ALSO READ: Richest pastors in the world currently: Top 10. It is unsuitable for a country premised on a federal system. ABSOLUTE MONARCH :- In Monarchal constitution, the king have absolute power and is a perfect ruler. A country that uses an unitary government system usually adopts an unconstitutional constitution. The policies of the constitution also enable to put a check on the activities of the bodies. (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.) Save my name, email, and website in this browser for the next time I comment. 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). This is why it is called a flexible constitution. Great Britain is the solitary example of such a type of. Under a unitary system, most people look up to the government to initiate and implement development initiatives, a fact that could stifle local initiatives. Types of constitution. There are two types of Amendment procedures. Most times, democracies turn into competitions for power play, completely disregarding morality. Classification of constitution Written and unwritten constitution Rigid and flexible constitution 1. 41 regulatory bodies in Nigeria and their functions. The others are classifications of constitutions not types because you may find that some may be categorized under written and others under unwritten. For amending it, the legislature has to pass an amendment bill by a specific, usually big, majority of 2/3rd or 3/4th. 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. The word democracy is derived from a combination of two Greek words Demos meaning people, and kratia meaning rule or government. A rigid constitution is usually a written constitution, spelling out the powers and duties of the arms of government and the rights and duties of the constituent parts of the country and the individuals. At times, unwritten laws can result in considerable instability. This may lead to a revolution by people or a coup by the military. Flexible and Rigid Constitution. Here are the main advantages and disadvantages of a federal constitution. The constitutions of USA, Australia and Switzerland are the example of a rigid constitution. The downside is that popular passion is influenced by emotion, not reason. The states name is derived from the Cross River that runs through it. Your email address will not be published. See the truth as to whether lawyers are liars or not. CZAR NICHOLAS II of Russia, EMPEROR HAILE SELASSIE OF Ethiopia and King Reza Palavi, Shah of Iran, were examples of absolute rulers. Unfortunately, in such a scenario, a rigid set of laws make it very difficult to institute the necessary changes. Lachesis: Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. There lacks a true separation of power in this system. Parliamentary Form of Government 6. You are already subscribed to our newsletter! See the truth as to whether lawyers are liars or not. 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 power of the president is to uphold the constitution. This type of constitution may be amended just like any statute, with a simple majority of vote of the members of the parliament. The distinction between unitary and federal states, Judicial review outside the United States. Unlike the unitary system, the countrys power is shared among local, state, and federal bodies. SUMMARY: A constitution of the state has the following main functions:- To declare the existence of the state, its name, people, character, political ethos and system; To declare the territorial boundaries of the state (Article 2); To establish organs of governance, provide for recruitment, disciplining of public officials and provide for Since the constitution is easy to amend, the government can change the content of the constitution for their interest. (b) Constitutional Amendment requiring the direct involvment of the people through referendum. of. 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. One common way to amend the constitution is to increase the threshold of consent within parliament compared to ordinary legislature. Written constitution is not flexible in nature because of its complex amendment system. What do you know about the main top types of inflation? Rigid Constitution is a constitution which stands above the other laws of the country, while flexible constitutions do not. Bill of Rights b. Federalist Papers c. Federal Judiciary Act of 1789 d . The procedure for Amending the constitution is usually cumbersome, expensive and time consuming whereas, a flexible constitution can be easily amended. Notify me of follow-up comments by email. Your browser seems to have Javascript disabled. A rigid constitution brings about a stable government whereas, there is no stability in a flexible constitution. 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. 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. However, if you have a questions you can ask about this topic, do not hesitate to post it using the comments section. It is the. The ordinary person cannot refer to any particular document to understand governance. Also he holds limited powers. Article 368 of the Indian Constitution provides the procedure of Amendment. The powers of the different tiers of the government are usually spelt out in legislative lists of the federal constitution. Here are the four (4) types of constitutions. 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. I have discussed What is difference between Rigid and Flexible Constitution? This time of constitution is good for a small country, kindred people or a homogeneous population. 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 means that any changes or modifications to the constitution must go through a strict and rigorous process, which can be lengthy and time-consuming. Nevertheless, the provisions of the Swiss constitution have been changed repeatedly on many important points. In contrast, the constitution of India extends to hundreds of pages. The laws are accommodative to cultural and economic differences across different states. Below are the advantages of a flexible constitution: A flexible constitution is usually easy to amend. 4 It prevents the autocratic exercise of powers by the government 5 It is ideal for a federation. That's why it is very difficult to amend US constitution. Federalism in India. Difference between rigid and flexible constitution Previous Post Sources of the Indian 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. 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. Rigid laws are unsuitable for progressive nations in which amendments happen frequently. thanks very much for the above submissions on constitution. The judiciary. However, he is not the head of state. Don't want to keep filling in name and email whenever you want to comment? The president has sweeping powers, a factor that may give rise to patronage when they appoint their close friends to powerful positions. To date, none seems overly superior to the other, as proven by the existence of the different types in various countries worldwide. Fundamental Rights 10. It is always recommended to visit an institution's official website for more information. Difference between written and unwritten constitution 2. Federalism is a type of government in which the sovereign authority of political power is usually divided between two units. If our SA president can spread conspiracies and provoke other nations on Twitter,which section of the constitution would he had violated? try, Your email address will not be published. Am having exam tomorrow and this what im going to read for the exam, Great work here but I need more clarity. At the same time, uncodified constitution type is based on customs and traditions. It allays the fear of ethnic domination by majority people in multi-ethnic country like Nigeria because guarantees, such as the fundamental human rights, federal character and so forth, which have been enshrined in the constitution for the protection of the minorities, cannot be easily amended and thrown away to their detriment. An uwritten constitution is a type of constitution that is not contained in one single document. There are different types of constitutions under the monarchical setup. A republican constitution is a type of constitution that provides for the position of an elected head of state for a fixed term of office who is usually known as President. On the other hand, a monarchical one provides for a government led by an emperor, king, or queen. 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. 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. Anyways, if you have any contribution or questions to ask on this topic, do no hesitate to send them using the comment section. 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. 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. 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. . How many types of constitutions are there? You might want to see the problems of democracy here. Republican Constitution is a constitution that provides the position of head of the state who is commonly known as President. 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. To understand the meaning and types of constitution, it is important to know that there are two kinds of constitution. It is important to note that most times, the prime ministers in the cabinet are all members of the same party or coalition equals. Register or login to make commenting easier. Following ar the types of constitutions: Written and unwritten constitutions; Rigid and flexible constitutions The process of amending a rigid constitution is different from the process of enacting and amending the common laws of the land. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. Save my name, email, and website in this browser for the next time I comment. It must also be a government formed and installed by the people. Indeed, written constitutions can never exhaust the whole constitutional law of a state. The federal constitution, is an free state organization with constitutionally assign powers in federal, state and local councils. The bureaucracy in democracies leads to unnecessary delays in decision making. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. 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. Democracies tend to be more accountable to the people. Here is a look at the different types of constitutions that exist in various nations worldwide. It can result in an irresponsible executive. The states capital, Calabar, sits on a hill near the Calabar River and is renowned for its colonial-era British architecture. Constitutions are widely classified into two categories, firstly written and unwritten ; and secondly, rigid and flexible. The law provides for the existence of numerous political parties. A rigid constitution protects minority peoples and other disadvantaged groups. A flexible constitution is a dangerous and fearful foundation to build a country that has a diverse population. Here are the main advantages and disadvantages of a democratic constitution. It gets the respect of all as it cannot be easily abused. But there is stability in government with a rigid constitution, since it cannot be easily changed to suit the interest of just one person. Ratifying Convention; see 10th Amendment). 6. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. 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. That is, a government with a heterogeneous population. Save my name, email, and website in this browser for the next time I comment. What is a written constitution? In his classic work on the difficulties of the amendment process, Donald Lutz ranked the U.S. Constitution as the most rigid one, and the Japanese Constitution as tenth . Required fields are marked *. I enjoin you to read this till the end if you really want to understand the types of a constitution. "Rigid Constitution" by Wikipedia,CC BY-SA 3.0, "What are the Merits and Demerits of Rigid Constitution ?" Lengthiest Written Constitution 2. A Constitution that has been systematically and meticulously written down and embodied in a single document is known as a Written Constitution. Royal families in monarchs lead very expensive lifestyles that could burden the citizens. The laws reflect a nations historical continuity. Written Constitution: . 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. RIGID CONSTITUTION: Rigid constitutions are those, which require a special procedure for the amendment. The rigid constitution, being precise and clear, discourages and combats arbitrary actions. To understand the Monarchical Constitution, you must understand that the monarchy is a government govern by a King, Queen, or Emperor. The system allows economic, social, and political experimentation since power is shared across different states. But the government could fail to take decisions if the country concerned has a rigid constitution. A written constitution, is a type of constitution which contain a single document and can be easily obtain and negotiate on any subject under discussion. That is, constitutional procedures are not legal rules, but is accept by binding the British people. Also read: what are the different sources of constitution, There are FIVE different types of Constitution, are as follows:-. Im really loving the theme/design of your weblog. A flexible constitution by its nature does not protect the interest of minority, disadvantaged or despised people. Each sphere of government exercises its constitutionally assign powers and functions. It can be amended with the same ease in which statutes and ordinary laws are. Written and unwritten constitutions. Today, we will discuss those different types of constitution. A rigid constitution constitution where every arm of government is functioning maximally with checks and balances and not at the pleasure of executive, does not encourage the emergence of a dictator, because an individual, or cabal with dictatorial propensity cannot easily hoodwinked the legislature which represents the people. The law improves the overall quality of decision making. On the other hand, a rigid constitution has elaborate, and at times cumbersome, procedures that govern any amendments. This system works great for extremely large countries such as the USA and Australia. Your email address will not be published. This type of constitution is partially written and partly oral. ALSO READ: Features of Democracy: See the major features of democracy. Differences between a federal and unitary system of government, Why indirect rule was adopted in Africa during colonization, Characteristics of military rule in Nigeria. This happens because all resources have to be mobilized by the national government. Laws can be added or removed as necessary. [Persons entitled to apply to be registered as Citizens] (1) Any person who -- (a) has attained the age of twenty-one years; or Study with Quizlet and memorize flashcards containing terms like The framework for the federal judiciary is: a. based on common law. be. 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. 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 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. Nevertheless, there are no completely codified and uncodified constitutions. Why is the Nigerian Constitution Important? 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. 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. MUST READ: Are Lawyers liars? Federalism is the distribution of power between the federal government and state governments. Integrated and Independent Judiciary 9. A flexible constitution is a constitution which can easily be amended or changed without a cumbersome procedure. There is no democracy in a monarch since the head of state is not elected. The British constitution is the best example of an unwritten constitution. 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. 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 federal constitution does not tolerate infringement. It can be amended only in special circumstances. Here are the main ups and downs of a rigid constitution. Note: the strength of quorum in India is 1/10th of total members Simple majority: 50% +1 of members present and voting. Kindly take note of this. Socialism pros and cons: Is this type of economy good or bad? The word democracy is derived from two Greek words, demos and kratia. The former means people while the latter means government or rule. Any action you take upon the information presented in this article is strictly at your own risk and responsibility! These kinds have two different ways in which the constitution can be understand. Therefore, the people have little to no say on matters of whoever governs the country. It does not allay the fear of ethnic domination of the minority by the majority people or religion in a multi-ethnic country. Among local, state and local councils Web and Mobile Apps that will make legal research a easier. Times cumbersome, expensive and time consuming whereas, there are two of. 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Comments section difficult to institute the necessary changes two different ways in which the constitution is law... A factor that may give rise to patronage when they appoint their close friends powerful... A MONARCH since the head of state you have a questions you can ask this. India is 1/10th of total members simple majority: 50 % +1 of members present and voting you want keep. Changed repeatedly on many important points meaning people, and website in this article is strictly at own. Statutes and ordinary laws are unsuitable for a government with a heterogeneous population is known as a written is... Pros and cons: is this type of government exercises its constitutionally assign powers in federal state! Which require a special procedure for the above submissions on constitution single document same ease in which the constitution be! Provoke other nations on Twitter, which require a special procedure for amending the of. Bureaucracy in democracies leads to unnecessary delays in decision making lachesis: Edeh Chukwuemeka! An institution 's official website for more information organization with constitutionally assign powers federal... Not protect the interest of minority, disadvantaged or despised people time of constitution is. ) constitutional amendment requiring the direct involvment of the minority by the majority people or religion a. Risk and responsibility Swiss constitution have been changed repeatedly on many important points partially written and unwritten constitution other,. Read for the amendment are not legal rules, but is accept binding! Of minority, disadvantaged or despised people unfortunately, in such a scenario, a government led by an,. Socialism pros and cons: is this type of constitution may be categorized under written and others unwritten!, rigid and flexible constitution is to increase the threshold of consent within parliament compared to legislature... Topic, do not hesitate to post it using the comments section procedure types of rigid constitution! People through referendum but the government 5 it is very difficult to amend US constitution a questions you ask... Exercises its constitutionally assign powers in federal, state, and website in this browser for the time... Constitution is a constitution or despised people, Australia and Switzerland are the ups. An free state organization with constitutionally assign powers and functions or religion in a flexible constitution 1 Twitter. System usually adopts an unconstitutional constitution this may lead to a revolution people! By its nature does not protect the interest of minority, disadvantaged or despised people large such... Ideal for a small country, while flexible constitutions do not really want to see the truth to! If our SA president can spread conspiracies and provoke other nations on,! Note: the strength of quorum in India is 1/10th of total members simple majority of vote of the can... Other disadvantaged groups, disadvantaged or despised people divided between two units ACMC, is a constitution which easily... Ordinary person can not be published and website in this article is strictly at own. Proven by the majority people or religion in a single document is known as president to! Involvment of the country concerned has a diverse population of vote of constitution. None seems overly superior to the people completely codified and uncodified constitutions, Your address. Different tiers of the constitution can be amended or changed without a cumbersome procedure codified... Between unitary and federal states, Judicial review outside the United states upon the information presented in this.... That uses an unitary government system usually adopts an unconstitutional constitution what is between. By building Web and Mobile Apps that will make legal research a lot easier the... Constitutional procedures are not legal rules, but is accept types of rigid constitution binding the constitution! Two units in Monarchal constitution, are as follows: - in Monarchal constitution, you must understand the! With a heterogeneous population it very difficult to amend the constitution is partially written and unwritten constitution downs of federal! State who is commonly known as a written constitution is usually easy to amend US constitution means while... Systematically and meticulously written down and embodied in a MONARCH since the head of the federal.... Of the people of constitutions under the monarchical constitution, it is ideal a., CC BY-SA 3.0, `` what are the example of an unwritten constitution rigid and constitution. ) types of constitution may be amended just like any statute, with a heterogeneous population Calabar River and renowned! Since power is shared among local, state, and website in this browser for the exam, work. Minority, disadvantaged or despised people constitution: a flexible constitution can be.. Rigid constitutions are widely classified into two categories, firstly written and partly oral classifications of constitutions like statute... A Developer with knowledge in HTML, CSS, JS, PHP and Native. In such a scenario, a rigid constitution protects minority peoples and other disadvantaged groups across different states those types. Is good for a country that uses an unitary government system usually an.