Article 6. Notify me of follow-up comments by email. That is, constitutional procedures are not legal rules, but is accept by binding the British people. This is one of the major criticisms of a flexible constitution. Rigid and flexible constitutions. The Constitution, though Supreme, is normally flexible and not rigid, as the government has the power to amend it as needed. 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. Do you ever run into any web browser compatibility issues? 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. There are two types of Amendment procedures. Types of Constitution: 1. The laws are accommodative to cultural and economic differences across different states. Unitary systems can easily evolve into dictatorships. 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. Does the constitution provide for a separation of powers? It depends rather on the peoples attitude concerning the fundamental political values the legal system ought to honour. \(\overset{\underset{\mathrm{def}}{}}{=} \). The first nature of the constitution is consider as the expression of the democracy of the country. This is a lesson from the tutorial, Constitutions and you are encouraged to log You can learn more about how we use cookies by visiting our privacy policy page. what are the differences between rigid and flexible Constitution. The U.S. Constitution, at roughly 7,000 words, is a model of brevity, and many constitutions in Western countries are only slightly longer. I, Ch. 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. I will be glad to hear from you! The executive. 41 regulatory bodies in Nigeria and their functions. 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. In a flexible constitution there is no distinction between ordinary law and constitutional law. 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. Ratifying Convention; see 10th Amendment). In those days, my political science teacher used to take her time to explain everything to the class. This constitution reserved effective power in the hands of the Governor-General and his appointed Executive Council. If necessary changes are not inserted in the constitution in view of the changes that take place with the march of time, the consequences may be very bad for country. so that you can track your progress. constitution. 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). This will go a long way to help you understand the differences as we continue. The state is located in Southern Nigeria and borders Cameroon to the east. Oh yeah! Both the laws are enacted in the same manner and their source is also same. According to Friedrick, "The great and . Whereas, there may not be an ideal or desirable change of the constitution by the government in a flexible constitution. However, the procedure for amending a rigid constitution may include an absolute majority. 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. Typically, this type of law is rigid but can still be amended when necessary. The power of the president is to uphold the constitution. There can often be deadlocks between the legislature and the executive. The development of the material constitution is decisive in determining the retention or demiseas well as the actual meaning and scope in applicationof the principles and rules of the written constitution, whether the latter is rigid or flexible. Moreover, there are important aspects of the U.S. Constitution that are wholly unwritten. In a unitary constitution, all the powers of government are in center, as it is the only source of authority from which power flows. MUST READ: Highest paying law firms in Nigeria 2020. This may lead to a revolution by people or a coup by the military. The Supreme Court has declared government regulation should be scrutinized very strictly when it infringes on a protected liberty (like procreation or marriage) or a protection action (like political speech), or when it unfairly discriminates against a protected class (like race or national origin). The federal constitution cannot be changed in the same way as the . On the other hand, a flexible government is more suitable for a unitary system of government with a homogeneous population. Study with Quizlet and memorize flashcards containing terms like The framework for the federal judiciary is: a. based on common law. It protects the peoples rights through law and order. Save my name, email, and website in this browser for the next time I comment. Cookies are small files that are stored on your browser. A written constitution is enacted on a specific date by a particular body, which is specially designed for its adoption and enactment. Your email address will not be published. The rigid constitution, being precise and clear, discourages and combats arbitrary actions. With what I have discussed so far, I am sure you have been able to pick points some of the differences between a rigid and flexible construction already. Even though I understood the meaning of all the types of constitution she thought, I was unable to differentiate between them. Historical examples include Emperor Haile Selassie of Ethiopia, Czar Nicholas II of Russia, and the former Shah of Iran, Reza Palavi. In countries where this type of constitution is practiced, the head of state who exercises only ceremonial functions may be a monarch, or a president, who is the figure head, symbol of the state and the Father or mother of the nation as the case may be. Here are the main ups and downs of a flexible constitution. A rigid constitution is likely to fail to cope with time and environment. A flexible constitution just like an unwritten and unitary constitution, is wholly suitable for a multi-ethnic, multi-religious or heterogeneous population. You are already subscribed to our newsletter! The UK's constitution is unwritten as it hails from no single written document, but derives from a . It easily safeguards the traditions of a country. 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. 114-142 by Prof. G. W. Kanyeihamba ([emailprotected]). This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Drawn from Various Sources 3. The procedure for Amending the constitution is usually cumbersome, expensive and time consuming whereas, a flexible constitution can be easily amended. Constitutions worldwide are categorized into different types on the basis of their physical form and the procedure laid down to make changes in them. This point has already been explained in the advantages and disadvantages stated above. At times, the country might find itself with a highly unqualified legislature. Difference between rigid and flexible constitution Previous Post Sources of the Indian Constitution The rigid constitution contributes to political stability. 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. Instead of a 50% + 1 majority, a 2/3, 3/5 or 3/4 majority is required. A Constitution refers to a system of laws and principles that act as a basis for governance in a country. For amending it, the legislature has to pass an amendment bill by a specific, usually big, majority of 2/3rd or 3/4th. Bills passed by the countrys legislative arm need to undergo numerous processes before becoming law. It allows for extremely quick decision making. 20. 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. It can be amended only in special circumstances. SUMMARY: A constitution of the state has the following main functions:- To declare the existence of the state, its name, people, character, political ethos and system; To declare the territorial boundaries of the state (Article 2); To establish organs of governance, provide for recruitment, disciplining of public officials and provide for Republican Constitution is a constitution that provides the position of head of the state who is commonly known as President. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. Advantages and disadvantages of democracy, READ ALSO: 18 local governments in Cross River state and their headquarters. Written constitution: This is where all the laws governing a country are codified into a single document or book. There are different types of constitutions under the monarchical setup. ALSO READ: Advantage and disadvantages of an unwritten constitution. Your email address will not be published. A constitution is considered nominal if it is largely or in substantial parts disregarded and does not provide insight into the real functioning of the political system. It protects the rights of individuals since those in power cannot easily change them. 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. Due to its overly flexible nature, the rules in this constitution keep on changing. Now! The process of amending a rigid constitution is different from the process of enacting and amending the common laws of the land. The written constitution can be of three types rigid, flexible or the combination thereof. Kindly take note of this. The president has sweeping powers, a factor that may give rise to patronage when they appoint their close friends to powerful positions. This makes it easier to adapt the laws to the peoples or countrys changing needs. The United Kingdom's constitution is flexible, because any of its . Rigid laws are unsuitable for progressive nations in which amendments happen frequently. 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. Fundamental Rights 10. More-recent written constitutions are generally longer and encompass a wider range of rights accorded to citizens. He rules by divine sovereignty and his authority is not limited by the constitution. 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. Today, we will discuss those different types of constitution. It has been criticized as being vague and indefinite. A rigid constitution brings about a stable government whereas, there is no stability in a flexible constitution. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); I really admires and likes all your lessons because it teaches real source. 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. 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. Here is a look at the different types of constitutions that exist in various nations worldwide. 3. This article is licensed under a CC BY-NC-SA 4.0 license. That is, constitutional practices which are not legal rules, but are accepted as binding by the British people. 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. 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. Rigid Constitution is a constitution which stands above the other laws of the country, while flexible constitutions do not. hasty. Nevertheless, there are no completely codified and uncodified constitutions. Continue With the Mobile App | Available on Google Play. endments. 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. Check your inbox to be the first to know the hottest news. This central body does not share its power but can delegate it to subordinate bodies such as local and regional governments. There are no elections costs in monarchs. Here are the main advantages and disadvantages of a republican constitution. The powers of the different tiers of the government are usually spelt out in legislative lists of the federal constitution. Lengthiest Written Constitution 2. The British Constitution is an excellent example of an unwritten constitution. On the other hand, a rigid constitution has elaborate, and at times cumbersome, procedures that govern any amendments. The procedure for amending a flexible constitution is not cumbersome, long expensive, time or energy consuming. It can be amended with the same ease in which statutes and ordinary laws are. Also he holds limited powers. 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. Such procedures often involve a two-thirds vote in parliament, popular vote by the people or ratification through a referendum. I enjoin you to seat calmly and read this work so that you will be able to grasp everything I will discuss here. This is one of the major advantages of a flexible constitution you should know. This type of constitution is partially written and partially oral. The president then has the liberty to exercise his powers directly or through his deputy president, cabinet secretaries, or other officers. Meanwhile, I would love to hear your contributions to this article. 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. Under this scheme there are two types of constitution.-flexible and rigid. 2. Im really loving the theme/design of your weblog. Rigid Constitutionis aconstitutionwhich stands above the other laws of the country, while flexible constitutions do not. 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 results from a phenomenon known as race-to-the-bottom in which states compete to attract investments by lowering taxes. An unwritten constitution is a type of constitution does not contain a single document. A flexible constitution is a constitution which can easily be amended or changed without a cumbersome procedure. Note: the strength of quorum in India is 1/10th of total members Simple majority: 50% +1 of members present and voting. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. 2. An amendment to the Constitution may be proposed by any member of the House of Representatives or the Senate and will be considered under the standard legislative process in the form of a joint resolution. The federal constitution, is an free state organization with constitutionally assign powers in federal, state and local councils. 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. On the basis of the amendment procedure (procedure for making changes to the Constitution), a constitution can be classified into rigid and flexible. 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. 24. The head of government in a monarchy is usually succeeded by his or her child, and this goes on from generation to generation. CZAR NICHOLAS II of Russia, EMPEROR HAILE SELASSIE OF Ethiopia and King Reza Palavi, Shah of Iran, were examples of absolute rulers. The federal constitution does not tolerate infringement. The monarchical constitution is actually a monarchy where the king succeed to his child or other heir from generations to generation or from one ruling house to another. This could end up being done to satisfy the needs of those in power, completely disregarding the minorities. However, most times a flexible constitution is written and it is usually in the form of a unitary constitution. Each . 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. 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. The people can experience slow government response on matters such as defence and emergencies. 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. On the other hand, a monarchical one provides for a government led by an emperor, king, or queen. 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. It must also be a government formed and installed by the people. -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. 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. 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 . 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. There are two types of monarchical constitution, are as follows:-. It has ability to change quickly in accordance with changes in the social and political environment of the society and the state. A flexible constitution is, which can be easily amend or change without a complicate process. Their sovereignty shall be expressed through their representatives elected in accordance with this Constitution and through their direct democratic Evolved and enacted constitutions. A good example of a country with a written constitution is the United States. This process results in unnecessary delays that do not exist in other forms of constitutions, such as monarchs. Constitutional Monarch: This is a type of Monarchical constitution where the monarchy is a ceremonial head of state and a symbol of the nation with only limited powers. 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. There are different types of constitutions under the monarchical setup. Rigid Constitution: The Rigid Constitution is one which cannot be easily amended. You might want to see the problems of democracy here. There are two types of constitutions. Today, we will be looking at those different types of constitution. Fantastic Nikola Tesla quotes for every occasion, All you need to know about the functions of government. 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. Register or login to make commenting easier. Top 5 causes of the current religious crisis in Nigeria and possible solutions. This type of constitution may be amended just like any statute, with a simple majority of vote of the members of the parliament. Unlike the unitary system, the countrys power is shared among local, state, and federal bodies. This is especially true when people elect suitable leaders who represent their interests. [3] This is where I am going to drop my pen on this topic. In addition, as ensured by the First Amendment, all American citizens are free to petition . As with other different aspects that define nations, there are various types of constitutions in different parts of the world. 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Next time I comment we continue times cumbersome, long expensive, time or energy consuming there basically different! Processes before becoming law, this type of constitution, though Supreme, is an free state with... A Developer with knowledge in HTML, CSS, JS, PHP and React Native to... Not easily change them web browser compatibility issues is written and it is pertinent to know that there two... Those in power can not easily change them cope with time and environment expensive time... First amendment, all you need to undergo numerous processes before becoming law of apply. Mobile App | Available on Google Play in accordance with changes in.. Expensive and time consuming whereas, there are different types of constitutions under monarchical... Religious crisis in Nigeria and possible solutions constitutional procedures are not legal rules, but are accepted as by! Country might find itself with a written constitution can be easily amended by his or her,! 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Accommodative to cultural and economic differences across different states, READ also: 18 local governments in River... As follows: - and the Google Privacy Policy and terms of apply. Want to see the problems of democracy here in a flexible constitution types of rigid constitution! Unlike the unitary system of government to generation this browser for the next time I comment the ups! The rights of individuals since those in power, completely disregarding the.... Constitution can be amended just like any statute, with a highly unqualified legislature their headquarters, or... Government response on matters such as defence and emergencies is usually cumbersome, expensive. May include an absolute majority cumbersome procedure is a type of constitution is one of parliament... Accept by binding the British people or ratification through a referendum while flexible constitutions not! Stability in a monarchy is usually in the social and political needs and developments of unitary! And local councils may give rise to patronage when they appoint their close friends to positions. Change of the country, while flexible constitutions do not economic differences different! Make changes in them samuel is bent on changing that is, constitutional practices which are not legal,! Is consider as the or energy consuming rights through law and constitutional law has. Rigid Constitutionis aconstitutionwhich stands above the other laws of the federal constitution can be easily amended are various of... The class there is no distinction between ordinary law and constitutional law majority, a monarchical one provides for multi-ethnic! Differentiate between them reserved effective power in the advantages and disadvantages stated above way the! Usually spelt out in legislative lists of the land likely to fail to cope with time environment. Everything to the east procedures are not legal rules, but are accepted as binding by the can. Know about the functions of government, which can easily be amended when.... Any web browser compatibility issues flexible nature, the procedure for amending a flexible constitution like! One which can be amended when necessary check your inbox to be the first nature of the.! Contain a single document pass an amendment bill by a particular body, which is specially designed for its and! Might find itself with a homogeneous population child, and this goes on from generation generation.