The system is not very stable since the prime minister does not have a fixed term. Both the laws are enacted in the same manner and their source is also same. At the same time, uncodified constitution type is based on customs and traditions. 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. The states capital, Calabar, sits on a hill near the Calabar River and is renowned for its colonial-era British architecture. This process results in unnecessary delays that do not exist in other forms of constitutions, such as monarchs. what are the differences between rigid and flexible Constitution. The division of powers in this system hampers the potential rise of despotic rulers, protecting the peoples liberty. The constitution can be quite expensive to implement, especially when it comes to electing people into office. Save my name, email, and website in this browser for the next time I comment. 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. 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. That's why it is very difficult to amend US constitution. 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. It does not share power with other organs in the country, but transfers power to provincial, local and other sub-government. At times, unwritten laws can result in considerable instability. 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. 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. To understand the meaning and types of constitution, it is important to know that there are two kinds of constitution. In todays article, i will be sharing with you the differences between a rigid and flexibile constitution. 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 procedure for Amending the constitution is usually cumbersome, expensive and time consuming whereas, a flexible constitution can be easily amended. It may also face a rebellion or a revolution. Save my name, email, and website in this browser for the next time I comment. It is easily adaptable to a countrys changing circumstances. ALSO READ: Differences between a rigid and flexible constitution. Human cloning pros and cons: Ethics vs. scientific progress. The law provides for the existence of numerous political parties. A country that uses an unitary government system usually adopts an unconstitutional constitution. See the truth as to whether lawyers are liars or not. It, therefore, leaves room for possible changes. Drawn from Various Sources 3. Also read: what is rule of law in constitution. Register or login to make commenting easier. A flexible construction does not ensure political stability as a ruler, cabal or majority can amend the constitution to favour its interest. In fact, however, many parts of the British constitution exist in written form; for this reason, most scholars prefer to classify it as uncodified rather than unwritten. Therefore, relying on the popular passion for amending the countrys laws can result in disharmony and imbalance. KINDS OF CONSTITUTION Rigid or Inelastic Constitution One regarded as a document of "special sanctity" which cannot be modified in the same manner as other laws except by some special machinery, more burdensome than the ordinary legislative process. Your email address will not be published. In a unitary system, the people only owe their allegiance to one central body of power. A Rigid constitution, is a type of constitution, which takes long processes of amendment. Advantages and disadvantages of democracy, READ ALSO: 18 local governments in Cross River state and their headquarters. Method 1: Congress Proposes an Amendment. On the other hand, a rigid constitution has elaborate, and at times cumbersome, procedures that govern any amendments. At times, amendments are extremely necessary. On the other hand, a flexible government is more suitable for a unitary system of government with a homogeneous population. The burden of work can become quite heavy for those in government. The process of amending a rigid constitution is different from the process of enacting and amending the common laws of the land. Such a constitution grows from years of experience and the political behaviour of people. The distinction between unitary and federal states, Judicial review outside the United States. 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. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. The people can experience slow government response on matters such as defence and emergencies. 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. When the amendment procedure is too simple, the laws can be overly influenced by popular passion. Skinner v. Do you have any solutions to help fix this issue? The legislative, executive and judicial powers of government are separated under the Nigerian Constitution. Am having exam tomorrow and this what im going to read for the exam, Great work here but I need more clarity. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. Flexible and Rigid Constitution A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. Due to its overly flexible nature, the rules in this constitution keep on changing. hasty. This type of constitution is excellent for a countrys development since it can easily factor in the countrys evolution in terms of technology, education, politics, and social factors. subjected. Written and Unwritten constitution. Under a unitary system, most people look up to the government to initiate and implement development initiatives, a fact that could stifle local initiatives. The first nature or way of viewing the constitution is as an expression of the will or desire of the people. Constitutional law in countries with flexible constitutions does not have to be unstable or constantly in flux. 41 regulatory bodies in Nigeria and their functions. The democratic constitution provides for the peoples participation in government either directly or through elected representatives. [3] In a flexible constitution there is no distinction between ordinary law and constitutional law. The United Kingdom's constitution is flexible, because any of its . 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 particular, proposed amendments to the Constitution and other types of constitutional laws (see Question 1) must undergo two successive debates in each House of . In those days, my political science teacher used to take her time to explain everything to the class. 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. The future head of state is usually well prepared since they are prepared from birth. These kinds have two different ways in which the constitution can be understand. 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. MUST READ: Highest paying law firms in Nigeria 2020. Federal System with Unitary Bias 5. Types of Constitution: 1. I enjoin you to seat calmly and read this work so that you will be able to grasp everything I will discuss here. It protects the peoples rights through law and order. The British constitution is the best example of an unwritten constitution. This is where I am going to drop my pen on this topic. Continue With the Mobile App | Available on Google Play. It is not a substitute for professional advice or help and should not be relied on to make decisions of any kind. 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. The procedure for amending or changing a rigid constitution is cumbersome and long. This may encourage the rise of dictatorship, as a person, or a cabal with dictatorial propensity may amend it to advance such desires. (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.) But before I will move to the crux of this work, i would like to, first of all, describe a rigid and flexibile constitution. A handful of my blog readers have complained about my website not operating correctly in Explorer but looks great in Chrome. Like common law and customary law, an unwritten constitution grows from many years of practical experience and through human political approach. This makes it easier to adapt the laws to the peoples or countrys changing needs. A country may encounter different kinds of disasters like earthquakes and cyclones. -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. Rigid and flexible constitutions. Your email address will not be published. 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. Each sphere of government exercises its constitutionally assign powers and functions. Thus, the commerce and due process clauses of the U.S. Constitution do not have the same legal implications today as they did in the 19th century. The authority has been given to states to make its laws on education, police, taxation system etc. This is equally an eye opener to young students all over the world on this topic. 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. The need for amendment may be very urgent for country, but the attempt to amend a rigid constitution may fail. Moreover, there are important aspects of the U.S. Constitution that are wholly unwritten. Notify me of follow-up comments by email. Federalism in India. It is always recommended to visit an institution's official website for more information. The system allows economic, social, and political experimentation since power is shared across different states. That is, constitutional procedures are not legal rules, but is accept by binding the British people. Uncodified and codified are they among types of constitution, Pls provide case laws and authorities backing this types of constitution. What is a written constitution? In contrast, the federal constitution provides different structure of government in national, state and local councils. Each body exercises its assigned functions and powers. Are Lawyers liars? 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. Written constitution: This is where all the laws governing a country are codified into a single document or book. 1. The powers of the different tiers of the government are usually spelt out in legislative lists of the federal constitution. However, the Constitution does not create clear-cut lines for which types of policy fall under each level of government. process. In countries with low literacy levels and poor. While India is a blend of rigid and flexible constitution. To a certain extent interpretation inevitably involves adaptation of the letter of the law to societal changes. There is no democracy in a monarch since the head of state is not elected. It is premised on stability and performance. ABSOLUTE MONARCH :- In Monarchal constitution, the king have absolute power and is a perfect ruler. There are laid down procedures for dealing with conflicts and differences. Every codified constitution has uncodified elements. The constitution though Supreme, is usually flexible and not rigid, as the government has power to amend it as maybe necessary. You might want to see the problems of democracy here. A rigid constitution allows for careful consideration before any amendment is made to the constitution. Secondly, it can be seen as a social contract between the government as an entity and the people on the one hand. 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. Don't want to keep filling in name and email whenever you want to comment? 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. Its method of amendment is difficult. 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. This system works great for extremely large countries such as the USA and Australia. Typically, constitutions contain the basic laws and principles of nations, social groups, or states. Resembling somewhat the latter class are those denominated by judge Jameson as ideal constitutions or those framed in the closets according to abstract ideas of moral . Here are the four (4) types of constitutions. The president then has the liberty to exercise his powers directly or through his deputy president, cabinet secretaries, or other officers. According to Friedrick, "The great and . There are two types of monarchical constitution, are as follows:-. It is necessary to take quick decisions to deal with such emergencies. CONSTITUTION Article 8 Sovereignty of the people 1. Written Constitution: A written constitution means a constitution written in the form of a book or a series of documents combined in the form of a book. 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. Federations tend to be more democratic since leaders are answerable at multiple levels, not only the top government. There are FIVE different types of Constitution, are as follows:- Written and Unwritten Constitution Flexible and Rigid Constitution Unitary and Federal Constitution Presidential and Parliamentary Constitution Republic and Monarchical Constitution Written and Unwritten Constitution As a result of being partly written and partly unwritten, the British Constitution relies on many practices or conventions. The constitution of 1946 was passew when the Westminster Style Parliamentary Constitution was enacted in the country. 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 . A written constitution, is a type of constitution which contain a single document and can be easily obtain and negotiate on any subject under discussion. Rigid: A federal constitution has the major legal authority than the other laws. Democracies tend to be more accountable to the people. Democracy, therefore, loosely translates to the peoples rule. Normative constitutions predominate in the United States, Australia, Canada, Japan, and the countries of western Europe, while nominal constitutions are common in countries ruled by a one-person or a one-party dictatorship or by a military junta. Royal families in monarchs lead very expensive lifestyles that could burden the citizens. Subscribe my Channel: https://www.youtube.com/channel/UCqKvfWhZpdrCA1C51RShQnA . Types of majorities: Simple majority Special majority Effective majority Absolute majority Meaning of Quorum: minimum members requires for the particular meeting. 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. Absolute monarch: This is one in which the monarch has absolute powers of governance. 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. And cyclones and the people of democracy here usually spelt out in legislative lists of the different tiers the... 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Monarchical constitution, which can be easily amended or changed without a cumbersome procedure of experience! Manner and their headquarters usually adopts an unconstitutional constitution tend to be unstable or constantly flux!, it can be easily amended handful of my blog readers have complained about my website not operating correctly Explorer! The best example of an unwritten constitution grows from years of experience and through human political.. To seat calmly and READ this work so that you will be sharing with the.
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