The states name is derived from the Cross River that runs through it. The policies of the constitution also enable to put a check on the activities of the bodies. At its most basic, a constitution is an instrument that embodies the rules of a social, legal or political organization. On the other hand, a federal one provides for an association of states in which power is shared. Flexible and Rigid Constitution. This is why it is called a flexible constitution. Top details about affirmative action pros and cons. Article 368 of the Indian Constitution provides the procedure of Amendment. I have discussed What is difference between Rigid and Flexible Constitution? Written constitution is not flexible in nature because of its complex amendment system. There are laid down procedures for dealing with conflicts and differences. It gets the respect of all as it cannot be easily abused. At times, unwritten laws can result in considerable instability. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Here are the main pros and cons of a parliamentary constitution. Its method of amendment is difficult. The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary ordinary laws of the land. This has led to questions over the balance of power between national and state governments. The enactment or amendment of an ordinary law is usually usually easy. Read Constitutional Law and Governance in Uganda pg. It is always recommended to visit an institution's official website for more information. However, the procedure for amending a rigid constitution may include an absolute majority. A unitary constitution is one of a kind of constitution that provides for the powers of government to focus on a single central government. 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. This central body does not share its power but can delegate it to subordinate bodies such as local and regional governments. Do you ever run into any web browser compatibility issues? Skinner v. "Rigid Constitution" by Wikipedia,CC BY-SA 3.0, "What are the Merits and Demerits of Rigid Constitution ?" 2023: Why zoning, experience, others should be a factor in Akwa Ibom politics by Godwin Edoho. A country that uses an unitary government system usually adopts an unconstitutional constitution. Bill of Rights b. Federalist Papers c. Federal Judiciary Act of 1789 d . On the other hand, a rigid constitution has elaborate, and at times cumbersome, procedures that govern any amendments. However, he is not the head of state. Supremacy of Constitution: The central and state governments must obey the constitution. Each division has its constitutional powers and functions. The law provides for the existence of numerous political parties. 24. A flexible constitution may be an unwritten constitution, such as, the constitution of Britain and New Zealand. A Constitution refers to a system of laws and principles that act as a basis for governance in a country. Under this scheme there are two types of constitution.-flexible and rigid. Written and Unwritten constitutionA written constitution is one in which the fundamental principles concerning state administration are embodied and which has, as a specific document, been passed by a specific body So a written constitution can be produced and shown as a . 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. It protects the rights of the minority through judicial systems. Save my name, email, and website in this browser for the next time I comment. On the other hand, a flexible government is more suitable for a unitary system of government with a homogeneous population. [3] 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. Be the first to get hottest news from our Editor-in-Chief, Check your email and confirm your subscription. The codified constitution is a set of laws created at a specific period of time. It depends rather on the peoples attitude concerning the fundamental political values the legal system ought to honour. If necessary changes are not inserted in the constitution in view of the changes that take place with the march of time, the consequences may be very bad for country. The president may exercise the executive authority by own or through consultation with the vice-president, the minister, or other officers in the public service. The constitution can be quite expensive to implement, especially when it comes to electing people into office. Both the laws are enacted in the same manner and their source is also same. A parliamentary government is, in most cases, more responsible than a presidential government. A rigid constitution always lead to an ideal and desirable change or amendment by the government. The British constitution is the best example of an unwritten constitution. Classification of constitution Written and unwritten constitution Rigid and flexible constitution 1. 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. 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. 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 Each . However, the Constitution does not create clear-cut lines for which types of policy fall under each level of government. Your email address will not be published. It is important to note that most times, the prime ministers in the cabinet are all members of the same party or coalition equals. The powers of the different tiers of the government are usually spelt out in legislative lists of the federal constitution. It is necessary to take quick decisions to deal with such emergencies. It ensure political stability of the country because, no section can single handedly amend the constitution to its own favour. ALSO READ: How to become a successful lawyer: 7 Important Qualities. Government Constitutions Types of Constitution. Written and Unwritten Constitution The authority has been given to states to make its laws on education, police, taxation system etc. It means that the sovereign unit (Centre) and local units . Integrated and Independent Judiciary 9. 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. On the other hand, certain institutions of constitutional significance, including the system of political parties and judicial review of legislative and executive actions, are not mentioned in the written constitution. An uwritten constitution is a type of constitution that is not contained in one single document. Nonetheless, I will still give you a comprehensive explanation of the differences between flexible and rigid constitution as we continue. Areas neglected for political reasons can be left out of development agendas. 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. 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. 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. Since the presidents tenure is fixed, the country has more stability since it is highly unlikely to have an unplanned shift in power. Here are the main pros and cons of a unitary constitution. Constitutional law in countries with flexible constitutions does not have to be unstable or constantly in flux. Parliamentary Form of Government 6. The system is not very stable since the prime minister does not have a fixed term. Notify me of follow-up comments by email. This type of constitution is unsuitable for tiny countries. The head of government in a monarchy is usually succeeded by his or her child, and this goes on from generation to generation. This means that the powers and limitations of government, as well as the rights and duties of citizens, are set in stone and cannot easily be altered. 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. The system can result in significant economic disparities across states. It must also be a government formed and installed by the people. Those that are flexible allow any of the rules of the constitution to be modified through the simple procedure by which ordinary statutes are enacted. 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. Absolute monarch: This is one in which the monarch has absolute powers of governance. The President of India has the authority to proclaim an emergency under Articles 352, 356 and 360. Its current form was enacted on 29 May 1999 and inaugurated the Fourth Nigerian Republic. The states capital, Calabar, sits on a hill near the Calabar River and is renowned for its colonial-era British architecture. That is, constitutional procedures are not legal rules, but is accept by binding the British people. For example, theConstitution of Australia is rigid, while theBritish Constitutionand theIsraeli Constitutionare flexible. 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. It may also face a rebellion or a revolution. There is a clear separation of powers among the executive, legislature, and judiciary. It has ability to change quickly in accordance with changes in the social and political environment of the society and the state. However, she never said anything about the similarities or differences between some of the types of constitutions and that was a big problem. Since the constitution is easy to amend, the government can change the content of the constitution for their interest. While India is a blend of rigid and flexible constitution. Here are the main advantages and disadvantages of a republican constitution. 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. The judiciary tends to overplay its role in a country governed by an unwritten law. On the other hand, a monarchical one provides for a government led by an emperor, king, or queen. A rigid constitution is likely to fail to cope with time and environment. It can be amended with the same ease in which statutes and ordinary laws are. DISCLAIMER: This article is intended for general informational purposes only and does not address individual circumstances. Im really loving the theme/design of your weblog. Under such a law, the judiciarys main role is only to see whether the law conforms to the provisions of the constitutions. A rigid constitution allows for careful consideration before any amendment is made to the constitution. An unwritten constitution is a type of constitution does not contain a single document. 114-142 by Prof. G. W. Kanyeihamba ([emailprotected]). ALSO READ: Features of Democracy: See the major features of democracy. I urge you to read this to the end if you really want to understand the types of constitution. It is expensive, time and energy consuming for various legislature to amend the provision in question, or ratify the amendment and conduct a referendum for the people to affirm or approve the amendment under consideration. CZAR NICHOLAS II of Russia, EMPEROR HAILE SELASSIE OF Ethiopia and King Reza Palavi, Shah of Iran, were examples of absolute rulers. 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. To date, none seems overly superior to the other, as proven by the existence of the different types in various countries worldwide. See the truth as to whether lawyers are liars or not. On the other hand, a rigid constitution is a type of constitution, which has a cumbersome or long amendment procedures. This could end up being done to satisfy the needs of those in power, completely disregarding the minorities. The executive. A country operating a unitary system of government usually adopts a unitary constitution. A rigid constitution is one that cannot be easily . Check your inbox to be the first to know the hottest news. Organizing and providing relevant educational content, resources and information for students. The first nature or way of viewing the constitution is as an expression of the will or desire of the people. Nevertheless, there are no completely codified and uncodified constitutions. A republican system is democratic since people elect their rulers and can question them or vote them out. As the procedure of amendment of a rigid constitution is very difficult, it causes problems for the country. There are two types of monarchical constitution, are as follows:-. A flexible constitution may be amended just like any statute with a simple majority of votes of the members of the parliament. On the basis of the amendment procedure (procedure for making changes to the Constitution), a constitution can be classified into rigid and flexible. 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. Written and Unwritten constitution. Oh yeah! to. Second nature is that it can be seen as a legal, social and political contract between government as a organization. Article 6. ADVERTISEMENTS: ALSO READ: Richest pastors in the world currently: Top 10. Due to its overly flexible nature, the rules in this constitution keep on changing. I will be glad to hear from you! The United Kingdom's constitution is flexible, because any of its . Bills passed by the countrys legislative arm need to undergo numerous processes before becoming law. Constitutions are widely classified into two categories, firstly written and unwritten ; and secondly, rigid and flexible. ABSOLUTE MONARCH :- In Monarchal constitution, the king have absolute power and is a perfect ruler. But before I will move to the crux of this work, i would like to, first of all, describe a rigid and flexibile constitution. In this type, the constitution may be written or mainly based on agreements. what are the different sources of constitution, what are the different source of constitution, Presidential and Parliamentary Constitution. Constitutional Law-I. Nevertheless, a rigid constitution does not by itself guarantee the stability and continuity of a countrys constitutional law. A rigid constitution is suitable for a federal system of government. A rigid constitution protects the fundamental rights of the individual. Difference between rigid and flexible constitution Previous Post Sources of the Indian Constitution There you have the major differences between a rigid and flexible constitution. 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 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. Primarily, the Constitution mentions three types of emergency - national emergency, state emergency and financial emergency. The procedure for Amending the constitution is usually cumbersome, expensive and time consuming whereas, a flexible constitution can be easily amended. 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. Most times, democracies turn into competitions for power play, completely disregarding morality. Required fields are marked *. This makes it easier to adapt the laws to the peoples or countrys changing needs. A republican constitution provides for the position of a head of state, typically elected by the people for a fixed term in office. 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. . ALSO READ: Differences between a federal and unitary system of government. Since the head of state remains in power for a long time, countries under such laws tend to remain quite stable. The powers of different form of government are often describe in the constitutional order of the organization. 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). 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. constitution. 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. Method 1: Congress Proposes an Amendment. The downside is that popular passion is influenced by emotion, not reason. 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 bureaucracy in democracies leads to unnecessary delays in decision making. This may encourage the rise of dictatorship, as a person, or a cabal with dictatorial propensity may amend it to advance such desires. 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. differences between a rigid and flexible constitution. Ratifying Convention; see 10th Amendment). Rule Of Law 8. It is the. 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. According to Friedrick, "The great and . As a result of being partly written and partly unwritten, the British Constitution relies on many practices or conventions. This exposes the constitution to judicial intervention. It results in flexibility since the prime minister can be easily ousted from power. The burden of work can become quite heavy for those in government. Even though I understood the meaning of all the types of constitution she thought, I was unable to differentiate between them. What types of constitutions exist and what defines them? Federalism is a type of government in which the sovereign authority of political power is usually divided between two units. 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 procedure for amending a flexible constitution is not cumbersome, long expensive, time or energy consuming. Written and unwritten constitutions. Democracy is a government of the people, who participate in government either directly, or through representatives. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); What are the different types of Constitution, on What are the different types of Constitution. A written constitution is usually rigid in nature because of its cumbersome mode of amendment. 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. A rigid constitution brings about a stable government whereas, there is no stability in a flexible constitution. This is the ultimate law-making power vested in the UK parliament to create or abolish any law. in or register, A republican constitution is representative since leaders are elected through the will of the people. Like common law and customary law, an unwritten constitution grows from many years of practical experience and from the political way of the people. Rigid Constitutionis aconstitutionwhich stands above the other laws of the country, while flexible constitutions do not. She would tell us the the advantages, disagreement, criticism and even problems of every type of constitution. Today, we will be looking at those different types of constitution. Rigid and flexible constitutions. There are two types of Amendment procedures. To understand the Monarchical Constitution, you must understand that the monarchy is a government govern by a King, Queen, or Emperor. A country may encounter different kinds of disasters like earthquakes and cyclones. Lengthiest Written Constitution 2. A flexible constitution is a constitution which can easily be amended or changed without a cumbersome procedure. A rigid constitution is usually in writing or a written constitution whereas, a flexible constitution may be in written or unwritten form. You might want to see the problems of democracy here. This Constitution is an expression of their sovereignty. Reasons for underdevelopment in Nigeria and possible solutions. Like common law and customary law, an unwritten constitution grows from many years of practical experience and through human political approach. Continuing the comparison between the British and American constitutions, a further constitutional classification is possible: monarchical and republican. The U.S. Constitution, at roughly 7,000 words, is a model of brevity, and many constitutions in Western countries are only slightly longer. The others are classifications of constitutions not types because you may find that some may be categorized under written and others under unwritten. The process of amending a rigid constitution is different from the process of enacting and amending the common laws of the land. It does not exist in one document but can be found in judicial decisions, conventions, and statutes. There is better coordination between the legislature and the executive. It contains titles available in the ASCL Library and published in the past six years. The UK's constitution is unwritten as it hails from no single written document, but derives from a . It fails to keep pace with the changed social, economic and political conditions of the country. 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. Following ar the types of constitutions: Written and unwritten constitutions; Rigid and flexible constitutions 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. 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. 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. 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. A flexible construction does not ensure political stability as a ruler, cabal or majority can amend the constitution to favour its interest. In most cases, the head of state is known as the president. Although it can actually be amended when found necessary. Due to the ease of amendment, a flexible constitution may be amended hastily and unwisely for a selfish or sectional purpose. 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). A written constitution is enacted on a specific date by a particular body, which is specially designed for its adoption and enactment. 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Rulers and can question them or vote them out of India has the authority has been given to states make... Legal system ought to honour legal, social and political contract between government a! That is not contained in one document but can delegate it to subordinate bodies such as local regional..., in most cases, the constitution does not contain a single document this central body not.: differences between a federal system of government are often describe in the ASCL Library and published in world! Time, countries under such laws tend to remain quite stable of votes of the members of the constitution enable... The Cross River that runs through it I will still give you a comprehensive of! ; and secondly, rigid and flexible constitution may be an unwritten.. Experience and through human political approach British constitution is unsuitable for tiny countries near. Said anything about the similarities or differences between some of the will of the types of does! The provisions of the individual of democracy: see the problems of every type of constitution, what are main! And republican as a basis for governance in a flexible constitution depends rather on the other hand, flexible. First nature or way of viewing the constitution also enable to put a check on other! Judicial systems does not ensure political stability of the bodies countrys legislative arm need to undergo processes! Of power between national and state governments in a flexible constitution? categorized under written unwritten. Parliamentary government is, constitutional procedures are not legal rules, but is accept by binding the British.. Successful lawyer: 7 Important Qualities a head of state confirm your subscription browser compatibility issues in...