What do you know about the main top types of inflation? Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. Due to the ease of amendment, a flexible constitution may be amended hastily and unwisely for a selfish or sectional purpose. 2. In summary, we use cookies to ensure that we give you the best experience on our website. The presidents fixed tenure can result in a rigid government. 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. Most times, democracies turn into competitions for power play, completely disregarding morality. The best example of this is the British constitution. It gets the respect of all as it cannot be easily abused. Types of majorities: Simple majority Special majority Effective majority Absolute majority Meaning of Quorum: minimum members requires for the particular meeting. In the first instance, the constitution is seen as, first and foremost, and expression of the will of the people 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. You are already subscribed to our newsletter! 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. According to Friedrick, "The great and . Due to its overly flexible nature, the rules in this constitution keep on changing. At its most basic, a constitution is an instrument that embodies the rules of a social, legal or political organization. 3. To understand the meaning and types of constitution, it is pertinent to know that there basically two different natures of the constitution. It is said that such a constitution is not ideal for a democracy. There is no democracy in a monarch since the head of state is not elected. As it is partially written and not partially not written, the British Constitution is based on a number of practices or convection. Constitutions worldwide are categorized into different types on the basis of their physical form and the procedure laid down to make changes in them. It contains titles available in the ASCL Library and published in the past six years. CZAR NICHOLAS II of Russia, EMPEROR HAILE SELASSIE OF Ethiopia and King Reza Palavi, Shah of Iran, were examples of absolute rulers. The president may exercise the executive authority by own or through consultation with the vice-president, the minister, or other officers in the public service. The 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). The state is located in Southern Nigeria and borders Cameroon to the east. 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. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. Method 1: Congress Proposes an Amendment. It is free from the perils of temporary popular passion. 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. 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. The rigid constitution contributes to political stability. The United Kingdoms constitution is flexible, because any of its constitutional institutions and rules can be abrogated or modified by an act of Parliament. Bills passed by the countrys legislative arm need to undergo numerous processes before becoming law. Written Constitution: . Save my name, email, and website in this browser for the next time I comment. There are two types of monarchical constitution, are as follows:-. This type of constitution can easily be tempered with and may change easily. There is better coordination between the legislature and the executive. 6. 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. It is a consciously framed and enacted constitution. Your browser seems to have Javascript disabled. 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. suggestions: could you please provide case laws, statutes, legal authorities and principles or countries constitutions on the various types of constitutions. what are the differences between rigid and flexible Constitution. In addition, this system recognizes a citizens right to exit a state. ALSO READ: Advantage and disadvantages of an unwritten constitution. Blend of Rigidity and Flexibility 4. Both the laws are enacted in the same manner and their source is also same. A republican constitution provides for the position of a head of state, typically elected by the people for a fixed term in office. For amending it, the legislature has to pass an amendment bill by a specific, usually big, majority of 2/3rd or 3/4th. I have discussed What is difference between Rigid and Flexible Constitution? Fantastic Nikola Tesla quotes for every occasion, All you need to know about the functions of government. The ruling class cannot use the constitution to further its narrow interest. Rigid Constitution: The Rigid Constitution is one which cannot be easily amended. endments. However, she never said anything about the similarities or differences between some of the types of constitutions and that was a big problem. . The laws reflect a nations historical continuity. The laws are accommodative to cultural and economic differences across different states. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. A flexible constitution is easily adaptable to meet the changing social, economic and political needs and developments of a country. very frequent. differences between a rigid and flexible constitution. ALSO READ: Features of Democracy: See the major features of democracy. Drawn from Various Sources 3. It is premised on stability and performance. Today, we will discuss those different types of constitution. Since the presidents tenure is fixed, the country has more stability since it is highly unlikely to have an unplanned shift in power. It means that the sovereign unit (Centre) and local units . This provision often results in highly contested elections, a potential trigger for violence and rebellion. This is why it is called a flexible constitution. The ordinary person cannot refer to any particular document to understand governance. The powers of the different tiers of the government are usually spelt out in legislative lists of the federal constitution. Therefore, relying on the popular passion for amending the countrys laws can result in disharmony and imbalance. 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. A parliamentary government is, in most cases, more responsible than a presidential government. 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. In this type, the constitution may be written or mainly based on agreements. A rigid constitution is likely to fail to cope with time and environment. This type of constitution is partially written and partially oral. You might want to see the problems of democracy here. Absolute monarch: This is one in which the monarch has absolute powers of governance. Kinds Rigid or inelastic Flexible or elastic. The authority has been given to states to make its laws on education, police, taxation system etc. A republican constitution is a type of constitution that provides for the position of an elected head of state for a fixed term of office who is usually known as President. This type of constitution may be amended just like any statute, with a simple majority of vote of the members of the parliament. I will be glad to hear from you! In this article I will clearly highlight the basic differences between a rigid and flexible constitution. 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. It can be amended with the same ease in which statutes and ordinary laws are. The states capital, Calabar, sits on a hill near the Calabar River and is renowned for its colonial-era British architecture. These instruments also determine the duties and powers of those in office and safeguard the rights of the people. A codified constitution is a constitution that is contained in a single document, which is the single source of constitutional law in a state. Here are the main ups and downs of a flexible constitution. Each sphere of government exercises its constitutionally assign powers and functions. Advantages and disadvantages of democracy, READ ALSO: 18 local governments in Cross River state and their headquarters. Here are the main upsides and downsides of a monarchical constitution. So, here Im going to drop my pen for this article. The U.S. Constitution, at roughly 7,000 words, is a model of brevity, and many constitutions in Western countries are only slightly longer. Written and unwritten constitutions. MUST READ: Are Lawyers liars? To date, none seems overly superior to the other, as proven by the existence of the different types in various countries worldwide. Rigid Constitution is a constitution which stands above the other laws of the country, while flexible constitutions do not. Rigid Constitutionis aconstitutionwhich stands above the other laws of the country, while flexible constitutions do not. 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. The process of amending a rigid constitution is different from the process of enacting and amending the common laws of the land. -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. 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. thanks very much for the above submissions on constitution. [Persons entitled to apply to be registered as Citizens] (1) Any person who -- (a) has attained the age of twenty-one years; or This is equally an eye opener to young students all over the world on this topic. This answer has two elements. Federalism is a type of government in which the sovereign authority of political power is usually divided between two units. Those that are flexible allow any of the rules of the constitution to be modified through the simple procedure by which ordinary statutes are enacted. This process results in unnecessary delays that do not exist in other forms of constitutions, such as monarchs. Do you have any solutions to help fix this issue? not. At times, unwritten laws can result in considerable instability. Are Lawyers liars? I enjoin you to read this till the end if you really want to understand the types of a constitution. A Constitution refers to a system of laws and principles that act as a basis for governance in a country. Here are the main advantages and disadvantages of a democratic constitution. He may be the king, president, chief, the emblem of the state and the Father or mother of the nation. It is important to note that most times, the prime ministers in the cabinet are all members of the same party or coalition equals. 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 In a federal system, a person can compare political, social, and economic systems in different states and relocate to one they find more suitable. 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. Some clauses in such documents depend on the judicial interpretation that, at times, might not be ideal. and. 4 It prevents the autocratic exercise of powers by the government 5 It is ideal for a federation. This article is licensed under a CC BY-NC-SA 4.0 license. Rule Of Law 8. Warmly, The executive. A rigid constitution is suitable for a federal system of government. Anyways, if you have any contribution or questions to ask on this topic, do no hesitate to send them using the comment section. A unitary constitution provides for government power to be vested in a single central government. 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. The rigid constitution, being precise and clear, discourages and combats arbitrary actions. 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. That is, constitutional procedures are not legal rules, but is accept by binding the British people. Article 6. 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. It easily safeguards the traditions of a country. 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. The others are classifications of constitutions not types because you may find that some may be categorized under written and others under unwritten. This system works great for extremely large countries such as the USA and Australia. The President of India has the authority to proclaim an emergency under Articles 352, 356 and 360. 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. But there is stability in government with a rigid constitution, since it cannot be easily changed to suit the interest of just one person. She would tell us the the advantages, disagreement, criticism and even problems of every type of constitution. This happens because all resources have to be mobilized by the national government. 2023: Why zoning, experience, others should be a factor in Akwa Ibom politics by Godwin Edoho. Nevertheless, the provisions of the Swiss constitution have been changed repeatedly on many important points. From what we have discussed above, i strongly believe that you know understand what a constitution is and you you can explain the types of constitution to anyone. It protects the rights of individuals since those in power cannot easily change them. It allows for extremely quick decision making. Integrated and Independent Judiciary 9. It provides for the formation of an expert government since those appointed to office do not necessarily have to be part of the legislature. To a certain extent interpretation inevitably involves adaptation of the letter of the law to societal changes. The future head of state is usually well prepared since they are prepared from birth. In those days, my political science teacher used to take her time to explain everything to the class. An uwritten constitution is a type of constitution that is not contained in one single document. A good example of a country with a written constitution is the United States. 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. That is, constitutional practices which are not legal rules, but are accepted as binding by the British people. . A flexible constitution is a dangerous and fearful foundation to build a country that has a diverse population. Constitutional law in countries with flexible constitutions does not have to be unstable or constantly in flux. It has been criticized as being vague and indefinite. Written constitutions are said to be normative when all their binding principles are observed, more or less, in the actual operations of the political system. To amend the constitution a lengthy procedure has to be followed. It cannot be misused by government having the support of simple majority in the national legislate. The British constitution is the best example of an unwritten constitution. 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. This has led to questions over the balance of power between national and state governments. This type of constitution is unsuitable for tiny countries. See the truth as to whether lawyers are liars or not. But before I will move to the crux of this work, i would like to, first of all, describe a rigid and flexibile constitution. Differences between a federal and unitary system of government, Why indirect rule was adopted in Africa during colonization, Characteristics of military rule in Nigeria. Check your inbox to be the first to know the hottest news. A flexible constitution may be amended just like any statute with a simple majority of votes of the members of the parliament. The procedure for amending or changing a rigid constitution is cumbersome and long. That is, a government with a heterogeneous population. 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 is a look at the different types of constitutions that exist in various nations worldwide. 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. But good ?? Written Constitution: A written constitution refers to when the whole body of fundamental law, customs, . "Rigid Constitution" by Wikipedia,CC BY-SA 3.0, "What are the Merits and Demerits of Rigid Constitution ?" However, he is not the head of state. Under this scheme there are two types of constitution.-flexible and rigid. The Rigid Constitution is a type of constitution that is not easily amended. 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. 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.
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