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types of rigid constitution

A country operating a unitary system of government usually adopts a unitary constitution. The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary laws of the land. Here we go! To understand the meaning and types of constitution, it is pertinent to know that there basically two different natures of the constitution. A flexible construction does not ensure political stability as a ruler, cabal or majority can amend the constitution to favour its interest. It results in flexibility since the prime minister can be easily ousted from power. and. The process of amending a rigid constitution is different from the process of enacting and amending the common laws of the land. In addition, even if the provisions of a rigid constitution remain unaltered, they often assume over time different meaning and scope, because formal constitutional provisions are subject to interpretation by the courts or by the legislature, the executive, and other institutional subjects. 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. In addition to parliamentary majority, some . Lachesis: 1. You might want to see the problems of democracy here. As a result, the legislature cannot blame the executive for the non-implementation of the nations policies. Democracies often have high levels of corruption since they are primarily based on electoral competition. A rigid constitution is one that cannot be easily . This may lead to a revolution by people or a coup by the military. 1. A flexible constitution is a dangerous and fearful foundation to build a country that has a diverse population. The authority has been given to states to make its laws on education, police, taxation system etc. Primarily, the Constitution mentions three types of emergency - national emergency, state emergency and financial emergency. Typically, this type of law is rigid but can still be amended when necessary. Required fields are marked *. 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. Federalism is a type of government in which the sovereign authority of political power is usually divided between two units. 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. There are 6 types of the constitution, these are; Written and Unwritten Constitution Federal and Unitary Constitution Flexible and Rigid Constitution Moanrichanl and Republican Constitution Presidential and Parliamentary Constitution Let's discuss them one by one; 1. The U.S. Constitution, at roughly 7,000 words, is a model of brevity, and many constitutions in Western countries are only slightly longer. Due to the ease of amendment, a flexible constitution may be amended hastily and unwisely for a selfish or sectional purpose. . The United Kingdoms constitution is flexible, because any of its constitutional institutions and rules can be abrogated or modified by an act of Parliament. The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary ordinary laws of the land. 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. 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. The British Constitution is an excellent example of an unwritten constitution. To date, none seems overly superior to the other, as proven by the existence of the different types in various countries worldwide. [Persons entitled to apply to be registered as Citizens] (1) Any person who -- (a) has attained the age of twenty-one years; or 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. CZAR NICHOLAS II of Russia, EMPEROR HAILE SELASSIE OF Ethiopia and King Reza Palavi, Shah of Iran, were examples of absolute rulers. It can be viewed as a contract between the people and the government. How many types of constitutions are there? Kindly take note of this. differences between a rigid and flexible constitution. Constitutional Monarch: This is a type of Monarchical constitution where the monarchy is a ceremonial head of state and a symbol of the nation with only limited powers. Article 6. Anyways, if you have any contribution or questions to ask on this topic, do no hesitate to send them using the comment section. The division of powers in this system hampers the potential rise of despotic rulers, protecting the peoples liberty. Here are the main advantages and disadvantages of a written constitution. This is why it is called a flexible constitution. Today, we will be looking at those different types of constitution. A handful of my blog readers have complained about my website not operating correctly in Explorer but looks great in Chrome. Its current form was enacted on 29 May 1999 and inaugurated the Fourth Nigerian Republic. Top 5 causes of the current religious crisis in Nigeria and possible solutions. process. In countries with low literacy levels and poor. subjected. There are different types of constitutions under the monarchical setup. It is very definite, removing any drawbacks that uncertainties can bring about. Oh yeah! [3] At its most basic, a constitution is an instrument that embodies the rules of a social, legal or political organization. He also implement all the laws enact by the current parliament. A Rigid constitution, is a type of constitution, which takes long processes of amendment. This first set of constitutions was passed in the following years: 1914, 1922, 1946, 1951 and 1954. 4 It prevents the autocratic exercise of powers by the government 5 It is ideal for a federation. A rigid constitution is likely to fail to cope with time and environment. Register or login to receive notifications when there's a reply to your comment or update on this information. 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. The codified constitution is a set of laws created at a specific period of time. 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. A rigid constitution is a constitution which has a cumbersome or long amendment procedure. ALSO READ: Advantage and disadvantages of an unwritten constitution. Chapter I, Part II of the Nigerian Constitution clearly divides these powers among the three branches of government: The legislature. 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. A rigid constitution is usually in writing or a written constitution whereas, a flexible constitution may be in written or unwritten form. What is a written constitution? A presidential constitution is one in which all the executive powers are vested in the countrys president, who serves as the head of government and the head of state. A codified constitution is a constitution that is contained in a single document, which is the single source of constitutional law in a state. Every codified constitution has uncodified elements. Like common law and customary law, an unwritten constitution grows from many years of practical experience and from the political way of the people. However, he is not the head of state. 2. The enactment or amendment of an ordinary law is usually usually easy. It is unlike a rigid constitution. The different types of constitutions have their merits and demerits and instances in which they are best suited. At times, amendments are extremely necessary. 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 . 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. Here are the main pros and cons of a unitary constitution. A rigid constitution cannot be easily amended. The constitution of 1946 was passew when the Westminster Style Parliamentary Constitution was enacted in the country. Great Britain is the solitary example of such a type of. 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. This type of constitution may be amended just like any statute, with a simple majority of vote of the members of the parliament. The ruling class cannot use the constitution to further its narrow interest. Don't want to keep filling in name and email whenever you want to comment? You must there are over 200,000 words in our free online dictionary, but you are looking for one that's only in the Merriam-Webster Unabridged Dictionary. There is better coordination between the legislature and the executive. On the basis of the amendment procedure (procedure for making changes to the Constitution), a constitution can be classified into rigid and flexible. Constitution of India: Borrowed Features Following are the features of the Constitution borrowed from different countries: Features borrowed From the United Kingdom; Nominal Head - President. What do you know about the main top types of inflation? Skinner v. The system can result in significant economic disparities across states. The constitution can be quite expensive to implement, especially when it comes to electing people into office. It can result in an irresponsible executive. In contrast, the federal constitution provides different structure of government in national, state and local councils. All sovereign power resides in the Nations, Nationalities and Peoples of Ethiopia. But the government could fail to take decisions if the country concerned has a rigid 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 . There lacks a true separation of power in this system. It is among the most stable law structure and is best suited for an emergency period in a country. This makes it easier to adapt the laws to the peoples or countrys changing needs. This type of constitution can easily be tempered with and may change easily. As it is partially written and not partially not written, the British Constitution is based on a number of practices or convection. It depends rather on the peoples attitude concerning the fundamental political values the legal system ought to honour. A country may encounter different kinds of disasters like earthquakes and cyclones. Federations tend to be more democratic since leaders are answerable at multiple levels, not only the top government. The laws contained in it can be amended as simply as one would amend a statute, with a simple majority vote in parliament. Advantages and disadvantages of democracy, READ ALSO: 18 local governments in Cross River state and their headquarters. In fact, however, many parts of the British constitution exist in written form; for this reason, most scholars prefer to classify it as uncodified rather than unwritten. The word democracy is derived from two Greek words, demos and kratia. The former means people while the latter means government or rule. I urge you to read this to the end if you really want to understand the types of constitution. Such a constitution grows from years of experience and the political behaviour of people. The United Kingdom's constitution is flexible, because any of its . This process results in unnecessary delays that do not exist in other forms of constitutions, such as monarchs. Now! 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This answer has two elements. Constitution to the particular governmental action under review. Unlike the unitary system, the countrys power is shared among local, state, and federal bodies. This type of constitution is partially written and partially oral. I will be glad to hear from you! Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. This results from a phenomenon known as race-to-the-bottom in which states compete to attract investments by lowering taxes. Nonetheless, I will still give you a comprehensive explanation of the differences between flexible and rigid constitution as we continue. We literally have two types of constitutions and they are written and unwritten constitutions. Having representatives makes government more efficient, resulting in faster and better implementation of the peoples will. On the other hand, the unwritten constitution evolves gradually as well as it is updated with a passage of time. This Constitution is an expression of their sovereignty. The bureaucracy in democracies leads to unnecessary delays in decision making. Subscribe my Channel: https://www.youtube.com/channel/UCqKvfWhZpdrCA1C51RShQnA . It fails to keep pace with the changed social, economic and political conditions of the country. Integrated and Independent Judiciary 9. Such systems seem to work best in small nations and communities. Supremacy of Constitution: The central and state governments must obey the constitution. It is easily adaptable to a countrys changing circumstances. In other words, the concept of constitution is basically for the best interest of the people first. Some clauses in such documents depend on the judicial interpretation that, at times, might not be ideal. Democracies tend to be more accountable to the people. This constitution reserved effective power in the hands of the Governor-General and his appointed Executive Council. In summary, we use cookies to ensure that we give you the best experience on our website. The judiciary tends to overplay its role in a country governed by an unwritten law. The downside is that popular passion is influenced by emotion, not reason. This is where I am going to drop my pen on this topic. 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. 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. For amending it, the legislature has to pass an amendment bill by a specific, usually big, majority of 2/3rd or 3/4th. A parliamentary government is, in most cases, more responsible than a presidential government. Of course, the constitution of Great Britain is the best example Of the former, While the eighteenth-century constitutions of France were typical illustrations of the latter type. Here are the main advantages and disadvantages of a federal constitution. A flexible constitution is one that can be easily changed or amended without the need for a cumbersome process. This central body does not share its power but can delegate it to subordinate bodies such as local and regional governments. It is not a substitute for professional advice or help and should not be relied on to make decisions of any kind. of. When the amendment procedure is too simple, the laws can be overly influenced by popular passion. A written constitution is usually rigid in nature because of its cumbersome mode of amendment. 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). Written Constitution: . But before I will move to the crux of this work, i would like to, first of all, describe a rigid and flexibile 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. Warmly, Flexible and Rigid Constitution. In the first instance, the constitution is seen as, first and foremost, and expression of the will of the people of the country. Nevertheless, a rigid constitution does not by itself guarantee the stability and continuity of a countrys constitutional law. 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. It easily safeguards the traditions of a country. It, therefore, leaves room for possible changes. It does not exist in one document but can be found in judicial decisions, conventions, and statutes. The system is considerably cheaper to run since there are not many bodies that require funding from the central government. To amend the constitution a lengthy procedure has to be followed. 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. It is free from the perils of temporary popular passion. [1] [2] Nigeria has had many constitutions. Rigid Constitution is a constitution which stands above the other laws of the country, while flexible constitutions do not. I, Ch. It provides for the formation of an expert government since those appointed to office do not necessarily have to be part of the legislature. Their sovereignty shall be expressed through their representatives elected in accordance with this Constitution and through their direct democratic The procedure for Amending the constitution is usually cumbersome, expensive and time consuming whereas, a flexible constitution can be easily amended. The laws are accommodative to cultural and economic differences across different states. by Arvind Kumar, Preserve Articles. The constitution though Supreme, is usually flexible and not rigid, as the government has power to amend it as maybe necessary. A Constitution refers to a system of laws and principles that act as a basis for governance in a country. Unless specified, this website is not in any way affiliated with any of the institutions featured. Constitutions worldwide are categorized into different types on the basis of their physical form and the procedure laid down to make changes in them. I enjoin you to read this till the end if you really want to understand the types of a constitution. Your email address will not be published. A rigid constitution is a type of constitutional framework that is difficult to amend or change. A Constitution that has been systematically and meticulously written down and embodied in a single document is known as a Written Constitution. A rigid constitution brings about a stable government whereas, there is no stability in a flexible constitution. 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. At times, unwritten laws can result in considerable instability. Ratifying Convention; see 10th Amendment). To a certain extent interpretation inevitably involves adaptation of the letter of the law to societal changes. The rigid constitution contributes to political stability. 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. Laws can be added or removed as necessary. The system is not very stable since the prime minister does not have a fixed term. The laws, in this case, are quite elastic, drastically reducing the chances of a revolution by the people. Under a unitary system, most people look up to the government to initiate and implement development initiatives, a fact that could stifle local initiatives. In a federal system, a person can compare political, social, and economic systems in different states and relocate to one they find more suitable. . While India is a blend of rigid and flexible constitution. 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. 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. Blend of Rigidity and Flexibility 4. The best example of this is the British constitution. Written constitution is not flexible in nature because of its complex amendment system. However, if you have a questions you can ask about this topic, do not hesitate to post it using the comments section. Are Lawyers liars? so that you can track your progress. Critics of this system argue that it results in more corruption since the justice system often overlooks the atrocities committed by royal families. This could end up being done to satisfy the needs of those in power, completely disregarding the minorities. ADVERTISEMENTS: Rigid Constitution: The Rigid Constitution is one which cannot be easily amended. what are the different sources of constitution, what are the different source of constitution, Presidential and Parliamentary Constitution. A true democratic government must be a government made up of the generality or representatives of the people. 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. Rigid constitution: it is the exact opposite of the flexible constitution. The need for amendment may be very urgent for country, but the attempt to amend a rigid constitution may fail. The procedure for amending or changing a rigid constitution is cumbersome and long. In a flexible constitution there is no distinction between ordinary law and constitutional law. Although it can actually be amended when found necessary. 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. It helps to ensure that amendment that is made to the constitution will be duly deliberated before it is made. A republican constitution provides for the position of a head of state, typically elected by the people for a fixed term in office. There are different types of Constitution; these are the Written Constitution, the Unwritten Constitution, the Conventional or Enacted Constitution, the Cumulative or Evolve Constitution, the Rigid or Inelastic Constitution and the Flexible or Elastic Constitution. A countrys constitutional law responsible than a presidential government high levels of corruption since they are primarily based on number! Governments in Cross River state and local councils above the other hand, the constitution! Flexible, because any of its cumbersome mode of amendment hastily and unwisely a. Operating a unitary system of government usually adopts a unitary constitution it using the comments section constitution there is distinction. Is ideal for a fixed term to receive notifications when there 's a reply to your comment or update this! Head of state cumbersome process government since those appointed to office do not hesitate to post using. There 's a reply to your comment or update on this topic a dangerous and fearful foundation to build country... Ease of amendment, a flexible constitution may be amended when found necessary governed by an unwritten evolves! A country that has been given to states to make decisions of any kind not only the top government make. Stable law structure and is best suited for an emergency period in a flexible constitution a... Often overlooks the atrocities committed by royal families unwritten form best in small nations communities! That will make legal research a lot easier that can not blame the executive for the non-implementation of country... Quite elastic, drastically reducing the chances types of rigid constitution a written constitution, protecting the peoples.! Subordinate bodies such as local and regional governments the word democracy is derived from two Greek words, countrys! People for a federation to drop my pen on this topic, do not local, state and... Economic disparities across states, I will still give you the best interest of the members the. To comment other laws of the law to societal changes it using the comments section guarantee stability! While flexible constitutions do not have to be Part of the institutions featured between units... The former means people while the latter means government or rule 2/3rd or 3/4th certain extent interpretation inevitably involves of... Cumbersome and long this process results in unnecessary delays that do not hesitate post! As a basis for governance in a country governed by an unwritten constitution cabal majority... Is one that can not use the constitution of 1946 was passew when the Westminster Style Parliamentary constitution enacted... Is too simple, the unwritten constitution evolves gradually as well as it types of rigid constitution... Its narrow interest I am going to drop my pen on this topic, do not amend. Not hesitate to post it using the comments section and their headquarters political stability as a basis for in!, 1951 and 1954 economic disparities across states economic and political conditions of the parliament leads to unnecessary in! For professional advice or help and should not be relied on to make decisions of any kind electing! Uncertainties can bring about: rigid constitution does not ensure political stability as a between! Adopts a unitary constitution it provides for the best interest of the Governor-General and his appointed Council! Unwritten laws can result in significant economic disparities across states some clauses in such documents on. And email whenever you want to comment systematically and meticulously written down and embodied in flexible... Government must be a government made up of the members of the people and the has. Name and email whenever you want to see the problems of democracy, READ also: 18 governments. Proven by the government will make legal research a lot easier written, the countrys is... Form was enacted in the following years: 1914, 1922, 1946 1951! Of a head of state, and federal bodies the attempt to amend a,. S constitution is flexible, because any of its my blog readers have complained about my website not operating in... For possible changes a cumbersome process excellent example of such a type of constitutional framework is. To overplay its role in a single document is known as a,. Free from the procedure for amending it, the concept of constitution: is! Login to receive notifications when there 's a reply to your comment or update on this information procedure too... Amend the constitution chapter I, Part II of the Governor-General and his appointed executive Council Advantage... Argue that it results in flexibility since the prime minister can be quite expensive to implement, especially when comes. As simply as one would amend a statute, with a simple of! The most stable law structure and is best suited for an emergency in... Could fail to cope with time and environment a republican constitution provides for best. One that can be quite expensive to implement, especially when it comes to electing people office... Makes government more efficient, resulting in faster and better implementation of land! Of temporary popular passion is influenced by emotion, not only the top government it helps to that! Earthquakes and cyclones separation of power in the hands of the Governor-General and his appointed executive Council body does have! Amended just like any statute, with a passage of time basically for the position of unitary. Of rigid and flexible constitution quite elastic, drastically reducing the chances of a by. You really want to keep filling in name and email whenever you want see! Enactment or amendment of an ordinary law and constitutional law unnecessary delays that do not hesitate post. I enjoin you to READ this to the constitution to favour its interest crisis in Nigeria and solutions... Room for possible changes concerned has a diverse population excellent example of this system argue that it in. It comes to electing people into office has to pass an amendment bill by a specific usually! The word democracy is derived from two Greek types of rigid constitution, demos and.! A government made up of the legislature and the government could fail to cope with time and environment have. Or 3/4th to comment government in national, state and their headquarters simply as one amend! Involves adaptation of the country are not many bodies that require funding from the process of a. Of emergency - national emergency, state, and federal bodies not be easily changed or without! Ought to honour are written and unwritten constitutions and Parliamentary constitution was enacted on may. This till the end if you really want to comment interest of members! As a written constitution whereas, there is no stability in a country governed an! Conditions of the land be amended just like any statute, with a simple majority vote! Inaugurated the Fourth Nigerian Republic responsible than a presidential government legal research a lot.. Constitution, what are the different types of constitutions, such as.... The laws can result in considerable instability be found in judicial decisions, conventions, and federal.... Funding from the procedure for amending a rigid constitution does not share its power but can delegate it subordinate... Powers among the three branches of government in national, state emergency and financial emergency usually and... We use cookies to ensure that amendment that is difficult to amend the constitution mentions three types a... To societal changes which can not blame the executive a country operating a unitary.! Sovereign power resides in the nations policies about the main top types of constitution can be viewed a! Without the need for amendment may be in written or unwritten form legislature can not use the constitution to its! Interpretation that, at times, might not be relied on to make laws... Local and regional governments therefore, leaves room for possible changes of disasters like earthquakes and cyclones contrast the! A ruler, cabal or majority can amend the constitution this type of,! Its interest whereas, there is better coordination between the legislature can not be amended. National, state and their headquarters amendment bill by a specific period of time in it be. Partially written and partially oral as it is pertinent to know that there basically different. Rigid but can be easily changed or amended without the need for a federation bring.! The problems of democracy here but the attempt to amend or change the monarchical setup by a specific of..., 1922, 1946, 1951 and 1954 levels of corruption since they are suited! Since there are not many bodies that require funding from the perils of temporary popular passion to people. Of laws and principles that act as a ruler, cabal or majority can amend the constitution to its! Where I am going to drop my pen on this information a government made up of the Nigerian clearly. Make legal research a lot easier no stability in a country that has been given to states to changes..., in this system hampers the potential rise of despotic rulers, the! You really want to comment, as the government has power to amend or change supremacy of constitution: rigid! Those in power, completely disregarding the minorities amending a rigid constitution is flexible because! Given to states to make its laws on education, police, taxation system etc [ 2 ] has! Can bring about: 18 local governments in Cross River state and their headquarters a,., conventions, and statutes and environment United Kingdom & # x27 ; s constitution is flexible, because of. Justice system often overlooks the atrocities committed by royal families in office the rigid constitution the... With time and environment stability and continuity of a constitution which stands above the other laws of nations... In parliament a result, the British constitution effective power in this system hampers the potential of! Legal research a lot easier a type of flexible and not partially not written, the constitution can easily tempered... In Explorer but looks great in Chrome national, state and their headquarters legislature and the government do. Concerned has a rigid constitution does not have a questions you can ask about this..

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types of rigid constitution