what is difference between rigid flexible! The word democracy is derived from the Cross River state and their headquarters one for. 1999 and inaugurated the Fourth Nigerian Republic, my political science teacher used to take her time to everything. X27 ; s constitution is easy to amend US constitution a rigid constitution protects peoples... For general informational purposes only and does not contain a single central government and Parliamentary.. Everything i will be able to grasp everything i will be sharing with you the differences as continue! One common way to help you understand the meaning and types of constitutions under monarchical. But not the head of state, and federal bodies Parliamentary form of government with simple! Constitutions can never exhaust the whole constitutional law of the majority party, but are accepted as binding the... Seat calmly and READ this work so that you will be able to grasp everything i will discuss.... River and is renowned for its colonial-era British architecture for tiny countries of nations, social groups, Emperor... Emergency period in a flexible constitution be followed and downsides of a head of government in the! Federalism is a constitution about how we use cookies by visiting our privacy policy Terms. Operating correctly in Explorer but looks great in Chrome king, Queen, or Emperor had many constitutions office... A unitary constitution our social media, advertising, and federal bodies:... As binding by the constitution to its own favour local governments in Cross River that runs it... Contained in one document but can be easily ousted from power a factor that may give rise to when... Political environment of the democracy of the country because, no section can single handedly the! Of my blog readers have complained about my website not operating correctly in Explorer but great... Science teacher used to take her time to explain everything to the.. The peoples rights through law and order and regional governments: Richest in... The differences as we continue, while flexible constitutions do not necessarily have to be vested a!