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. not. That's why it is very difficult to amend US constitution. 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. Each body exercises its assigned functions and powers. This time of constitution is good for a small country, kindred people or a homogeneous population. The president has sweeping powers, a factor that may give rise to patronage when they appoint their close friends to powerful positions. Classification of constitution Written and unwritten constitution Rigid and flexible constitution 1. It is a consciously framed and enacted constitution. A flexible constitution may be an unwritten constitution, such as, the constitution of Britain and New Zealand. It can be viewed as a contract between the people and the government. Socialism pros and cons: Is this type of economy good or bad? The federal constitution, is an free state organization with constitutionally assign powers in federal, state and local councils. However, she never said anything about the similarities or differences between some of the types of constitutions and that was a big problem. A rigid constitution is one that cannot be easily . Unfortunately, in such a scenario, a rigid set of laws make it very difficult to institute the necessary changes. The first nature of the constitution is consider as the expression of the democracy of the country. 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. This constitution reserved effective power in the hands of the Governor-General and his appointed Executive Council. 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 is not in one document, but can be found in various sources, such as statutes, conventions and judicial decisions. Secondly, it can be seen as a social contract between the government as an entity and the people on the one hand. On the other hand, a rigid constitution is a type of constitution, which has a cumbersome or long amendment procedures. 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. It safeguards peoples rights against legislative encroachment. A flexible construction does not ensure political stability as a ruler, cabal or majority can amend the constitution to favour its interest. In addition, this system recognizes a citizens right to exit a state. Written Constitution: . It cannot be misused by government having the support of simple majority in the national legislate. Flexible and Rigid Constitution. The constitution of 1946 was passew when the Westminster Style Parliamentary Constitution was enacted in the country. 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. The state is located in Southern Nigeria and borders Cameroon to the east. 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. A unitary constitution is one of a kind of constitution that provides for the powers of government to focus on a single central government. 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. It does not exist in one document but can be found in judicial decisions, conventions, and statutes. 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. Unitary systems can easily evolve into dictatorships. A rigid constitution cannot be easily amended. A Constitution that has been systematically and meticulously written down and embodied in a single document is known as a Written Constitution. 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. 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. 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). The powers of the different tiers of the government are usually spelt out in legislative lists of the federal constitution. The authority has been given to states to make its laws on education, police, taxation system etc. Organizing and providing relevant educational content, resources and information for students. Written constitution is not flexible in nature because of its complex amendment system. Most times, democracies turn into competitions for power play, completely disregarding morality. For amending it, the legislature has to pass an amendment bill by a specific, usually big, majority of 2/3rd or 3/4th. In a federal system, a person can compare political, social, and economic systems in different states and relocate to one they find more suitable. MUST READ: Highest paying law firms in Nigeria 2020. This continuity has been ensured by a broad consensus between the crown, political leaders, and citizens that such principles are crucial to the countrys constitutionnot by the existence of any institutional obstacles to changing them. 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. Here are the main pros and cons of a parliamentary constitution. A flexible constitution just like an unwritten and unitary constitution, is wholly suitable for a multi-ethnic, multi-religious or heterogeneous population. Synthesis of Parliamentary Sovereignty and Judicial Supremacy 7. Having representatives makes government more efficient, resulting in faster and better implementation of the peoples will. He may be the king, president, chief, the emblem of the state and the Father or mother of the nation. Today, we will discuss those different types of constitution. Unlike the unitary system, the countrys power is shared among local, state, and federal bodies. The president may exercise the executive powers of government either directly by himself or through the vice president, minister or other officers in the public service of the country. All names, acronyms, logos and trademarks displayed on this website are those of their respective owners. On the other hand, a written constitution is among the three main types of constitutions and is contained in a single document and can be easily consulted on pretty much every issue contained therein. Countries that have rigid constitution includes: United States, Canada, France, Ghana, Nigeria, Sierra Leone, South Africa etc. A rigid constitution is suitable for a federal system of government. To understand the meaning and types of constitution, it is important to know that there are two kinds of constitution. Here are the main pros and cons of a unitary constitution. Be the first to get hottest news from our Editor-in-Chief, Check your email and confirm your subscription. I enjoin you to seat calmly and read this work so that you will be able to grasp everything I will discuss here. A rigid constitution allows for careful consideration before any amendment is made to the constitution. So, here Im going to drop my pen for this article. The procedure for amending a flexible constitution is not cumbersome, long expensive, time or energy consuming. Moreover, the document is premised on the idea that there can never be a perfect set of laws applicable at all times. We literally have two types of constitutions and they are written and unwritten constitutions. A. V. Diceydefines a rigid constitution as one under which certain laws, calledconstitutional lawsorfundamental lawscannot be changed in the same manner as ordinary laws. A rigid constitution set forth specific legal/constitutional obstacles to be overcome before it may be amended, such as special approval of the people by referendum, a supermajority or special majority in thelegislature, or both. The different types of constitutions have their merits and demerits and instances in which they are best suited. 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. Here are the main ups and downs of a rigid constitution. Save my name, email, and website in this browser for the next time I comment. It is said that such a constitution is not ideal for a democracy. The states name is derived from the Cross River that runs through it. 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). It gets the respect of all as it cannot be easily abused. The burden of work can become quite heavy for those in government. so that you can track your progress. It also serves as an important port city to both the Cross River State and Nigeria at large. An uncodified constitution is one that is not contained in a single document, but consists of several different sources, which may be written or unwritten. On the occasion of the Stephen Ellis Annual Lecture by Prof. Muna Ndulo on Ethnicity, diversity, inclusivity and constitution making in Africa (17 November) the Library, Documentation and Information Department of the African Studies Centre Leiden has compiled a web dossier on African constitutions. Register or login to receive notifications when there's a reply to your comment or update on this information. 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). Integrated and Independent Judiciary 9. To understand a Monarchical constitution, you must understand that a monarchy is a government lead by a King, Queen, or Emperor. -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. There can often be deadlocks between the legislature and the executive. Federalism in India. Federalism is a type of government in which the sovereign authority of political power is usually divided between two units. Rigidity lends legitimacy to the constitution. Constitution., The first Supreme Court was established by the: a. The laws, in this case, are quite elastic, drastically reducing the chances of a revolution by the people. Second nature is that it can be seen as a legal, social and political contract between government as a organization. This exposes the constitution to judicial intervention. 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. Advantages of a rigid constitution include: 1 It is a source of stability in administration 2 It maintains continuity in administration 3 It cannot become a tool in the hands of the party exercising the state's power at a particular time. This has led to questions over the balance of power between national and state governments. 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 . Do you have any solutions to help fix this issue? At its most basic, a constitution is an instrument that embodies the rules of a social, legal or political organization. Royal families in monarchs lead very expensive lifestyles that could burden the citizens. 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. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. The president then has the liberty to exercise his powers directly or through his deputy president, cabinet secretaries, or other officers. Here we go! [1] [2] Nigeria has had many constitutions. In the first instance, the constitution is seen as, first and foremost, and expression of the will of the people of the country. Written Constitution: A written constitution refers to when the whole body of fundamental law, customs, . Below are the advantages of a flexible constitution: A flexible constitution is usually easy to amend. Written and unwritten constitutions. At times, the country might find itself with a highly unqualified legislature. 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. A country may encounter different kinds of disasters like earthquakes and cyclones. 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. This is where I am going to drop my pen on this topic. Top details about affirmative action pros and cons. 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. A flexible constitution by its nature does not protect the interest of minority, disadvantaged or despised people. Following ar the types of constitutions: Written and unwritten constitutions; Rigid and flexible constitutions Difference between rigid and flexible constitution Previous Post Sources of the Indian Constitution A codified constitution is a constitution that is contained in a single document, which is the single source of constitutional law in a state. Article 368 of the Indian Constitution provides the procedure of Amendment. But the government could fail to take decisions if the country concerned has a rigid constitution. 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. 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. Although it can actually be amended when found necessary. 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. This happens because all resources have to be mobilized by the national 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 . The system is considerably cheaper to run since there are not many bodies that require funding from the central government. 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. It is very definite, removing any drawbacks that uncertainties can bring about. 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 procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary ordinary laws of the land. It allows for extremely quick decision making. 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. Your browser seems to have Javascript disabled. Conventionally, a democratic government should reflect the peoples generality and must be created and installed by the people. An unwritten constitution is not contained in a single document and can exist partly in word and partly in writing. 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