Constitutional Law-I. The powers of different form of government are often describe in the constitutional order of the organization. Eventually, state-centred decisions overtake national interests. 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). 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. c. outlined in The Federalist Papers, issue V d. found in Article 3 of the U.S. Having representatives makes government more efficient, resulting in faster and better implementation of the peoples will. what are the different sources of constitution, what are the different source of constitution, Presidential and Parliamentary Constitution. MUST READ: Are Lawyers liars? Rigid Constitutionis aconstitutionwhich stands above the other laws of the country, while flexible constitutions do not. Merits of Flexible Constitution. It is unlike a rigid constitution. It easily safeguards the traditions of a country. Flexible Constitution: A flexible or elastic constitution can be easily amended. On the basis of the amendment procedure (procedure for making changes to the Constitution), a constitution can be classified into rigid and flexible. In addition to parliamentary majority, some . We may share your site usage data with our social media, advertising, and analytics partners for these reasons. It protects the peoples rights through law and order. A written constitution is rigid and hence will be more stabie 5. will. A flexible construction does not ensure political stability as a ruler, cabal or majority can amend the constitution to favour its interest. 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. Although the amending process in the United States is difficult, it is easier than the process in other countries with rigid constitutions. A rigid constitution cannot be easily amended. Your browser seems to have Javascript disabled. According to Friedrick, "The great and . The head of government in a monarchy is usually succeeded by his or her child, and this goes on from generation to generation. It is premised on stability and performance. Constitution to the particular governmental action under review. The ruling class cannot use the constitution to further its narrow interest. Here we go! 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 For amending it, the legislature has to pass an amendment bill by a specific, usually big, majority of 2/3rd or 3/4th. 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. It is often asserted that the United States has a written constitution and the United Kingdom an unwritten one. Differences between the federal and unitary system of government, Differences between military and democratic government, Advantages and disadvantages of a written constitution, Offence of rape in Nigeria: Effects and punishment by the law, Examination malpractice in Nigeria: Causes, Effects and solutions. 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). This type of constitution is partially written and partly oral. 4 It prevents the autocratic exercise of powers by the government 5 It is ideal for a federation. This will go a long way to help you understand the differences as we continue. But good ?? 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. Therefore, the people have little to no say on matters of whoever governs the country. On the other hand, a flexible government is more suitable for a unitary system of government with a homogeneous population. 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. These kinds have two different ways in which the constitution can be understand. It will be nice to hear from you! Fantastic Nikola Tesla quotes for every occasion, All you need to know about the functions of government. With what I have discussed so far, I am sure you have been able to pick points some of the differences between a rigid and flexible construction already. It can be amended with the same ease in which statutes and ordinary laws are. On the other hand, a federal one provides for an association of states in which power is shared. A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. A rigid constitution is a type of constitutional framework that is difficult to amend or change. The federal constitution cannot be changed in the same way as the . Therefore, relying on the popular passion for amending the countrys laws can result in disharmony and imbalance. This is one of the major criticisms of a flexible constitution. This Constitution is an expression of their sovereignty. It is unsuitable for a country premised on a federal 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. process. A rigid constitution is good for a federal system, because neither the centre nor the federal units can easily change it to their advantage. A Constitution that has been systematically and meticulously written down and embodied in a single document is known as a Written Constitution. The procedure for Amending the constitution is usually cumbersome, expensive and time consuming whereas, a flexible constitution can be easily amended. Lengthiest Written Constitution 2. Differences between a federal and unitary system of government, Why indirect rule was adopted in Africa during colonization, Characteristics of military rule in Nigeria. ALSO READ: Features of Democracy: See the major features of democracy. There are two types of constitutions. However, if you have a questions you can ask about this topic, do not hesitate to post it using the comments section. The need for amendment may be very urgent for country, but the attempt to amend a rigid constitution may fail. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. 2. The procedure for amending a flexible constitution is not cumbersome, long expensive, time or energy consuming. Unfortunately, in such a scenario, a rigid set of laws make it very difficult to institute the necessary changes. rigid constitution noun : a constitution that is difficult or slow to change usually because of a prescribed process of amendment that is detailed and lengthy in execution Love words? In a unitary constitution, all the powers of government are in center, as it is the only source of authority from which power flows. 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. Reasons for underdevelopment in Nigeria and possible solutions. Written constitution is not flexible in nature because of its complex amendment system. Such systems seem to work best in small nations and communities. Also he holds limited powers. The powers of the different tiers of the government are usually spelt out in legislative lists of the federal constitution. The bureaucracy in democracies leads to unnecessary delays in decision making. 114-142 by Prof. G. W. Kanyeihamba ([emailprotected]). Critics of this system argue that it results in more corruption since the justice system often overlooks the atrocities committed by royal families. She would tell us the the advantages, disagreement, criticism and even problems of every type of constitution. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. hasty. There are different types of constitutions under the monarchical setup. . The Constitution of Nigeria is the written supreme law of the Federal Republic of Nigeria. Written constitution: This is where all the laws governing a country are codified into a single document or book. It does not allay the fear of ethnic domination of the minority by the majority people or religion in a multi-ethnic country. This happens because all resources have to be mobilized by the national government. But before I will move to the crux of this work, i would like to, first of all, describe a rigid and flexibile constitution. It is said that such a constitution is not ideal for a democracy. He rules by divine right and his powers were not limited by the constitution if any. Required fields are marked *. It protects the rights of individuals since those in power cannot easily change them. Your email address will not be published. As it is partially written and not partially not written, the British Constitution is based on a number of practices or convection. It is very definite, removing any drawbacks that uncertainties can bring about. This is a lesson from the tutorial, Constitutions and you are encouraged to log That is, constitutional procedures are not legal rules, but is accept by binding the British people. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. endments. 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. 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. 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. Save my name, email, and website in this browser for the next time I comment. It is formulated and adopted by a constituent assembly or a council or a legislature. Subscribe my Channel: https://www.youtube.com/channel/UCqKvfWhZpdrCA1C51RShQnA . 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. Conventionally, a democratic government should reflect the peoples generality and must be created and installed by the people. 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. It results in flexibility since the prime minister can be easily ousted from power. Primarily, the Constitution mentions three types of emergency - national emergency, state emergency and financial emergency. 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. Do you have any solutions to help fix this issue? Federalism is a type of government in which the sovereign authority of political power is usually divided between two units. Federalism is the distribution of power between the federal government and state governments. Defects of Unwritten Constitutions :-Unwritten constitutions, like those of the rigid type, have elements of weakness. Although courts may always review governmental action to guard against the arbitrary or unreasonable, the starting point must be a presumption . Here is a look at the different types of constitutions that exist in various nations worldwide. As a result, the legislature cannot blame the executive for the non-implementation of the nations policies. A country that uses an unitary government system usually adopts an unconstitutional constitution. The system is not very stable since the prime minister does not have a fixed term. Development tends to be even across the entire nation since the central government is responsible for developing every part of the country. This might result in the abandonment of more pressing issues, especially in highly progressive countries. The distinction between unitary and federal states, Judicial review outside the United States. Types of majorities: Simple majority Special majority Effective majority Absolute majority Meaning of Quorum: minimum members requires for the particular meeting. An uwritten constitution is a type of constitution that is not contained in one single document. One common way to amend the constitution is to increase the threshold of consent within parliament compared to ordinary legislature. The president then has the liberty to exercise his powers directly or through his deputy president, cabinet secretaries, or other officers. 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. 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. ALSO READ: How to become a successful lawyer: 7 Important Qualities. 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. 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. Today, we will be looking at those different types of constitution. For passing or amending an ordinary law, the . It, therefore, leaves room for possible changes. (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 different types of constitutions have their merits and demerits and instances in which they are best suited. 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. 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. Each body exercises its assigned functions and powers. This central body does not share its power but can delegate it to subordinate bodies such as local and regional governments. The United Kingdoms constitution is flexible, because any of its constitutional institutions and rules can be abrogated or modified by an act of Parliament. This may encourage the rise of dictatorship, as a person, or a cabal with dictatorial propensity may amend it to advance such desires. 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 . All sovereign power resides in the Nations, Nationalities and Peoples of Ethiopia. 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. The ordinary person cannot refer to any particular document to understand governance. A rigid constitution is usually in writing or a written constitution whereas, a flexible constitution may be in written or unwritten form. To understand the meaning and types of constitution, it is pertinent to know that there basically two different natures of the constitution. The system can result in significant economic disparities across states. Some clauses in such documents depend on the judicial interpretation that, at times, might not be ideal. At times, amendments are extremely necessary. A flexible constitution may be amended just like any statute with a simple majority of votes of the members of the parliament. 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. There is a clear separation of powers among the executive, legislature, and judiciary. The Constitution, though Supreme, is normally flexible and not rigid, as the government has the power to amend it as needed. Typically, this type of law is rigid but can still be amended when necessary. It means that the sovereign unit (Centre) and local units . 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. Nevertheless, the provisions of the Swiss constitution have been changed repeatedly on many important points. A country may encounter different kinds of disasters like earthquakes and cyclones. Classification of constitution Written and unwritten constitution Rigid and flexible constitution 1. Flexible and Rigid Constitution. A rigid constitution is a constitution which has a cumbersome or long amendment procedure. A flexible constitution is easily adaptable to meet the changing social, economic and political needs and developments of a country. Due to its overly flexible nature, the rules in this constitution keep on changing. 2023: Why zoning, experience, others should be a factor in Akwa Ibom politics by Godwin Edoho. 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. The federal constitution, is an free state organization with constitutionally assign powers in federal, state and local councils. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. 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 advantages and disadvantages of a democratic constitution. But parliament can limit its law making power, as in the Human Rights Act; or devolve legislative power, as in the Scotland Act. In addition, as ensured by the First Amendment, all American citizens are free to petition . 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 democratic constitution provides for the peoples participation in government either directly or through elected representatives. Top primary values and principles of constitutional democracy. so that you can track your progress. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. 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. 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. There lacks a true separation of power in this system. 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. The law makes it easier to make decisions since the people can supervise government at different levels. 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. I enjoin you to read this till the end if you really want to understand the types of a constitution. Socialism pros and cons: Is this type of economy good or bad? Required fields are marked *. This has led to questions over the balance of power between national and state governments. In a unitary system, the people only owe their allegiance to one central body of power. Whereas, there may not be an ideal or desirable change of the constitution by the government in a flexible constitution. Here are the main advantages and disadvantages of an unwritten constitution. Parliamentary sovereignty is commonly regarded as the defining principle of the British Constitution. In this article I will clearly highlight the basic differences between a rigid and flexible constitution. RIGID CONSTITUTION: Rigid constitutions are those, which require a special procedure for the amendment. suggestions: could you please provide case laws, statutes, legal authorities and principles or countries constitutions on the various types of constitutions. This type of constitution is unsuitable for tiny countries. A flexible constitution is a constitution which can easily be amended or changed without a cumbersome procedure. 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. 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. But there is stability in government with a rigid constitution, since it cannot be easily changed to suit the interest of just one person. in or register, Democracy, therefore, loosely translates to the peoples rule. Both the laws are enacted in the same manner and their source is also same. very frequent. Such procedures often involve a two-thirds vote in parliament, popular vote by the people or ratification through a referendum. Don't want to keep filling in name and email whenever you want to comment? 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. The constitution of 1946 was passew when the Westminster Style Parliamentary Constitution was enacted in the country. The Constitution is the creature of the State. In most cases, the head of state is known as the president. To understand the Monarchical Constitution, you must understand that the monarchy is a government govern by a King, Queen, or Emperor. Below are the advantages of a flexible constitution: A flexible constitution is usually easy to amend. 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. Trust me; this is the major advantage of a written constitution. The laws reflect a nations historical continuity. Note: the strength of quorum in India is 1/10th of total members Simple majority: 50% +1 of members present and voting. It may also face a rebellion or a revolution. He may be the king, president, chief, the emblem of the state and the Father or mother of the nation. 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. 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 . It can result in an irresponsible executive. Under such a law, the judiciarys main role is only to see whether the law conforms to the provisions of the constitutions. This time of constitution is good for a small country, kindred people or a homogeneous population. To amend or change, in such a scenario, a federal system face a rebellion or written. 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Or energy consuming in various nations worldwide federal system constitutionally assign powers in federal, state the... An uwritten constitution is a type of constitution, it is highly unlikely to have an unplanned shift power!