Instead of a 50% + 1 majority, a 2/3, 3/5 or 3/4 majority is required. A flexible constitution is, which can be easily amend or change without a complicate process. Difference between written and unwritten constitution 2. c. outlined in The Federalist Papers, issue V d. found in Article 3 of the U.S. The laws, in this case, are quite elastic, drastically reducing the chances of a revolution by the people. It is among the most stable law structure and is best suited for an emergency period in a country. Since a flexible constitution is very easy to amend, the constitution actually allows quick action to be taken in the interest of the nation in time of emergency. 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. The first nature or way of viewing the constitution is as an expression of the will or desire of the people. Trust me; this is the major advantage of a written constitution. A unitary constitution is one of a kind of constitution that provides for the powers of government to focus on a single central government. Constitutions also can be classified as rigid or flexible. Those that are rigid stipulate that at least some part of the constitution cannot be modified by the same procedures used to enact statutory law. It contains titles available in the ASCL Library and published in the past six years. It is formulated and adopted by a constituent assembly or a council or a legislature. But there is stability in government with a rigid constitution, since it cannot be easily changed to suit the interest of just one person. Democracy is a government of the people, who participate in government either directly, or through representatives. The system is considerably cheaper to run since there are not many bodies that require funding from the central government. A republican constitution provides for the position of a head of state, typically elected by the people for a fixed term in office. The future head of state is usually well prepared since they are prepared from birth. Bill of Rights b. Federalist Papers c. Federal Judiciary Act of 1789 d . The distinction between unitary and federal states, Judicial review outside the United States. subjected. He rules by divine sovereignty and his authority is not limited by the constitution. 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. On the basis of the amendment procedure (procedure for making changes to the Constitution), a constitution can be classified into rigid and flexible. Such procedures often involve a two-thirds vote in parliament, popular vote by the people or ratification through a referendum. Whether long or short, written constitutions can concern themselves exclusively or prevalently with the organization of government or deal extensively also with the rights of the people and with the goals of governmental action. The states capital, Calabar, sits on a hill near the Calabar River and is renowned for its colonial-era British architecture. Although courts may always review governmental action to guard against the arbitrary or unreasonable, the starting point must be a presumption . process. 4 It prevents the autocratic exercise of powers by the government 5 It is ideal for a federation. In a unitary constitution, all the powers of government are in center, as it is the only source of authority from which power flows. 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. ADVERTISEMENTS: 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. It gets the respect of all as it cannot be easily abused. 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. A codified constitution is a constitution that is contained in a single document, which is the single source of constitutional law in a state. To understand a Monarchical constitution, you must understand that a monarchy is a government lead by a King, Queen, or Emperor. Continue With the Mobile App | Available on Google Play. It may also face a rebellion or a revolution. Countries that have rigid constitution includes: United States, Canada, France, Ghana, Nigeria, Sierra Leone, South Africa etc. It easily safeguards the traditions of a country. Socialism pros and cons: Is this type of economy good or bad? 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. This type of constitution may be amended just like any statute, with a simple majority of vote of the members of the parliament. For this type, constitutional law can be amended in the same way as ordinary law. Written Constitution: A written constitution refers to when the whole body of fundamental law, customs, . 2023: Why zoning, experience, others should be a factor in Akwa Ibom politics by Godwin Edoho. In the first instance, the constitution is seen as, first and foremost, and expression of the will of the people of the country. b. found in the Declaration of Independence. A Constitution refers to a system of laws and principles that act as a basis for governance in a country. 1. Their sovereignty shall be expressed through their representatives elected in accordance with this Constitution and through their direct democratic Fantastic Nikola Tesla quotes for every occasion, All you need to know about the functions of government. Your email address will not be published. DISCLAIMER: This article is intended for general informational purposes only and does not address individual circumstances. To a certain extent interpretation inevitably involves adaptation of the letter of the law to societal changes. It does not share power with other organs in the country, but transfers power to provincial, local and other sub-government. 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. A rigid constitution is likely to fail to cope with time and environment. A Constitution that has been systematically and meticulously written down and embodied in a single document is known as a Written Constitution. Why is the Nigerian Constitution Important? In addition, even if the provisions of a rigid constitution remain unaltered, they often assume over time different meaning and scope, because formal constitutional provisions are subject to interpretation by the courts or by the legislature, the executive, and other institutional subjects. 3. So, here Im going to drop my pen for this article. Republican Constitution is a constitution that provides the position of head of the state who is commonly known as President. Federalism is the distribution of power between the federal government and state governments. This kind of constitution can amend like any other law, by a simple vote of the members of parliament. Tell me what you think about the differences between a rigid and flexible constitution highlighted here. A rigid constitution brings about a stable government whereas, there is no stability in a flexible constitution. See the truth as to whether lawyers are liars or not. It provides for the formation of an expert government since those appointed to office do not necessarily have to be part of the legislature. MUST READ: Highest paying law firms in Nigeria 2020. Here are the main ups and downs of a rigid 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. These instruments also determine the duties and powers of those in office and safeguard the rights of the people. One of the topics I loved so much during my secondary school days is the Types of constitution. You are already subscribed to our newsletter! A rigid constitution is usually in writing or a written constitution. Reasons for underdevelopment in Nigeria and possible solutions. 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. A flexible constitution is a constitution which can easily be amended or changed without a cumbersome procedure. Here are the main pros and cons of a presidential constitution. The enactment or amendment of an ordinary law is usually usually easy. The downside is that popular passion is influenced by emotion, not reason. The United Kingdoms constitution is flexible, because any of its constitutional institutions and rules can be abrogated or modified by an act of Parliament. There you have the major differences between a rigid and flexible constitution. Such systems seem to work best in small nations and communities. This is why it is called a flexible constitution. Pros and cons of GMOs explained in detail. 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. A flexible construction does not ensure political stability as a ruler, cabal or majority can amend the constitution to favour its interest. A rigid constitution allows for careful consideration before any amendment is made to the constitution. It ensure political stability of the country because, no section can single handedly amend the constitution to its own favour. Second nature is that it can be seen as a legal, social and political contract between government as a organization. It protects the peoples rights through law and order. It can result in an irresponsible executive. suggestions: could you please provide case laws, statutes, legal authorities and principles or countries constitutions on the various types of constitutions. 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). endments. The UK's constitution is unwritten as it hails from no single written document, but derives from a . The head of government in a monarchy is usually succeeded by his or her child, and this goes on from generation to generation. Most times, democracies turn into competitions for power play, completely disregarding morality. Oh yeah! 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. There are different types of constitutions under the monarchical setup. Written and Unwritten constitution. 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. 1. Typically, this type of law is rigid but can still be amended when necessary. The division of powers in this system hampers the potential rise of despotic rulers, protecting the peoples liberty. In contrast, a flexible constitution is one in which the legislature may amended the constitutions content and principles through use of the ordinary legislative process. This system works great for extremely large countries such as the USA and Australia. The word democracy is derived from two Greek words, demos and kratia. The former means people while the latter means government or rule. 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. Parliamentary Form of Government 6. It can be viewed as a contract between the people and the government. Like common law and customary law, an unwritten constitution grows from many years of practical experience and through human political approach. Rigid and flexible constitutions. This happens because all resources have to be mobilized by the national government. An unwritten constitution is not contained in a single document and can exist partly in word and partly in writing. Now! 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. Conventionally, a democratic government should reflect the peoples generality and must be created and installed by the people. The United Kingdom can modify its constitutional law by statute (or even in important areas by conventions between the supreme institutional powers of the state: the crown, Parliament, and the cabinet). 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. When the amendment procedure is too simple, the laws can be overly influenced by popular passion. Difference between rigid and flexible constitution Previous Post Sources of the Indian Constitution Types of constitution. A parliamentary constitution is one in which the executive powers are vested in a prime minister who is the head of government and the head of the majority party. There are two types of constitutions. Parliamentary sovereignty is commonly regarded as the defining principle of the British Constitution. It allays the fear of ethnic domination by majority people in multi-ethnic country like Nigeria because guarantees, such as the fundamental human rights, federal character and so forth, which have been enshrined in the constitution for the protection of the minorities, cannot be easily amended and thrown away to their detriment. In most cases, the head of state is known as the president. A rigid constitution brings about a stable government whereas, there is no stability in a flexible 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. It is important to note that most times, the prime ministers in the cabinet are all members of the same party or coalition equals. That is, constitutional procedures are not legal rules, but is accept by binding the British people. A written constitution is usually rigid in nature because of its cumbersome mode of amendment. Since the head of state remains in power for a long time, countries under such laws tend to remain quite stable. (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.) Democracies often have high levels of corruption since they are primarily based on electoral competition. 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. The state is located in Southern Nigeria and borders Cameroon to the east. Here are the main ups and downs of a flexible constitution. It depends rather on the peoples attitude concerning the fundamental political values the legal system ought to honour. Your email address will not be published. Lengthiest Written Constitution 2. However, most times a flexible constitution is written and it is usually in the form of a unitary constitution. A. V. Dicey defines a rigid constitution as one under which certain laws, called constitutional laws or fundamental laws "cannot be changed in the same manner as ordinary laws." 20. All names, acronyms, logos and trademarks displayed on this website are those of their respective owners. To date, none seems overly superior to the other, as proven by the existence of the different types in various countries worldwide. It can be amended with the same ease in which statutes and ordinary laws are. As the procedure of amendment of a rigid constitution is very difficult, it causes problems for the country. To understand the meaning and types of constitution, it is important to know that there are two kinds of constitution. You can learn more about how we use cookies by visiting our privacy policy page. Supremacy of Constitution: The central and state governments must obey the constitution. CONSTITUTIONAL MONARCH :- This is a kind of constitutional Monarchy in which the monarchy is the head of a ceremonial empire and a symbol of a nation. Democracies tend to be more accountable to the people. Here are the main advantages and disadvantages of a federal constitution. That's why it is very difficult to amend US constitution. Required fields are marked *. very frequent. It does not exist in one document but can be found in judicial decisions, conventions, and statutes. Legit.ng recently explore the 18 local governments in Nigerias Cross River State. Indeed, written constitutions can never exhaust the whole constitutional law of a state. 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. The Constitution is the creature of the State. A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. A republican system is democratic since people elect their rulers and can question them or vote them out. He may be the king, president, chief, the emblem of the state and the Father or mother of the nation. Moreover, due to the cumbersome amendment procedures, the laws are less prone to changes resulting from peoples emotions. Lachesis: In addition to parliamentary majority, some . Required fields are marked *. The constitution of 1946 was passew when the Westminster Style Parliamentary Constitution was enacted in the country. Primarily, the Constitution mentions three types of emergency - national emergency, state emergency and financial emergency. A rigid constitution does not easily meet the dynamic social, economic and political needs and development of people especially where it does not have an active, visionary and progressive judiciary that will liberally interpret the constitution to accommodate and meet the constantly changing needs of the country and its people. It is quite difficult to amend, making it too rigid. The federal constitution does not tolerate infringement. ALSO READ: Differences between a rigid and flexible constitution. Read Constitutional Law and Governance in Uganda pg. Save my name, email, and website in this browser for the next time I comment. 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. Your email address will not be published. See the truth as to whether lawyers are liars or not. 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. Influenced by emotion, not reason 2/3, 3/5 or 3/4 majority is required, but is accept by the! Large countries such as the procedure of amendment of a 50 % + 1 majority, democratic! His authority is not limited by the people and the government ideal for a.! 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