A person born in or outside Zambia after the commencement of this Constitution shall become a citizen of Zambia at the date of his birth if on that date at least one of his parents is a citizen of Zambia. In addition, as ensured by the First Amendment, all American citizens are free to petition . A rigid constitution is suitable for a federal system of government. Save my name, email, and website in this browser for the next time I comment. The executive. This may encourage the rise of dictatorship, as a person, or a cabal with dictatorial propensity may amend it to advance such desires. It results in flexibility since the prime minister can be easily ousted from power. Difference between written and unwritten constitution 2. 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. To amend the constitution a lengthy procedure has to be followed. It is premised on stability and performance. A presidential constitution is, in which all administrative powers are vest by the president of the country. Each body exercises its assigned functions and powers. 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. It helps to ensure that amendment that is made to the constitution will be duly deliberated before it is made. 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. 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. \(\overset{\underset{\mathrm{def}}{}}{=} \). Evolved and enacted constitutions. constitution. In other words, the concept of constitution is basically for the best interest of the people first. 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 British Constitution is an excellent example of an unwritten constitution. A rigid constitution is one that cannot be easily . What types of constitutions exist and what defines them? A flexible construction does not ensure political stability as a ruler, cabal or majority can amend the constitution to favour its interest. The distinction between unitary and federal states, Judicial review outside the United States. Unfortunately, in such a scenario, a rigid set of laws make it very difficult to institute the necessary changes. 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. ALSO READ: Advantage and disadvantages of an unwritten constitution. This is the ultimate law-making power vested in the UK parliament to create or abolish any law. 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 That is, constitutional practices which are not legal rules, but are accepted as binding by the British people. To understand a Monarchical constitution, you must understand that a monarchy is a government lead by a King, Queen, or Emperor. Parliamentary Form of Government 6. A rigid constitution protects minority peoples and other disadvantaged groups. On the other hand, a flexible government is more suitable for a unitary system of government with a homogeneous population. As the procedure of amendment of a rigid constitution is very difficult, it causes problems for the country. 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. Note: the strength of quorum in India is 1/10th of total members Simple majority: 50% +1 of members present and voting. 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. On the basis of the amendment procedure (procedure for making changes to the Constitution), a constitution can be classified into rigid and flexible. On the other hand, a rigid constitution has elaborate, and at times cumbersome, procedures that govern any amendments. However, she never said anything about the similarities or differences between some of the types of constitutions and that was a big problem. Today, we will be looking at those different types of constitution. Types of majorities: Simple majority Special majority Effective majority Absolute majority Meaning of Quorum: minimum members requires for the particular meeting. 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). 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. It may also face a rebellion or a revolution. You can learn more about how we use cookies by visiting our privacy policy page. Like common law and customary law, an unwritten constitution grows from many years of practical experience and through human political approach. Study with Quizlet and memorize flashcards containing terms like The framework for the federal judiciary is: a. based on common law. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. Instead of a 50% + 1 majority, a 2/3, 3/5 or 3/4 majority is required. Today, we will discuss those different types of constitution. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. I have discussed What is difference between Rigid and Flexible Constitution? The United Kingdom's constitution is flexible, because any of its . Democracy, therefore, loosely translates to the peoples rule. Blend of Rigidity and Flexibility 4. It is very definite, removing any drawbacks that uncertainties can bring about. Advantages and disadvantages of democracy, READ ALSO: 18 local governments in Cross River state and their headquarters. The laws are accommodative to cultural and economic differences across different states. Eventually, state-centred decisions overtake national interests. This happens because all resources have to be mobilized by the national government. 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. (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.) 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. Bills passed by the countrys legislative arm need to undergo numerous processes before becoming law. Rigid Constitution is a constitution which stands above the other laws of the country, while flexible constitutions do not. Not all monarchs are competent leaders. The states capital, Calabar, sits on a hill near the Calabar River and is renowned for its colonial-era British architecture. This could end up being done to satisfy the needs of those in power, completely disregarding the minorities. 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 In summary, we use cookies to ensure that we give you the best experience on our website. A flexible constitution may be an unwritten constitution, such as, the constitution of Britain and New Zealand. The constitution though Supreme, is usually flexible and not rigid, as the government has power to amend it as maybe necessary. I will be glad to hear from you! A rigid constitution is usually in writing or a written constitution. We literally have two types of constitutions and they are written and unwritten constitutions. In the first instance, the constitution is seen as, first and foremost, and expression of the will of the people of the country. 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. Here are the main advantages and disadvantages of a written constitution. He rules by divine sovereignty and his authority is not limited by the constitution. But It is not a single document, but it contain various sources, such as statutes, convection, and judicial decisions. It ensure political stability of the country because, no section can single handedly amend the constitution to its own favour. It fails to keep pace with the changed social, economic and political conditions of the country. Historical examples include Emperor Haile Selassie of Ethiopia, Czar Nicholas II of Russia, and the former Shah of Iran, Reza Palavi. There is a clear separation of powers among the executive, legislature, and judiciary. The constitution can be quite expensive to implement, especially when it comes to electing people into office. In todays article, i will be sharing with you the differences between a rigid and flexibile constitution. 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. This can result in improved national unity. This may lead to a revolution by people or a coup by the military. Defects of Unwritten Constitutions :-Unwritten constitutions, like those of the rigid type, have elements of weakness. This type of constitution is unsuitable for tiny countries. 2023: Why zoning, experience, others should be a factor in Akwa Ibom politics by Godwin Edoho. 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. The judiciary. Rigid laws are unsuitable for progressive nations in which amendments happen frequently. 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? Although amendment can be possible when is seems necessary. This article is licensed under a CC BY-NC-SA 4.0 license. 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. Constitution to the particular governmental action under review. 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. Its current form was enacted on 29 May 1999 and inaugurated the Fourth Nigerian Republic. When the amendment procedure is too simple, the laws can be overly influenced by popular passion. differences between a rigid and flexible constitution. We may share your site usage data with our social media, advertising, and analytics partners for these reasons. It can result in an irresponsible executive. However, he is not the head of state. be. It is among the most stable law structure and is best suited for an emergency period in a country. It must also be a government formed and installed by the people. 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. Synthesis of Parliamentary Sovereignty and Judicial Supremacy 7. This type of constitution is partially written and partly oral. Required fields are marked *. 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. The laws reflect a nations historical continuity. The system is considerably cheaper to run since there are not many bodies that require funding from the central government. Each . Are Lawyers liars? Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. An uwritten constitution is a type of constitution that is not contained in one single document. Federations tend to be more democratic since leaders are answerable at multiple levels, not only the top government. See the truth as to whether lawyers are liars or not. The judiciary tends to overplay its role in a country governed by an unwritten law. It is not in one document, but can be found in various sources, such as statutes, conventions and judicial decisions. A constitution also lays principles to protect the human rights of its citizens. A unitary constitution is one of a kind of constitution that provides for the powers of government to focus on a single central government. Here are the main upsides and downsides of a monarchical constitution. It is easily adaptable to a countrys changing circumstances. A rigid constitution is usually in writing or a written constitution whereas, a flexible constitution may be in written or unwritten form. If the President proclaims an emergency for the whole or part of India under Article 352, the Parliament may be entitled . Fundamental Rights 10. There are different types of constitutions under the monarchical setup. The president then has the liberty to exercise his powers directly or through his deputy president, cabinet secretaries, or other officers. It is formulated and adopted by a constituent assembly or a council or a legislature. Kindly take note of this. 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. 3. Following ar the types of constitutions: Written and unwritten constitutions; Rigid and flexible constitutions It will be nice to hear from you! try, Your email address will not be published. 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 . Most times, democracies turn into competitions for power play, completely disregarding morality. A flexible constitution is easily adaptable to meet the changing social, economic and political needs and developments of a country. Also read: what are the different sources of constitution, There are FIVE different types of Constitution, are as follows:-. As with other different aspects that define nations, there are various types of constitutions in different parts of the world. 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. However, the process of amending a rigid constitution may include a two-thirds majority vote of the members of the federal legislature, as well as a tow-thirds majority vote in two-thirds of the state legislatures in that country. It gets the respect of all as it cannot be easily abused. A rigid constitution always lead to an ideal and desirable change or amendment by the government. Countries that have rigid constitution includes: United States, Canada, France, Ghana, Nigeria, Sierra Leone, South Africa etc. 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. Laws can be added or removed as necessary. Written Constitution: A written constitution refers to when the whole body of fundamental law, customs, . 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. In contrast, the constitution of India extends to hundreds of pages. 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. 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. Advocates of this type of law argue that it results in less corruption since the person in power does not need to loot as much as possible before their term ends. The people can experience slow government response on matters such as defence and emergencies. This is where I am going to drop my pen on this topic. It is free from the perils of temporary popular passion. A. V. Dicey defines a rigid constitution as one under which certain laws, called constitutional laws or fundamental laws "cannot be changed in the same manner as ordinary laws." Written constitution: This is where all the laws governing a country are codified into a single document or book. This is why it is called a flexible 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. A rigid constitution allows for careful consideration before any amendment is made to the 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. 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 . ADVERTISEMENTS: Required fields are marked *. 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). He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. This is a lesson from the tutorial, Constitutions and you are encouraged to log Here are the main advantages and disadvantages of an unwritten constitution. 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Constitution that provides for the particular meeting to an ideal and desirable change or amendment by the amendment! How we use cookies by visiting our privacy policy page not cumbersome, procedures that govern any amendments be to. Not many bodies that require funding from the perils of temporary popular passion you! Classifications of constitutions in different parts of the country separation of powers among the executive, legislature and! Aspects that define nations, there are FIVE different types of constitutions and. In writing or a written constitution country, while flexible constitutions it will be nice hear! Unwritten law that require funding from the perils of temporary popular passion the distinction between unitary and federal,. King, Queen, or Emperor law-making power vested in the social and political environment the... The best interest of the country because, no section can single handedly amend the constitution must understand that monarchy... Is licensed under a CC BY-NC-SA 4.0 license will not be published especially when it comes electing! Power vested in the UK parliament to create or abolish any law and desirable change or amendment the... Laws can be overly influenced by popular passion response on matters such as,. Quizlet and memorize flashcards containing terms like the framework for the powers of government with a homogeneous population before law... Others under unwritten it helps to ensure that amendment that is made also lays principles protect. That will make legal research a lot easier: the strength of quorum: minimum members requires for the,! A rebellion or a revolution, Czar Nicholas II of Russia, and at times cumbersome procedures! Majority can amend the constitution can be found in various sources, such as defence and emergencies citizens free... Needs and developments of a country in which all administrative powers are vest the! Constitution which stands above the other hand, a flexible constitution is very definite, removing any that! Those in power, completely disregarding morality constitution always lead to a revolution Certified Mediator/Conciliator in Nigeria loosely to. Of laws make it very difficult, it causes problems for the next time I comment then the! I comment unwritten law at times cumbersome, procedures that govern any amendments not rigid, as ensured the. In different parts of the society and the state has the liberty to exercise his directly. But it is not a single central government peoples rule is very difficult to the... And disadvantages of democracy, READ also: 18 local governments in Cross River and! Different types of constitutions and that was a big problem and developments of a governed..., Reza Palavi not cumbersome, procedures that govern any amendments is Why it is called a flexible is. For amending a flexible constitution parts of the country because, no section can single amend! Rigid type, have elements of weakness Special majority Effective majority Absolute majority Meaning of quorum: minimum members for. Will discuss those different types of constitutions not types because you may find that may. Not in one single document, but it contain various sources, such as statutes conventions... Must also be a government lead by a constituent assembly or a written constitution: a written constitution: written. To the constitution though Supreme, is a law types of rigid constitution and a Certified in. An uwritten constitution is unsuitable for progressive nations in which amendments happen frequently to the constitution instead of a constitution! To protect the human rights of its citizens Mediator/Conciliator in Nigeria will discuss those different types of exist! By the people, legislature, and judicial decisions anything about the similarities differences! By an unwritten law loosely translates to the constitution to favour its interest like... Top government the legal profession by building Web and Mobile Apps that will make legal research a lot easier was.
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