In the second instance, the constitution is seen as a legal, social and a political contract between the people and the government or those holding public offices. On the other hand, a federal one provides for an association of states in which power is shared. Democracy is a government of the people, who participate in government either directly, or through representatives. To amend the constitution a lengthy procedure has to be followed. Today, we will discuss those different types of constitution. The need to determine the meaning of the Constitution through the use of methods of constitutional interpretation and, perhaps, construction,6 is apparent from the text of the document itself.7 While several parts of the Constitution do not lend themselves to much debate about their This time of constitution is good for a small country, kindred people or a homogeneous population. The UK's constitution is unwritten as it hails from no single written document, but derives from a . A constitution also lays principles to protect the human rights of its citizens. However, the procedure for amending a rigid constitution may include an absolute majority. That is, a government with a heterogeneous population. On the other hand, a flexible government is more suitable for a unitary system of government with a homogeneous population. Great Britain is the solitary example of such a type of. Drawn from Various Sources 3. 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. The Constitution of Nigeria is the written supreme law of the Federal Republic of Nigeria. A rigid constitution is one that cannot be easily . It contains titles available in the ASCL Library and published in the past six years. Development tends to be even across the entire nation since the central government is responsible for developing every part of the country. 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. On the other hand, the unwritten constitution evolves gradually as well as it is updated with a passage of time. Some federal features of the constitution are where in the cases where State's consent is needed for amendment and the three types of lists which give powers to the state. 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. Your email address will not be published. A flexible constitution just like an unwritten and unitary constitution, is wholly suitable for a multi-ethnic, multi-religious or heterogeneous population. In most cases, the head of state is known as the president. 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). In those days, my political science teacher used to take her time to explain everything to the class. Written Constitution: A written constitution means a constitution written in the form of a book or a series of documents combined in the form of a book. The Constitution, though Supreme, is normally flexible and not rigid, as the government has the power to amend it as needed. Check your inbox to be the first to know the hottest news. Legit.ng recently explore the 18 local governments in Nigerias Cross River State. This process results in unnecessary delays that do not exist in other forms of constitutions, such as monarchs. The powers of different form of government are often describe in the constitutional order of the organization. Register or login to make commenting easier. Organizing and providing relevant educational content, resources and information for students. The ruling class cannot use the constitution to further its narrow interest. 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. On the other hand, a parliamentary constitution is a type of constitution where all the executive powers of the government are vested in a Prime Minister, who is the head of government and the head of the majority party, but is not the head of state. Evolved and enacted constitutions. It is always recommended to visit an institution's official website for more information. The powers of the different tiers of the government are usually spelt out in legislative lists of the federal constitution. Parliamentary Form of Government 6. Rigid constitutions are those, which require a special procedure for the amendment. A republican constitution provides for the position of a head of state, typically elected by the people for a fixed term in office. In the first instance, the constitution is seen as, first and foremost, and expression of the will of the people of the country. 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). It is among the most stable law structure and is best suited for an emergency period in a country. Lachesis: The first nature of the constitution is consider as the expression of the democracy of the country. . ABSOLUTE MONARCH :- In Monarchal constitution, the king have absolute power and is a perfect ruler. There you have the major differences between a rigid and flexible constitution. This is one of the major advantages of a flexible constitution you should know. 41 regulatory bodies in Nigeria and their functions. Unless specified, this website is not in any way affiliated with any of the institutions featured. endments. 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). As with other different aspects that define nations, there are various types of constitutions in different parts of the world. 21. Types Of Constitution 1. Supremacy of Constitution: The central and state governments must obey the constitution. See the truth as to whether lawyers are liars or not. Written constitutions are said to be normative when all their binding principles are observed, more or less, in the actual operations of the political system. Rigidity lends legitimacy to the constitution. But It is not a single document, but it contain various sources, such as statutes, convection, and judicial decisions. Types of Constitution: 1. One of the topics I loved so much during my secondary school days is the Types of constitution. This type of constitution is partially written and partly oral. differences between a rigid and flexible constitution. Here are the main advantages and disadvantages of a federal constitution. 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. The laws contained in it can be amended as simply as one would amend a statute, with a simple majority vote in parliament. Im really loving the theme/design of your weblog. A written constitution is enacted on a specific date by a particular body, which is specially designed for its adoption and enactment. In other words, the concept of a constitution is to provide facility people. To understand the meaning and types of constitution, it is pertinent to know that there basically two different natures of the constitution. Kindly take note of this. ALSO READ: Differences between a federal and unitary system of government. This type of constitution may be amended just like any statute, with a simple majority of vote of the members of the parliament. A flexible constitution is a constitution which can easily be amended or changed without a cumbersome procedure. in or register, In addition, as ensured by the First Amendment, all American citizens are free to petition . I enjoin you to seat calmly and read this work so that you will be able to grasp everything I will discuss here. One common way to amend the constitution is to increase the threshold of consent within parliament compared to ordinary legislature. 2023: Why zoning, experience, others should be a factor in Akwa Ibom politics by Godwin Edoho. The authority has been given to states to make its laws on education, police, taxation system etc. not. 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. The president has sweeping powers, a factor that may give rise to patronage when they appoint their close friends to powerful positions. Here we go! A state with such a constitution, he observed, is at best in the disagreeable position of a British traveler whom a hospitable Chinese entertainer has constrained to eat a dinner with chopsticks. Here are the main advantages and disadvantages of a democratic constitution. Democracies tend to be more accountable to the people. It safeguards peoples rights against legislative encroachment. 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. Countries that have rigid constitution includes: United States, Canada, France, Ghana, Nigeria, Sierra Leone, South Africa etc. 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. In particular, proposed amendments to the Constitution and other types of constitutional laws (see Question 1) must undergo two successive debates in each House of . If the President proclaims an emergency for the whole or part of India under Article 352, the Parliament may be entitled . But there is stability in government with a rigid constitution, since it cannot be easily changed to suit the interest of just one person. Constitutions are widely classified into two categories, firstly written and unwritten ; and secondly, rigid and flexible. Royal families in monarchs lead very expensive lifestyles that could burden the citizens. 2. In addition, this system recognizes a citizens right to exit a state. Merits of Flexible Constitution. It may also face a rebellion or a revolution. This kind of constitution can amend like any other law, by a simple vote of the members of parliament. Meanwhile, I would love to hear your contributions to this article. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Constitution to the particular governmental action under review. Typically, this type of law is rigid but can still be amended when necessary. A flexible construction does not ensure political stability as a ruler, cabal or majority can amend the constitution to favour its interest. Tell me what you think about the differences between a rigid and flexible constitution highlighted here. It can result in an irresponsible executive. RIGID CONSTITUTION: Rigid constitutions are those, which require a special procedure for the amendment. On the other hand, a monarchical one provides for a government led by an emperor, king, or queen. He may be the king, president, chief, the emblem of the state and the Father or mother of the nation. In this type, the constitution may be written or mainly based on agreements. In contrast, the constitution of India extends to hundreds of pages. 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. A rigid constitution is usually in writing or a written constitution. Such constitutions are written with the combined knowledge and experience of learned people, resulting in improved efficiency. The power of the president is to uphold the constitution. In contrast, a flexible constitution is one in which the legislature may amended the constitutions content and principles through use of the ordinary legislative process. Do you have any solutions to help fix this issue? Rigid Constitution: The Rigid Constitution is one which cannot be easily amended. In a unitary system, the people only owe their allegiance to one central body of power. Here are the main ups and downs of a rigid constitution. 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