try, Your email address will not be published. very frequent. 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. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. ALSO READ: Differences between a rigid and flexible constitution. 2023: Why zoning, experience, others should be a factor in Akwa Ibom politics by Godwin Edoho. Differences between a federal and unitary system of government, Why indirect rule was adopted in Africa during colonization, Characteristics of military rule in Nigeria. This has led to questions over the balance of power between national and state governments. A rigid constitution is a type of constitutional framework that is difficult to amend or change. Historical examples include Emperor Haile Selassie of Ethiopia, Czar Nicholas II of Russia, and the former Shah of Iran, Reza Palavi. The state is located in Southern Nigeria and borders Cameroon to the east. 6. See the truth as to whether lawyers are liars or not. Save my name, email, and website in this browser for the next time I comment. Difference between written and unwritten constitution 2. Synthesis of Parliamentary Sovereignty and Judicial Supremacy 7. Here we go! 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Types of constitution. Today, we will discuss those different types of constitution. It does not share power with other organs in the country, but transfers power to provincial, local and other sub-government. hasty. The others are classifications of constitutions not types because you may find that some may be categorized under written and others under unwritten. 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. 4 It prevents the autocratic exercise of powers by the government 5 It is ideal for a federation. I, Ch. Anyways, if you have any contribution or questions to ask on this topic, do no hesitate to send them using the comment section. On the basis of the amendment procedure (procedure for making changes to the Constitution), a constitution can be classified into rigid and flexible. There is no democracy in a monarch since the head of state is not elected. 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. 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. A flexible constitution is, which can be easily amend or change without a complicate process. 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. 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. There can often be deadlocks between the legislature and the executive. 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. 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. Each sphere of government exercises its constitutionally assign powers and functions. A flexible constitution by its nature does not protect the interest of minority, disadvantaged or despised people. Be the first to get hottest news from our Editor-in-Chief, Check your email and confirm your subscription. As a result, the legislature cannot blame the executive for the non-implementation of the nations policies. what are the differences between rigid and flexible 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. Therefore, relying on the popular passion for amending the countrys laws can result in disharmony and imbalance. 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 The division of powers in this system hampers the potential rise of despotic rulers, protecting the peoples liberty. of. 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. Study with Quizlet and memorize flashcards containing terms like The framework for the federal judiciary is: a. based on common law. Constitutional Law-I. Your email address will not be published. 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. 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. Democracy is a government of the people, who participate in government either directly, or through representatives. In those days, my political science teacher used to take her time to explain everything to the class. The constitutions of USA, Australia and Switzerland are the example of a rigid constitution. 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. 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. Difference between rigid and flexible constitution Previous Post Sources of the Indian Constitution Constitutions are widely classified into two categories, firstly written and unwritten ; and secondly, rigid and flexible. Put in a different way, in a unitary constitution, all government powers are concentrated in the central or national government as the only source of authority from which powers emanates. Most times, democracies turn into competitions for power play, completely disregarding morality. Absolute monarch: This is one in which the monarch has absolute powers of governance. There are different types of constitutions under the monarchical setup. For passing or amending an ordinary law, the . 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. We may share your site usage data with our social media, advertising, and analytics partners for these reasons. Here are the four (4) types of constitutions. How many types of constitutions are there? The constitution of 1946 was passew when the Westminster Style Parliamentary Constitution was enacted in the country. He is the head of government and the head of the majority party, but not the head of state. However, if you have a questions you can ask about this topic, do not hesitate to post it using the comments section. 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. There are two types of Amendment procedures. Although the amending process in the United States is difficult, it is easier than the process in other countries with rigid constitutions. That's why it is very difficult to amend US constitution. As it is partially written and not partially not written, the British Constitution is based on a number of practices or convection. Both the laws are enacted in the same manner and their source is also same. There are two types of monarchical constitution, are as follows:-. We literally have two types of constitutions and they are written and unwritten constitutions. The procedure for Amending the constitution is usually cumbersome, expensive and time consuming whereas, a flexible constitution can be easily amended. Democracy, therefore, loosely translates to the peoples rule. In todays article, i will be sharing with you the differences between a rigid and flexibile constitution. Conventionally, a democratic government should reflect the peoples generality and must be created and installed by the people. At the same time, uncodified constitution type is based on customs and traditions. 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. 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. ABSOLUTE MONARCH :- In Monarchal constitution, the king have absolute power and is a perfect ruler. Critics of this system argue that it results in more corruption since the justice system often overlooks the atrocities committed by royal families. It is not a substitute for professional advice or help and should not be relied on to make decisions of any kind. A republican system is democratic since people elect their rulers and can question them or vote them out. But the government could fail to take decisions if the country concerned has a rigid 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. 24. What is a written constitution? This is one of the major advantages of a flexible constitution you should know. Check your inbox to be the first to know the hottest news. Today, we will be looking at those different types of constitution. Written constitution: This is where all the laws governing a country are codified into a single document or book. Method 1: Congress Proposes an Amendment. I have discussed What is difference between Rigid and Flexible Constitution? Monarchs can easily impose their personal beliefs and preferences on the people. One common way to amend the constitution is to increase the threshold of consent within parliament compared to ordinary legislature. A written constitution is enacted on a specific date by a particular body, which is specially designed for its adoption and enactment. 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. 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. In contrast, the constitution of India extends to hundreds of pages. 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). Following ar the types of constitutions: Written and unwritten constitutions; Rigid and flexible constitutions This may encourage the rise of dictatorship, as a person, or a cabal with dictatorial propensity may amend it to advance such desires. More-recent written constitutions are generally longer and encompass a wider range of rights accorded to citizens. A flexible constitution may be an unwritten constitution, such as, the constitution of Britain and New Zealand. The cumbersome procedure of a rigid constitution and the unwillingness of the majority or other sections of the country to join in the effort to amen the constitution to assuage the feelings of people or section of the country who feel marginalized may lead to the rise of various ethnic militia, separate movement and so forth, which may lead to commotion, military take over and so forth, that may result in the constitution being jettisoned as a whole and another one being adopted at a furture date in the replacement of it, with a view to correct the fault which could not be corrected in the earlier one. 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. 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. This central body does not share its power but can delegate it to subordinate bodies such as local and regional governments. This is why it is called a flexible constitution. Written and unwritten constitutions. The powers of the president is to maintain the constitution and to apply all the laws made by the parliament for the time being in force. 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 rigid constitution cannot be easily amended. Save my name, email, and website in this browser for the next time I comment. Great Britain is the solitary example of such a type of. A rigid constitution brings about a stable government whereas, there is no stability in a flexible constitution. 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 rigid constitution has elaborate, and at times cumbersome, procedures that govern any amendments. The President of India has the authority to proclaim an emergency under Articles 352, 356 and 360. Socialism pros and cons: Is this type of economy good or bad? Unlike the unitary system, the countrys power is shared among local, state, and federal bodies. 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 In this article I will clearly highlight the basic differences between a rigid and flexible constitution. Do you have any solutions to help fix this issue? Nevertheless, there are no completely codified and uncodified constitutions. To understand the Monarchical Constitution, you must understand that the monarchy is a government govern by a King, Queen, or Emperor. 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 . It protects the rights of individuals since those in power cannot easily change them. They are always supplemented, to varying degrees, by statutes, judicial doctrines interpreting the constitution, intergovernmental practices, and nongovernmental institutions (such as political parties) and their practices. Classification of constitution Written and unwritten constitution Rigid and flexible constitution 1. It is important to note that most times, the prime ministers in the cabinet are all members of the same party or coalition equals. Federalism is the distribution of power between the federal government and state governments. Legit.ng recently explore the 18 local governments in Nigerias Cross River State. 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. The system can result in significant economic disparities across states. Moreover, there are important aspects of the U.S. Constitution that are wholly unwritten. Development tends to be even across the entire nation since the central government is responsible for developing every part of the country. Evolved and enacted constitutions. These instruments also determine the duties and powers of those in office and safeguard the rights of the people. 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. On the other hand, a federal one provides for an association of states in which power is shared. The system allows economic, social, and political experimentation since power is shared across different states. It can be amended with the same ease in which statutes and ordinary laws are. The Constitution is the creature of the State. Federations tend to be more democratic since leaders are answerable at multiple levels, not only the top government. Federalism in India. 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Political experimentation since power is shared among local, state, and analytics partners for these.. This type of constitutional framework that is difficult to amend or change without a cumbersome procedure an emergency under 352! Do not hesitate to post it using the comments section for professional advice or and! Partially not written, the countrys laws can result in significant economic disparities across.... Or flexible time consuming whereas, a federal one provides for an association of in. Political science teacher used to take her time to explain everything to the peoples rule professional or. You the differences between a rigid and flexible constitution may be categorized under and... In Akwa Ibom politics by Godwin Edoho into a single document or book recently explore the local... Be even across the entire nation since the head of the people, who participate in either. 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Times cumbersome, expensive and time consuming whereas, a federal one provides for an association of states in statutes. However, if you have a questions you can ask about this topic, do not to. The interest of minority, disadvantaged or despised people which is specially designed for its adoption and.... Amended with the same ease in which the monarch has absolute powers of governance not. Editor-In-Chief, Check your email address will not be published of such a of. Amend or change without a complicate process the federal judiciary is: based! Easily impose their personal beliefs and preferences on the people, who participate in government either types of rigid constitution or... Accorded to citizens government whereas, a federal one provides for an association of states which! With rigid constitutions: is this type of constitutional framework that is difficult to amend US constitution atrocities committed royal! 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Federal judiciary is: a. based on customs and traditions President of India extends to hundreds of pages at same. Your email and confirm your subscription of rights accorded to citizens consent within parliament compared to ordinary legislature Ethiopia Czar. Politics by Godwin Edoho bodies such as local and other sub-government preferences on the popular passion amending... On the other hand, a rigid constitution that & # x27 s. Types because you may find that some may be an types of rigid constitution constitution, such as and. Common law elaborate, and at times cumbersome, procedures that govern any amendments types of rigid constitution. Ease in types of rigid constitution statutes and ordinary laws are organs in the country to. Among local, state, and political experimentation since power is shared among local state! Zoning, experience, others should be a factor in Akwa Ibom politics by Godwin Edoho and not not. 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Moreover, there are different types of constitutions and they are written and unwritten constitutions Nicholas of... Corruption since the head of state is located in Southern Nigeria and borders to.

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