1. From what we have discussed above, I strongly believe that you understand what a constitution is and you can explain the types of constitution to anyone. Today, we will discuss those different types of constitution. The democratic constitution provides for the peoples participation in government either directly or through elected representatives. -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. I will be glad to hear from you! 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 . Also read: what is rule of law in constitution. It helps to ensure that amendment that is made to the constitution will be duly deliberated before it is made. There are laid down procedures for dealing with conflicts and differences. The need for amendment may be very urgent for country, but the attempt to amend a rigid constitution may fail. However, most times a flexible constitution is written and it is usually in the form of a unitary constitution. As the procedure of amendment of a rigid constitution is very difficult, it causes problems for the country. This results from a phenomenon known as race-to-the-bottom in which states compete to attract investments by lowering taxes. However, the procedure for amending a rigid constitution may include an absolute majority. 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. Your email address will not be published. Only under rigid constitutions is it possible to establish institutional controls to ensure the conformity of legislation with the principles considered indispensable for the well-being of the community. and. ALSO READ: Features of Democracy: See the major features of democracy. It, therefore, leaves room for possible changes. Required fields are marked *. Under such a law, the judiciarys main role is only to see whether the law conforms to the provisions of the constitutions. Difference between written and unwritten constitution 2. This continued until when I was about to represent my school in a political science competition. Constitution is believed to be two types written and unwritten, then these two have various classification such as Rigid, Flexible etc but here you listed them as types of constitution. At its most basic, a constitution is an instrument that embodies the rules of a social, legal or political organization. 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. This is one of the major advantages of a flexible constitution you should know. [Persons entitled to apply to be registered as Citizens] (1) Any person who -- (a) has attained the age of twenty-one years; or On the other hand, a written constitution is among the three main types of constitutions and is contained in a single document and can be easily consulted on pretty much every issue contained therein. The word democracy is derived from a combination of two Greek words Demos meaning people, and kratia meaning rule or government. It cannot be misused by government having the support of simple majority in the national legislate. Register or login to make commenting easier. The law makes it easier to make decisions since the people can supervise government at different levels. Eventually, state-centred decisions overtake national interests. Every codified constitution has uncodified elements. We use cookies and similar technologies to ensure our website works properly, personalize your browsing experience, analyze how you use our website, and deliver relevant ads to you. This may encourage the rise of dictatorship, as a person, or a cabal with dictatorial propensity may amend it to advance such desires. A good example of a country with a written constitution is the United States. The first nature of the constitution is consider as the expression of the democracy of the country. The people can experience slow government response on matters such as defence and emergencies. what are the different sources of constitution, what are the different source of constitution, Presidential and Parliamentary Constitution. Today, we will be looking at those different types of constitution. A presidential constitution is, in which all administrative powers are vest by the president of the country. You are already subscribed to our newsletter! Such procedures often involve a two-thirds vote in parliament, popular vote by the people or ratification through a referendum. 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 . Lengthiest Written Constitution 2. 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 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. 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. 114-142 by Prof. G. W. Kanyeihamba ([emailprotected]). 2023: Why zoning, experience, others should be a factor in Akwa Ibom politics by Godwin Edoho. Save my name, email, and website in this browser for the next time I comment. The best example of this is the British constitution. A Constitution that has been systematically and meticulously written down and embodied in a single document is known as a Written 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. 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 . Constitutions are widely classified into two categories, firstly written and unwritten ; and secondly, rigid and flexible. Does the constitution provide for a separation of powers? It fails to keep pace with the changed social, economic and political conditions of the country. A true democratic government must be a government made up of the generality or representatives of the people. Note: the strength of quorum in India is 1/10th of total members Simple majority: 50% +1 of members present and voting. 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. \(\overset{\underset{\mathrm{def}}{}}{=} \). A unitary constitution provides for government power to be vested in a single central government. 3. The ordinary person cannot refer to any particular document to understand governance. Typically, this type of law is rigid but can still be amended when necessary. It will be nice to hear from you! Its method of amendment is difficult. The written constitution can be of three types rigid, flexible or the combination thereof. RIGID CONSTITUTION: Rigid constitutions are those, which require a special procedure for the amendment. A country that uses an unitary government system usually adopts an unconstitutional constitution. He also implement all the laws enact by the current parliament. Meanwhile, I would love to hear your contributions to this article. Reasons for underdevelopment in Nigeria and possible solutions. 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. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. A country may encounter different kinds of disasters like earthquakes and cyclones. Although it can actually be amended when found necessary. I urge you to read this to the end if you really want to understand the types of constitution. To understand the meaning and types of constitution, it is important to know that there are two kinds of constitution. For federal governments, a written constitution provides for the separation of central and federal power. Method 1: Congress Proposes an Amendment. The British Constitution is an excellent example of an unwritten constitution. In this type, the constitution may be written or mainly based on agreements. This is where I am going to drop my pen on this topic. That is, constitutional practices which are not legal rules, but are accepted as binding by the British people. See the truth as to whether lawyers are liars or not. 2. He is the head of government and the head of the majority party, but not the head of state. The states capital, Calabar, sits on a hill near the Calabar River and is renowned for its colonial-era British architecture. 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. Not all monarchs are competent leaders. In other words, the concept of a constitution is to provide facility people. 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. 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. ALSO READ: How to become a successful lawyer: 7 Important Qualities. ADVERTISEMENTS: what are the differences between rigid and flexible Constitution. The Rigid Constitution is a type of constitution that is not easily amended. 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. More-recent written constitutions are generally longer and encompass a wider range of rights accorded to citizens. Cookies are small files that are stored on your browser. (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.) 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. This type of constitution may be amended just like any statute, with a simple majority of vote of the members of the parliament. Kindly take note of this. [3] The word democracy is derived from two Greek words, demos and kratia. The former means people while the latter means government or rule. Supremacy of Constitution: The central and state governments must obey the constitution. Although the amending process in the United States is difficult, it is easier than the process in other countries with rigid constitutions. Absolute monarch: This is one in which the monarch has absolute powers of governance. This exposes the constitution to judicial intervention. Anyways, if you have any contribution or questions to ask on this topic, do no hesitate to send them using the comment section. The laws reflect a nations historical continuity. Areas neglected for political reasons can be left out of development agendas. Democracy is a government of the people, who participate in government either directly, or through representatives. Fantastic Nikola Tesla quotes for every occasion, All you need to know about the functions of government. A flexible constitution is a constitution which can easily be amended or changed without a cumbersome procedure. 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. Continue With the Mobile App | Available on Google Play. The judiciary. A republican system is democratic since people elect their rulers and can question them or vote them out. For this type, constitutional law can be amended in the same way as ordinary law. thanks very much for the above submissions on constitution. It contains titles available in the ASCL Library and published in the past six years. Federalism is the distribution of power between the federal government and state governments. 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. The Constitution recognizes, grants and guarantees 34 rights of the people-The Rights of Human Dignity, Equality, Religion and Customs, Freedom of Expression, Freedom of Media, Association, Domicile, Property, Economic Freedom, Judicial Protection, Citizenship and Political Rights. Notify me of follow-up comments by email. Defects of Unwritten Constitutions :-Unwritten constitutions, like those of the rigid type, have elements of weakness. Countries that have rigid constitution includes: United States, Canada, France, Ghana, Nigeria, Sierra Leone, South Africa etc. The federal constitution does not tolerate infringement. Federations tend to be more democratic since leaders are answerable at multiple levels, not only the top government. The rigid constitution contributes to political stability. Here we go! Each . Types of Constitution: 1. It results in flexibility since the prime minister can be easily ousted from power. Last but not the least the other type of Constitution is Rigid & Flexible Constitution, the best example of rigid Constitution is USA constitution and that's why it is very difficult to amend the US constitution. 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. 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. The procedure for amending a flexible constitution is not cumbersome, long expensive, time or energy consuming. 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. try, Your email address will not be published. The burden of work can become quite heavy for those in government. The powers of the different tiers of the government are usually spelt out in legislative lists of the federal constitution. There is no democracy in a monarch since the head of state is not elected. ALSO READ: Richest pastors in the world currently: Top 10. Since the presidents tenure is fixed, the country has more stability since it is highly unlikely to have an unplanned shift in power. Unitary systems can easily evolve into dictatorships. 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. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. The United Kingdoms constitution is flexible, because any of its constitutional institutions and rules can be abrogated or modified by an act of Parliament. The future head of state is usually well prepared since they are prepared from birth. Constitutions worldwide are categorized into different types on the basis of their physical form and the procedure laid down to make changes in them. What do you know about the main top types of inflation? Indeed, written constitutions can never exhaust the whole constitutional law of a state. The system is not very stable since the prime minister does not have a fixed term. He rules by divine right and his powers were not limited by the constitution if any. This has led to questions over the balance of power between national and state governments. Your email address will not be published. It protects the peoples rights through law and order. However, he is not the head of state. Constitutional law in countries with flexible constitutions does not have to be unstable or constantly in flux. 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. A rigid constitution cannot be easily amended. We're sorry, but in order to log in and use all the features of this website, you will need to enable JavaScript in your browser. It is formulated and adopted by a constituent assembly or a council or a legislature. The others are classifications of constitutions not types because you may find that some may be categorized under written and others under unwritten. On the other hand, the unwritten constitution evolves gradually as well as it is updated with a passage of time. 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. There are two types of Amendment procedures. It can be amended with the same ease in which statutes and ordinary laws are. It is important to note that most times, the prime ministers in the cabinet are all members of the same party or coalition equals. In a unitary system, the people only owe their allegiance to one central body of power. I enjoin you to read this till the end if you really want to understand the types of a constitution. It means that the sovereign unit (Centre) and local units . 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. 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. An unwritten constitution is a type of constitution does not contain a single document. Conversely, a federal constitution is one that provides for separate structures of government at the national, state and local councils, with each tier having its own constitutional assigned powers and duties. 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: Differences between a rigid and flexible constitution. 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. To understand the Monarchical Constitution, you must understand that the monarchy is a government govern by a King, Queen, or Emperor. 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. The Constitution is the creature of the State. If and when this attitude changes, the new viewpoint is likely to eventually make its way into the constitution, whether through the amending process and interpretation by the courts under a rigid constitution or through easier legislative procedures under a flexible constitution. in or register, But there is stability in government with a rigid constitution, since it cannot be easily changed to suit the interest of just one person. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. ALSO READ: Advantage and disadvantages of an unwritten constitution. But good ?? A rigid constitution brings about a stable government whereas, there is no stability in a flexible constitution. . Instead of a 50% + 1 majority, a 2/3, 3/5 or 3/4 majority is required. ALSO READ: Differences between a federal and unitary system of government. Bill of Rights b. Federalist Papers c. Federal Judiciary Act of 1789 d . It provides for the formation of an expert government since those appointed to office do not necessarily have to be part of the legislature. Each division has its constitutional powers and functions. A flexible constitution is one that can be easily changed or amended without the need for a cumbersome process. There is less influence from the party system. A rigid constitution allows for careful consideration before any amendment is made to the constitution. In summary, we use cookies to ensure that we give you the best experience on our website. Each body exercises its assigned functions and powers. 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. All names, acronyms, logos and trademarks displayed on this website are those of their respective owners. The United Kingdom's constitution is flexible, because any of its . 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. so that you can track your progress. A flexible constitution is, which can be easily amend or change without a complicate process. This type of constitution is partially written and partially oral. I enjoin you to seat calmly and read this work so that you will be able to grasp everything I will discuss here. constitution. This provision often results in highly contested elections, a potential trigger for violence and rebellion. The constitution can be quite expensive to implement, especially when it comes to electing people into office. It must also be a government formed and installed by the people. There are actually two subdivision of a Monarchical constitution namely: Absolute monarch: This is a type of Monarchical constitution where the monarch has absolute powers and was and absolute ruler. It is a consciously framed and enacted constitution. (b) Constitutional Amendment requiring the direct involvment of the people through referendum. The bureaucracy in democracies leads to unnecessary delays in decision making. Flexible and Rigid Constitution. Here are the main pros and cons of a parliamentary constitution. Nevertheless, the provisions of the Swiss constitution have been changed repeatedly on many important points. The Constitution of Nigeria is the written supreme law of the Federal Republic of Nigeria. However, the procedure for amending a rigid constitution may include a two third majority vote of members of the central government legislature, as well as a two-third majority vote in two-third of the state legislatures in such country, and sometimes ratification by the people in a referendum and so forth. Moreover, due to the cumbersome amendment procedures, the laws are less prone to changes resulting from peoples emotions. Following ar the types of constitutions: Written and unwritten constitutions; Rigid and flexible constitutions A rigid constitution brings about a stable government whereas, there is no stability in a flexible constitution. It can be amended only in special circumstances. Following from the above, It is important to note that, even though there is a generally accepted definition of a constitution, there are different types of constitution. Here are the main advantages and disadvantages of a republican constitution. Organizing and providing relevant educational content, resources and information for students. On the other hand, a parliamentary constitution is a type of constitution where all the executive powers of the government are vested in a Prime Minister, who is the head of government and the head of the majority party, but is not the head of state. A flexible constitution is easily adaptable to meet the changing social, economic and political needs and developments of a country. It can be viewed as a contract between the people and the government. The legislative, executive and judicial powers of government are separated under the Nigerian Constitution. Lachesis: That is, constitutional procedures are not legal rules, but is accept by binding the British people. A republican constitution provides for the position of a head of state, typically elected by the people for a fixed term in office. It can result in an irresponsible executive. Constitutional Law-I. Answer (1 of 19): The Federal Constitution is where the power delegated to the Federal government is limited and defined, "This Constitution defines the extent of the powers of the general government." (Mass. Thus, the principle of the rule of lawroughly the equivalent of the American due process principlehas been an essential element of the British constitution since approximately the late 17th century. 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. Whereas, there may not be an ideal or desirable change of the constitution by the government in a flexible constitution. In the second instance, the constitution is seen as a legal, social and a political contract between the people and the government or those holding public offices. 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Are vest by the government people while the latter means government or rule and encompass a wider range rights. Samuel Chukwuemeka ACMC, is a type of constitution that has been systematically meticulously! An unitary government system usually adopts an unconstitutional constitution the ordinary person can not to. Secondly, rigid and flexible constitution is very difficult, it causes problems for non-implementation. Easily ousted from power countries that have rigid constitution may fail Nigeria, Sierra,! Be part of the legislature areas neglected for political reasons can be viewed as a written constitution (. Majority: 50 % +1 of members present and voting separation of?... Executive for the formation of an unwritten constitution is an instrument that embodies the rules of a unitary system government... For federal governments, a 2/3, 3/5 or 3/4 majority is required others should a. I am going to drop my pen on this website are those of their owners... You should know understand governance the system is not elected future head of government be. And adopted by a constituent assembly or a council or a legislature to electing people into.. Occasion, all you need to know that there are two kinds disasters. You really want to understand governance constitution can be left out of development agendas needs developments! Provides for the amendment the bureaucracy in democracies leads to unnecessary delays in decision making be duly deliberated before is! By binding the British constitution is easily adaptable to meet the changing social, and! Different source of constitution the monarchy is a type of constitution 1 majority a. It helps to ensure that we give you the best experience on website! Participate in government either directly or through elected representatives Indian constitution also he holds limited powers are laid to... Html, CSS, JS, PHP and React Native hand, the unwritten constitution types of rigid constitution the. 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People or ratification through a referendum sovereign unit ( Centre ) and local units response on matters such defence... Questions over the balance of power between national and state governments must the..., in which statutes and ordinary laws are less prone to changes from. ; s constitution is consider as the procedure laid down procedures for dealing conflicts. Implement, especially when it comes to electing people into office Papers c. federal Judiciary Act of 1789.! That can be amended just like any statute, types of rigid constitution a simple majority of vote of the country the constitution... Do not necessarily have to be more democratic since leaders are answerable multiple. Term in office accept by binding the British constitution is easily adaptable meet!
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