In the first instance, the constitution is seen as, first and foremost, and expression of the will of the people of the country. This time of constitution is good for a small country, kindred people or a homogeneous population. Here are the main pros and cons of a parliamentary constitution. Tell me what you think about the differences between a rigid and flexible constitution highlighted here. Meanwhile, I would love to hear your contributions to this article. DISCLAIMER: This article is intended for general informational purposes only and does not address individual circumstances. It is not a substitute for professional advice or help and should not be relied on to make decisions of any kind. Here are the main advantages and disadvantages of a democratic constitution. Required fields are marked *. The system allows economic, social, and political experimentation since power is shared across different states. The laws are accommodative to cultural and economic differences across different states. Organizing and providing relevant educational content, resources and information for students. The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary laws of the land. not. The Supreme Court has declared government regulation should be scrutinized very strictly when it infringes on a protected liberty (like procreation or marriage) or a protection action (like political speech), or when it unfairly discriminates against a protected class (like race or national origin). Differences between a federal and unitary system of government, Why indirect rule was adopted in Africa during colonization, Characteristics of military rule in Nigeria. The rigid constitution, being precise and clear, discourages and combats arbitrary actions. The United Kingdoms constitution is flexible, because any of its constitutional institutions and rules can be abrogated or modified by an act of Parliament. Primarily, the Constitution mentions three types of emergency - national emergency, state emergency and financial emergency. 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. Note: the strength of quorum in India is 1/10th of total members Simple majority: 50% +1 of members present and voting. . This is where I am going to drop my pen on this topic. These natures are the two different ways from which the constitution can be viewed or understood. It fails to keep pace with the changed social, economic and political conditions of the country. There are different types of constitutions under the monarchical setup. 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. Written and unwritten constitutions. It is among the most stable law structure and is best suited for an emergency period in a country. 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. It is often asserted that the United States has a written constitution and the United Kingdom an unwritten one. 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. It results in flexibility since the prime minister can be easily ousted from power. As a result, the legislature cannot blame the executive for the non-implementation of the nations policies. He is the head of government and the head of the majority party, but not the head of state. To understand the Monarchical Constitution, you must understand that the monarchy is a government govern by a King, Queen, or Emperor. \(\overset{\underset{\mathrm{def}}{}}{=} \). Written and Unwritten constitutionA written constitution is one in which the fundamental principles concerning state administration are embodied and which has, as a specific document, been passed by a specific body So a written constitution can be produced and shown as a . At times, unwritten laws can result in considerable instability. Top details about affirmative action pros and cons. Monarchs can easily impose their personal beliefs and preferences on the people. But the government could fail to take decisions if the country concerned has a rigid constitution. The written constitution can be of three types rigid, flexible or the combination thereof. Constitutional law in countries with flexible constitutions does not have to be unstable or constantly in flux. 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. Absolute monarch: This is one in which the monarch has absolute powers of governance. 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). 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. Integrated and Independent Judiciary 9. 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. A constitution also lays principles to protect the human rights of its citizens. This may encourage the rise of dictatorship, as a person, or a cabal with dictatorial propensity may amend it to advance such desires. It is a consciously framed and enacted constitution. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. Types of constitution. A unitary constitution provides for government power to be vested in a single central government. Notify me of follow-up comments by email. In a unitary constitution, all the powers of government are in center, as it is the only source of authority from which power flows. On the other hand, a flexible government is more suitable for a unitary system of government with a homogeneous population. It safeguards peoples rights against legislative encroachment. To amend the constitution a lengthy procedure has to be followed. Reasons for underdevelopment in Nigeria and possible solutions. This type of constitution is unsuitable for tiny countries. We may share your site usage data with our social media, advertising, and analytics partners for these reasons. Such constitutions are written with the combined knowledge and experience of learned people, resulting in improved efficiency. hasty. Are Lawyers liars? of. The enactment or amendment of an ordinary law is usually by simple majority vote in the relevant parliament that has authority to make or amend such law. Types of majorities: Simple majority Special majority Effective majority Absolute majority Meaning of Quorum: minimum members requires for the particular meeting. To understand a Monarchical constitution, you must understand that a monarchy is a government lead by a King, Queen, or Emperor. 3. Rigidity lends legitimacy to the constitution. However, he is not the head of state. A flexible constitution by its nature does not protect the interest of minority, disadvantaged or despised people. The laws contained in it can be amended as simply as one would amend a statute, with a simple majority vote in parliament. The word democracy is derived from a combination of two Greek words Demos meaning people, and kratia meaning rule or government. On the other hand, the unwritten constitution evolves gradually as well as it is updated with a passage of time. For example, theConstitution of Australia is rigid, while theBritish Constitutionand theIsraeli Constitutionare flexible. 2. This type of constitution can easily be tempered with and may change easily. Skinner v. Conventionally, a democratic government should reflect the peoples generality and must be created and installed by the people. The federal constitution cannot be changed in the same way as the . 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. Register or login to receive notifications when there's a reply to your comment or update on this information. In the former, the monarch is the head of state, although in Britain"s case, the powers of the monarch are limited, and the Queen reigns in accordance with the constitution. Your browser seems to have Javascript disabled. This is the ultimate law-making power vested in the UK parliament to create or abolish any law. The great majority of countries have rigid constitutions. For this type, constitutional law can be amended in the same way as ordinary law. Moreover, there are important aspects of the U.S. Constitution that are wholly unwritten. She would tell us the the advantages, disagreement, criticism and even problems of every type of constitution. A flexible constitution may be amended just like any statute with a simple majority of votes of the members of the parliament. Bills passed by the countrys legislative arm need to undergo numerous processes before becoming law. It cannot be misused by government having the support of simple majority in the national legislate. This type of constitution may be amended just like any statute, with a simple majority of vote of the members of the parliament. For amending it, the legislature has to pass an amendment bill by a specific, usually big, majority of 2/3rd or 3/4th. c. outlined in The Federalist Papers, issue V d. found in Article 3 of the U.S. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. 1. A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. Instead of a 50% + 1 majority, a 2/3, 3/5 or 3/4 majority is required. thanks very much for the above submissions on constitution. Therefore, relying on the popular passion for amending the countrys laws can result in disharmony and imbalance. The procedure for Amending the constitution is usually cumbersome, expensive and time consuming whereas, a flexible constitution can be easily amended. Defects of Unwritten Constitutions :-Unwritten constitutions, like those of the rigid type, have elements of weakness. The British constitution is the best example of an unwritten constitution. Oh yeah! The ordinary person cannot refer to any particular document to understand governance. Parliamentary Form of Government 6. 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. An unwritten constitution is a type of constitution does not contain a single document. All names, acronyms, logos and trademarks displayed on this website are those of their respective owners. Like common law and customary law, an unwritten constitution grows from many years of practical experience and through human political approach. A flexible constitution is easily adaptable to meet the changing social, economic and political needs and developments of a country. The downside is that popular passion is influenced by emotion, not reason. ALSO READ: Features of Democracy: See the major features of democracy. It is necessary to take quick decisions to deal with such emergencies. The President of India has the authority to proclaim an emergency under Articles 352, 356 and 360. An unwritten constitution is not contained in a single document and can exist partly in word and partly in writing. The ruling class cannot use the constitution to further its narrow interest. It protects the rights of individuals since those in power cannot easily change them. Do you have any solutions to help fix this issue? This can result in improved national unity. It must also be a government formed and installed by the people. Supremacy of Constitution: The central and state governments must obey the constitution. 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. Both the laws are enacted in the same manner and their source is also same. by Arvind Kumar, Preserve Articles. 4 It prevents the autocratic exercise of powers by the government 5 It is ideal for a federation. This is one of the major advantages of a flexible constitution you should know. 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. Save my name, email, and website in this browser for the next time I comment. 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. One common way to amend the constitution is to increase the threshold of consent within parliament compared to ordinary legislature. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. There are no elections costs in monarchs. On the other hand, a rigid constitution is a type of constitution, which has a cumbersome or long amendment procedures. He rules by divine sovereignty and his authority is not limited by the constitution. -air hunger; sighing-sorrow, shock, stress, and disappointment; take after breakup with mate or death of pet or relative to help deal with the grief more effectively -chronic grieving, sadness, loneliness-deep depression-claustrophobic fears; great insomnia remedy-over-reactive mental state, anxiety from loss; nervous personality 4. A republican constitution is representative since leaders are elected through the will of the people. 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. It can be viewed as a contract between the people and the 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. It can easily result in administrative instability. Bill of Rights b. Federalist Papers c. Federal Judiciary Act of 1789 d . Therefore, the people have little to no say on matters of whoever governs 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. 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. Parliamentary sovereignty is commonly regarded as the defining principle of the British Constitution. [1] [2] Nigeria has had many constitutions. On the other hand, a federal system of government is an association of free states where power is constitutionally shared to the federal, state and local councils, and with each tier of government exercising its constitutionally assigned powers and functions. 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. But parliament can limit its law making power, as in the Human Rights Act; or devolve legislative power, as in the Scotland Act. A rigid constitution is usually in writing or a written constitution. In most cases, the head of state is known as the president. Your email address will not be published. Types of Constitution: 1. 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. 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. constitution. This is equally an eye opener to young students all over the world on this topic. The system is considerably cheaper to run since there are not many bodies that require funding from the central government. Most times, democracies turn into competitions for power play, completely disregarding morality. 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 . Please clarify this, I am really much obliged comrade for the information rendered about the types of constitutions but my colleague seems to be right. In countries where this type of constitution is practiced, the head of state who exercises only ceremonial functions may be a monarch, or a president, who is the figure head, symbol of the state and the Father or mother of the nation as the case may be. Each body exercises its assigned functions and powers. Unitary systems can easily evolve into dictatorships. 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. MUST READ: Are Lawyers liars? Your email address will not be published. Pros and cons of GMOs explained in detail. This happens because all resources have to be mobilized by the national government. Whereas, there may not be an ideal or desirable change of the constitution by the government in a flexible constitution. The enactment or amendment of an ordinary law is usually usually easy. It can result in an irresponsible executive. The future head of state is usually well prepared since they are prepared from birth. Its method of amendment is difficult. The bureaucracy in democracies leads to unnecessary delays in decision making. This continued until when I was about to represent my school in a political science competition. Synthesis of Parliamentary Sovereignty and Judicial Supremacy 7. It has ability to change quickly in accordance with changes in the social and political environment of the society and the state. Unless specified, this website is not in any way affiliated with any of the institutions featured. Anyways, if you have any contribution or questions to ask on this topic, do no hesitate to send them using the comment section. 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types of rigid constitution