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. He may be the king, president, chief, the emblem of the state and the Father or mother of the nation. A country operating a unitary system of government usually adopts a unitary constitution. thanks very much for the above submissions on constitution. Subsequently, its ratification requires a three-quarters approval by the legislatures of the (50) States. ABSOLUTE MONARCH :- In Monarchal constitution, the king have absolute power and is a perfect ruler. A flexible constitution may be an unwritten constitution, such as, the constitution of Britain and New Zealand. That is, constitutional practices which are not legal rules, but are accepted as binding by the British people. The powers of the different tiers of the government are usually spelt out in legislative lists of the federal constitution. Save my name, email, and website in this browser for the next time I comment. of. Typically, this type of law is rigid but can still be amended when necessary. 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. You might want to see the problems of democracy here. It is a consciously framed and enacted constitution. [1] [2] Nigeria has had many constitutions. This happens because all resources have to be mobilized by the national government. In contrast, the federal constitution provides different structure of government in national, state and local councils. This constitution reserved effective power in the hands of the Governor-General and his appointed Executive Council. 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. Constitutional law in countries with flexible constitutions does not have to be unstable or constantly in flux. Nonetheless, I will still give you a comprehensive explanation of the differences between flexible and rigid constitution as we continue. That is, a government with a heterogeneous population. 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. Save my name, email, and website in this browser for the next time I comment. The powers of different form of government are often describe in the constitutional order of the organization. The codified constitution is a set of laws created at a specific period of time. This is one of the major advantages of a flexible constitution you should know. It can result in an irresponsible executive. It ensure political stability of the country because, no section can single handedly amend the constitution to its own favour. 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, 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. Here are the main advantages and disadvantages of an unwritten constitution. This answer has two elements. However, she never said anything about the similarities or differences between some of the types of constitutions and that was a big problem. It does not share power with other organs in the country, but transfers power to provincial, local and other sub-government. This type of constitution is partially written and partly oral. See the truth as to whether lawyers are liars or not. While they can be equipped with the necessary skills for many years, it does not necessarily mean that the person has the inborn will to lead people. This type of constitution may be amended just like any statute, with a simple majority of vote of the members of the parliament. 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. Legit.ng recently explore the 18 local governments in Nigerias Cross River State. Here are the main ups and downs of a flexible constitution. 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). The constitution of 1946 was passew when the Westminster Style Parliamentary Constitution was enacted in the country. I urge you to read this to the end if you really want to understand the types of constitution. The power of the president is to uphold the constitution. Continue With the Mobile App | Available on Google Play. There are laid down procedures for dealing with conflicts and differences. Socialism pros and cons: Is this type of economy good or bad? document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); I really admires and likes all your lessons because it teaches real source. A rigid constitution refers to a type of constitutional system in which it is difficult to amend or change the provisions of the constitution. Unitary systems can easily evolve into dictatorships. Parliamentary Form of Government 6. It is not in one document, but can be found in various sources, such as statutes, conventions and judicial decisions. Written and unwritten constitutions. There are two types of Amendment procedures. Fundamental Rights 10. 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. 41 regulatory bodies in Nigeria and their functions. He rules by divine sovereignty and his authority is not limited by the constitution. The constitution can be quite expensive to implement, especially when it comes to electing people into office. A. V. Diceydefines a rigid constitution as one under which certain laws, calledconstitutional lawsorfundamental lawscannot be changed in the same manner as ordinary laws. A rigid constitution set forth specific legal/constitutional obstacles to be overcome before it may be amended, such as special approval of the people by referendum, a supermajority or special majority in thelegislature, or both. With what I have discussed so far, I am sure you have been able to pick points some of the differences between a rigid and flexible construction already. It contains titles available in the ASCL Library and published in the past six years. The law improves the overall quality of decision making. Oh yeah! Indeed, written constitutions can never exhaust the whole constitutional law of a state. However, a written constitution is not always rigid, but may be flexible and easy to amend. It protects the rights of individuals since those in power cannot easily change them. This may lead to a revolution by people or a coup by the military. not. Also read: what are the different sources of constitution, There are FIVE different types of Constitution, are as follows:-. We literally have two types of constitutions and they are written and unwritten constitutions. Types Of Constitution 1. 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. A Constitution that has been systematically and meticulously written down and embodied in a single document is known as a Written Constitution. There are two types of monarchical constitution, are as follows:-. The presidents fixed tenure can result in a rigid government. When the amendment procedure is too simple, the laws can be overly influenced by popular passion. For federal governments, a written constitution provides for the separation of central and federal power. A flexible constitution is a dangerous and fearful foundation to build a country that has a diverse population. But there is stability in government with a rigid constitution, since it cannot be easily changed to suit the interest of just one person. The constitution though Supreme, is usually flexible and not rigid, as the government has power to amend it as maybe necessary. Under a unitary system, most people look up to the government to initiate and implement development initiatives, a fact that could stifle local initiatives. While India is a blend of rigid and flexible constitution. A flexible constitution is a constitution which can easily be amended or changed without a cumbersome procedure. It easily safeguards the traditions of a country. Your email address will not be published. \(\overset{\underset{\mathrm{def}}{}}{=} \). Here are the main pros and cons of a unitary constitution. ALSO READ: Features of Democracy: See the major features of democracy. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. It is necessary to take quick decisions to deal with such emergencies. A parliamentary government is, in most cases, more responsible than a presidential government. The president has sweeping powers, a factor that may give rise to patronage when they appoint their close friends to powerful positions. 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. Required fields are marked *. The authority has been given to states to make its laws on education, police, taxation system etc. Here are the main advantages and disadvantages of a republican constitution. 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. The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary ordinary laws of the land. This type of constitution is partially written and partially oral. It is not a substitute for professional advice or help and should not be relied on to make decisions of any kind. Development tends to be even across the entire nation since the central government is responsible for developing every part of the country. by Arvind Kumar, Preserve Articles. So, here Im going to drop my pen for this article. 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. 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. The people can experience slow government response on matters such as defence and emergencies. In todays article, i will be sharing with you the differences between a rigid and flexibile constitution. Top 5 causes of the current religious crisis in Nigeria and possible solutions. 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. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. At times, the country might find itself with a highly unqualified legislature. The others are classifications of constitutions not types because you may find that some may be categorized under written and others under unwritten. A good example of a country with a written constitution is the United States. The laws, in this case, are quite elastic, drastically reducing the chances of a revolution by the people. 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. 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 . try, Your email address will not be published. Also he holds limited powers. 4 It prevents the autocratic exercise of powers by the government 5 It is ideal for a federation. He is the head of government and the head of the majority party, but not the head of state. Your email address will not be published. A rigid constitution does not easily meet the dynamic social, economic and political needs and development of people especially where it does not have an active, visionary and progressive judiciary that will liberally interpret the constitution to accommodate and meet the constantly changing needs of the country and its people. MUST READ: Highest paying law firms in Nigeria 2020. Constitution to the particular governmental action under review. 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). 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 unitary constitution provides for government power to be vested in a single central government. For this type, constitutional law can be amended in the same way as ordinary law. If you have have been searching through the internet to know the differences between a rigid and flexible constitution, then you are in the right place. There are two types of constitutions. 2. Since the monarch is not a politician, they can remain neutral on matters that otherwise cause divisions. 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. Merits of Flexible Constitution. It is formulated and adopted by a constituent assembly or a council or a legislature. The states name is derived from the Cross River that runs through it. This will go a long way to help you understand the differences as we continue. How many types of constitutions are there? 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. Second nature is that it can be seen as a legal, social and political contract between government as a organization. Each division has its constitutional powers and functions. Classification of constitution Written and unwritten constitution Rigid and flexible constitution 1. The judiciary tends to overplay its role in a country governed by an unwritten law. The rigid constitution contributes to political stability. It gets the respect of all as it cannot be easily abused. This has led to questions over the balance of power between national and state governments. 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