The great majority of countries have rigid constitutions. Federations tend to be more democratic since leaders are answerable at multiple levels, not only the top government. Rigid Constitution is a constitution which stands above the other laws of the country, while flexible constitutions do not. what are the differences between rigid and flexible Constitution. thanks very much for the above submissions on constitution. 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 . ADVERTISEMENTS: The enactment or amendment of an ordinary law is usually usually easy. It is the. The division of powers in this system hampers the potential rise of despotic rulers, protecting the peoples liberty. This has led to questions over the balance of power between national and state governments. Skinner v. Thus, the relative continuity of a countrys constitutional law does not depend entirely on the adoption of a rigid constitution, though such a constitution may make changes at times more complicated and difficult. 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. 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. The laws contained in it can be amended as simply as one would amend a statute, with a simple majority vote in parliament. This type of constitution may be amended just like any statute, with a simple majority of vote of the members of the parliament. Areas neglected for political reasons can be left out of development agendas. A rigid constitution allows for careful consideration before any amendment is made to the constitution. However, the procedure for amending a rigid constitution may include an absolute majority. "Rigid Constitution" by Wikipedia,CC BY-SA 3.0, "What are the Merits and Demerits of Rigid Constitution ?" 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. At times, amendments are extremely necessary. Subscribe my Channel: https://www.youtube.com/channel/UCqKvfWhZpdrCA1C51RShQnA . I enjoin you to read this till the end if you really want to understand the types of a constitution. More-recent written constitutions are generally longer and encompass a wider range of rights accorded to citizens. 4 It prevents the autocratic exercise of powers by the government 5 It is ideal for a federation. 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. The rigid constitution contributes to political stability. For this type, constitutional law can be amended in the same way as ordinary law. What types of constitutions exist and what defines them? A flexible constitution is a dangerous and fearful foundation to build a country that has a diverse population. by Arvind Kumar, Preserve Articles. There are two types of Amendment procedures. 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. subjected. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); I really admires and likes all your lessons because it teaches real source. 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. 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. Rigid and flexible constitutions. The future head of state is usually well prepared since they are prepared from birth. Since the head of state remains in power for a long time, countries under such laws tend to remain quite stable. The first nature of the constitution is consider as the expression of the democracy of the country. 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. A country operating a unitary system of government usually adopts a unitary constitution. Typically, constitutions contain the basic laws and principles of nations, social groups, or states. 41 regulatory bodies in Nigeria and their functions. On the other hand, a flexible government is more suitable for a unitary system of government with a homogeneous population. Any action you take upon the information presented in this article is strictly at your own risk and responsibility! Flexible and Rigid Constitution. A handful of my blog readers have complained about my website not operating correctly in Explorer but looks great in Chrome. Royal families in monarchs lead very expensive lifestyles that could burden the citizens. Evolved and enacted constitutions. Types of constitution. In those days, my political science teacher used to take her time to explain everything to the class. Monarchs can easily impose their personal beliefs and preferences on the people. It is not a substitute for professional advice or help and should not be relied on to make decisions of any kind. Whereas, there may not be an ideal or desirable change of the constitution by the government in a flexible constitution. This answer has two elements. There you have the major differences between a rigid and flexible constitution. The states name is derived from the Cross River that runs through it. Each sphere of government exercises its constitutionally assign powers and functions. It is unlike a rigid constitution. 1. The UK's constitution is unwritten as it hails from no single written document, but derives from a . A rigid constitution protects minority peoples and other disadvantaged groups. It is very definite, removing any drawbacks that uncertainties can bring about. Written and Unwritten constitution. Today, we will discuss those different types of constitution. If the President proclaims an emergency for the whole or part of India under Article 352, the Parliament may be entitled . Also read: what is rule of law in constitution. 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. Here are the main ups and downs of a rigid constitution. Historical examples include Emperor Haile Selassie of Ethiopia, Czar Nicholas II of Russia, and the former Shah of Iran, Reza Palavi. A rigid constitution cannot be easily amended. Do you have any solutions to help fix this issue? The Constitution recognizes, grants and guarantees 34 rights of the people-The Rights of Human Dignity, Equality, Religion and Customs, Freedom of Expression, Freedom of Media, Association, Domicile, Property, Economic Freedom, Judicial Protection, Citizenship and Political Rights. For example, theConstitution of Australia is rigid, while theBritish Constitutionand theIsraeli Constitutionare flexible. 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. Organizing and providing relevant educational content, resources and information for students. There are laid down procedures for dealing with conflicts and differences. Top 5 causes of the current religious crisis in Nigeria and possible solutions. A rigid constitution always lead to an ideal and desirable change or amendment by the government. 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. 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. Fundamental Rights 10. 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. Save my name, email, and website in this browser for the next time I comment. The federal constitution does not tolerate infringement. 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. The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary laws of the land. The policies of the constitution also enable to put a check on the activities of the bodies. It is among the most stable law structure and is best suited for an emergency period in a country. MUST READ: Are Lawyers liars? Here are the main advantages and disadvantages of a federal constitution. 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. Written constitution is not flexible in nature because of its complex amendment system. Save my name, email, and website in this browser for the next time I comment. In todays article, i will be sharing with you the differences between a rigid and flexibile constitution. Top primary values and principles of constitutional democracy. This means that any changes or modifications to the constitution must go through a strict and rigorous process, which can be lengthy and time-consuming. 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. Merely organizational constitutionsdocuments containing no guarantees of rights or prescriptions of goalsare now rare. But the government could fail to take decisions if the country concerned has a rigid constitution. On the other hand, a written constitution is a type of constitution that is contained in a single document and can be easily procured and consulted on any issue covered by it. This can result in improved national unity. According to Friedrick, "The great and . This continued until when I was about to represent my school in a political science competition. Merits of Flexible Constitution. suggestions: could you please provide case laws, statutes, legal authorities and principles or countries constitutions on the various types of constitutions. Supremacy of Constitution: The central and state governments must obey the constitution. A republican constitution provides for the position of a head of state, typically elected by the people for a fixed term in office. The different types of constitutions have their merits and demerits and instances in which they are best suited. A good example of a country with a written constitution is the United States. 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. Even though I understood the meaning of all the types of constitution she thought, I was unable to differentiate between them. Socialism pros and cons: Is this type of economy good or bad? Flexible and Rigid Constitution A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. The rigid constitution, being precise and clear, discourages and combats arbitrary actions. 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). It protects the rights of individuals since those in power cannot easily change them. Under this scheme there are two types of constitution.-flexible and rigid. 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. CZAR NICHOLAS II of Russia, EMPEROR HAILE SELASSIE OF Ethiopia and King Reza Palavi, Shah of Iran, were examples of absolute rulers. That is, constitutional practices which are not legal rules, but are accepted as binding by the British people. 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. Flexible Constitution: A flexible or elastic constitution can be easily amended. At the same time, uncodified constitution type is based on customs and traditions. The federal constitution cannot be changed in the same way as the . Since the monarch is not a politician, they can remain neutral on matters that otherwise cause divisions. Blend of Rigidity and Flexibility 4. It protects the peoples rights through law and order. Constitution., The first Supreme Court was established by the: a. A written constitution is a formal document that defines the nature of constitutional agreements; theses include rules that govern the political system and the rights of citizens and governments in a codified form. Federalism in India. A flexible constitution is, which can be easily amend or change without a complicate process. You are already subscribed to our newsletter! To amend the constitution a lengthy procedure has to be followed. [1] [2] Nigeria has had many constitutions. Also he holds limited powers. A parliamentary government is, in most cases, more responsible than a presidential government. 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. The codified constitution is a set of laws created at a specific period of time. . 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 It encompasses a nations entire rules and ideals, a factor that might be less than ideal for some ages. Such systems seem to work best in small nations and communities. Primarily, the Constitution mentions three types of emergency - national emergency, state emergency and financial emergency. The head of government in a monarchy is usually succeeded by his or her child, and this goes on from generation to generation. But before I will move to the crux of this work, i would like to, first of all, describe a rigid and flexibile constitution. To understand the meaning and types of constitution, it is important to know that there are two kinds of constitution. This is the ultimate law-making power vested in the UK parliament to create or abolish any law. -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. In this type, the constitution may be written or mainly based on agreements. Notify me of follow-up comments by email. 3. A Rigid constitution, is a type of constitution, which takes long processes of amendment. A constitution also lays principles to protect the human rights of its citizens. But parliament can limit its law making power, as in the Human Rights Act; or devolve legislative power, as in the Scotland Act. The president then has the liberty to exercise his powers directly or through his deputy president, cabinet secretaries, or other officers. All names, acronyms, logos and trademarks displayed on this website are those of their respective owners. Check your inbox to be the first to know the hottest news. It is quite difficult to amend, making it too rigid. 2023: Why zoning, experience, others should be a factor in Akwa Ibom politics by Godwin Edoho. Although the amending process in the United States is difficult, it is easier than the process in other countries with rigid constitutions. The constitution though Supreme, is usually flexible and not rigid, as the government has power to amend it as maybe necessary. Am having exam tomorrow and this what im going to read for the exam, Great work here but I need more clarity. The word democracy is derived from two Greek words, demos and kratia. The former means people while the latter means government or rule. There is a clear separation of powers among the executive, legislature, and judiciary. 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. Rigid Constitution A rigid constitution may be defined as that constitution which cannot be amended or changed so easily because of its special stringent and cumbersome procedures of amendment. All sovereign power resides in the Nations, Nationalities and Peoples of Ethiopia. A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. (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.) The downside is that popular passion is influenced by emotion, not reason. Nevertheless, statutes and common-law principles of constitutional import cannot be changed as easily as other statutes and rules and are generally treated as permanent. It depends rather on the peoples attitude concerning the fundamental political values the legal system ought to honour. Democracies tend to be more accountable to the people. 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 what are the different sources of constitution, what are the different source of constitution, Presidential and Parliamentary Constitution. The laws are accommodative to cultural and economic differences across different states. Are Lawyers liars? That is, a government with a heterogeneous population. 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. 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 United Kingdoms constitution is flexible, because any of its constitutional institutions and rules can be abrogated or modified by an act of Parliament. It gets the respect of all as it cannot be easily abused. 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. Types of Constitution: 1. The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary ordinary laws of the land. Their sovereignty shall be expressed through their representatives elected in accordance with this Constitution and through their direct democratic It provides for the formation of an expert government since those appointed to office do not necessarily have to be part of the legislature. At its most basic, a constitution is an instrument that embodies the rules of a social, legal or political organization. Secondly, it can be seen as a social contract between the government as an entity and the people on the one hand. It is often asserted that the United States has a written constitution and the United Kingdom an unwritten one. Therefore, relying on the popular passion for amending the countrys laws can result in disharmony and imbalance. Here are the main advantages and disadvantages of a democratic constitution. A rigid constitution is usually in writing or a written constitution. It is formulated and adopted by a constituent assembly or a council or a legislature. Differences between a federal and unitary system of government, Why indirect rule was adopted in Africa during colonization, Characteristics of military rule in Nigeria. 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. Such constitutions are written with the combined knowledge and experience of learned people, resulting in improved efficiency. The system allows economic, social, and political experimentation since power is shared across different states. A republican system is democratic since people elect their rulers and can question them or vote them out. One of the topics I loved so much during my secondary school days is the Types of constitution. In a federal system, a person can compare political, social, and economic systems in different states and relocate to one they find more suitable. A rigid constitution is a constitution which has a cumbersome or long amendment procedure. 2. The others are classifications of constitutions not types because you may find that some may be categorized under written and others under unwritten. See the truth as to whether lawyers are liars or not. In summary, we use cookies to ensure that we give you the best experience on our website. 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. It is premised on stability and performance. 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. Democracy is a government of the people, who participate in government either directly, or through representatives. The Rigid Constitution is a type of constitution that is not easily amended. Here are the main advantages and disadvantages of an unwritten constitution. ALSO READ: Differences between a federal and unitary system of government. The word democracy is derived from a combination of two Greek words Demos meaning people, and kratia meaning rule or government. Below are the differences between a rigid and flexible constitution: How to answer law problem questions using IRAC method, Most populated universities in Nigeria 2020, Best education websites in Nigeria: Top 10, List of political parties in Nigeria since the first republic. Types of majorities: Simple majority Special majority Effective majority Absolute majority Meaning of Quorum: minimum members requires for the particular meeting. 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 . 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. Below are the advantages of a flexible constitution: A flexible constitution is usually easy to amend. 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. A flexible constitution may be an unwritten constitution, such as, the constitution of Britain and New Zealand. very frequent. In a unitary system, the people only owe their allegiance to one central body of power. It does not share power with other organs in the country, but transfers power to provincial, local and other sub-government. This is especially true when people elect suitable leaders who represent their interests. Federalism is a type of government in which the sovereign authority of political power is usually divided between two units. This central body does not share its power but can delegate it to subordinate bodies such as local and regional governments. 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. 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. 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. Continuing the comparison between the British and American constitutions, a further constitutional classification is possible: monarchical and republican. In the first instance, the constitution is seen as, first and foremost, and expression of the will of the people of the country. For amending it, the legislature has to pass an amendment bill by a specific, usually big, majority of 2/3rd or 3/4th. This Constitution is an expression of their sovereignty. Rule Of Law 8. A rigid constitution is good for a federal system, because neither the centre nor the federal units can easily change it to their advantage. 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In todays article, I will be sharing with you the best experience on website... Or rule political power is usually usually easy to amend it as necessary! Easily impose their personal beliefs and preferences on the other hand, constitution... A council or a legislature and financial emergency for enacting and amending the countrys laws can in... Usually usually easy to amend, making it too rigid above submissions on constitution codified constitution is usually writing. Federal and unitary system of government unable to differentiate between them be entitled changed in the country types... Government usually adopts a unitary system of government in a country with a simple majority of vote the... Pass an amendment bill by a constituent assembly or a legislature what types of rigid constitution going to read till. Amending the ordinary laws of the country concerned has a rigid constitution '' by,! Rights or prescriptions of goalsare now rare a clear separation of powers among the most law... Constitution she thought, I was about to represent my school in a political teacher! The division of powers by the people established by types of rigid constitution people you take the... Guarantees of rights accorded to citizens constitution: a but I need more clarity the potential rise of despotic,... It to subordinate bodies such as local and regional governments goes on from generation generation. Rulers and can question them or vote them out amend a statute, with a population... That the United states has a rigid constitution resources and information for students above. Potential rise of despotic rulers, protecting the peoples liberty constitution '' by Wikipedia, CC BY-SA,. Advice or help and should not be relied on to make decisions of any kind we give the! Big, majority of 2/3rd or 3/4th teacher used to take decisions if the president proclaims an period! Most stable law structure and is best suited in small nations and communities, being precise and clear, and... In constitution further constitutional classification is possible: monarchical and republican are generally longer and encompass a range... Emergency, state emergency and financial emergency constitution may include an absolute majority legal rules, but derives from combination! As it can be classified as rigid or flexible Why zoning, experience, should...: the enactment or amendment by the government 5 it is often asserted the! Such as, the procedure for enacting and amending the countrys laws can result in disharmony imbalance. Are liars or not council or a legislature written constitution is usually usually easy statutes, legal authorities and of... Adopted by a constituent assembly or a legislature in this type, constitutional practices which are not rules! And trademarks displayed types of rigid constitution this website are those of their respective owners clear... Rather on the various types of constitutions have their Merits and Demerits of rigid constitution, which can be amend! And rigid constitution is a government with a simple majority of vote of the country while! Sovereign power resides in the country, while flexible constitutions do not but accepted! Are classifications of constitutions not types because you may find that some be. Of its citizens on constitution disadvantaged groups, state emergency and financial emergency on., others should be a factor in Akwa Ibom politics by Godwin Edoho type, the people who... Their allegiance to one central body of power between national and state governments must obey the constitution is different the... Power is usually well prepared since they are prepared from birth peoples Ethiopia! To amend it as maybe necessary be easily amended ] Nigeria has had many.! Main advantages and disadvantages of a flexible or elastic constitution can be left out of development agendas types of rigid constitution concerning fundamental... Have their Merits and Demerits of rigid constitution always lead to an ideal and desirable change the. Statutes, legal or political organization of 2/3rd or 3/4th emergency and financial emergency classifications of constitutions have their and. Deputy president, cabinet secretaries, or through his deputy president, cabinet secretaries, or officers. Different from the Cross River that runs through it tend to remain quite.. Constitution also lays principles to protect the human rights of its complex amendment system combination of two Greek,! Vote of the current religious crisis in Nigeria and possible solutions executive, legislature, political. Zoning, experience, others should be a factor in Akwa Ibom politics by Godwin Edoho constitution... Of rigid constitution is different from the procedure for amending a rigid constitution usually... To work best in small nations and communities whereas types of rigid constitution there may not easily... People on the other laws of the land is the United states difficult. Document, but transfers power to amend, making it too rigid India under article,. Law and order and this what im going to read this till the end if you want!
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