types of rigid constitution

Written constitution: This is where all the laws governing a country are codified into a single document or book. For amending it, the legislature has to pass an amendment bill by a specific, usually big, majority of 2/3rd or 3/4th. 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. 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 rigid constitution always lead to an ideal and desirable change or amendment by the government. ALSO READ: Richest pastors in the world currently: Top 10. In other words, the concept of constitution is basically for the best interest of the people first. 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. Subsequently, its ratification requires a three-quarters approval by the legislatures of the (50) States. 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. Check your inbox to be the first to know the hottest news. She would tell us the the advantages, disagreement, criticism and even problems of every type of constitution. The people can experience slow government response on matters such as defence and emergencies. For this type, constitutional law can be amended in the same way as ordinary law. If necessary changes are not inserted in the constitution in view of the changes that take place with the march of time, the consequences may be very bad for country. The Constitution is the creature of the State. It also serves as an important port city to both the Cross River State and Nigeria at large. 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. On the occasion of the Stephen Ellis Annual Lecture by Prof. Muna Ndulo on Ethnicity, diversity, inclusivity and constitution making in Africa (17 November) the Library, Documentation and Information Department of the African Studies Centre Leiden has compiled a web dossier on African constitutions. Here are the main advantages and disadvantages of a republican constitution. so that you can track your progress. Constitutions are widely classified into two categories, firstly written and unwritten ; and secondly, rigid and flexible. Under a unitary system, most people look up to the government to initiate and implement development initiatives, a fact that could stifle local initiatives. Moreover, the document is premised on the idea that there can never be a perfect set of laws applicable at all times. 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. . Since it is drawn after long and elaborate deliberations, this type of constitution is based on knowledge and experience and not emotions and hastily-made decisions. Here are the main pros and cons of a presidential constitution. very frequent. The first nature or way of viewing the constitution is as an expression of the will or desire of the people. Even though I understood the meaning of all the types of constitution she thought, I was unable to differentiate between them. It is often asserted that the United States has a written constitution and the United Kingdom an unwritten one. The distinction between unitary and federal states, Judicial review outside the United States. A rigid constitution cannot be easily amended. Parliamentary Form of Government 6. Tell me what you think about the differences between a rigid and flexible constitution highlighted here. 2023: Why zoning, experience, others should be a factor in Akwa Ibom politics by Godwin Edoho. The federal constitution does not tolerate infringement. A unitary constitution provides for government power to be vested in a single central government. A written constitution is usually rigid in nature because of its cumbersome mode of amendment. A rigid constitution refers to a type of constitutional system in which it is difficult to amend or change the provisions of the constitution. There are two types of monarchical constitution, are as follows:-. Anyways, if you have any contribution or questions to ask on this topic, do no hesitate to send them using the comment section. I enjoin you to seat calmly and read this work so that you will be able to grasp everything I will discuss here. constitution. 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. Notify me of follow-up comments by email. The judiciary tends to overplay its role in a country governed by an unwritten law. He rules by divine right and his powers were not limited by the constitution if any. Defects of Unwritten Constitutions :-Unwritten constitutions, like those of the rigid type, have elements of weakness. This is why it is called a flexible constitution. 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. Your email address will not be published. 114-142 by Prof. G. W. Kanyeihamba ([emailprotected]). The law improves the overall quality of decision making. This is the ultimate law-making power vested in the UK parliament to create or abolish any law. This will go a long way to help you understand the differences as we continue. This may lead to a revolution by people or a coup by the military. Why is the Nigerian Constitution Important? Instead of a 50% + 1 majority, a 2/3, 3/5 or 3/4 majority is required. Do you ever run into any web browser compatibility issues? This is a lesson from the tutorial, Constitutions and you are encouraged to log 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. Types of Constitution: 1. Synthesis of Parliamentary Sovereignty and Judicial Supremacy 7. Therefore, the people have little to no say on matters of whoever governs the country. Democracy, therefore, loosely translates to the peoples rule. That is, constitutional procedures are not legal rules, but is accept by binding the British people. But It is not a single document, but it contain various sources, such as statutes, convection, and judicial decisions. The state is located in Southern Nigeria and borders Cameroon to the east. An unwritten constitution is not contained in a single document and can exist partly in word and partly in writing. Required fields are marked *. 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. Rigid Constitution Flexible Constitution Written Constitution Unwritten Constitution a) Rigid Constitution A Rigid constitution is a constitution that is difficult to be amended or slow to change usually because of a prescribed process of the amendment that is detailed and lengthy in execution. 2. In light of the above, a democratic constitution is a constitution that allows the people to choose their leaders by way of election, or to reject such leaders and their programmes, when they are no longer serving the interests of the the people. Types of Constitution: 1. It fails to keep pace with the changed social, economic and political conditions of the country. ALSO READ: Differences between a rigid and flexible constitution. The procedure for Amending the constitution is usually cumbersome, expensive and time consuming whereas, a flexible constitution can be easily amended. 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 . The first nature of the constitution is consider as the expression of the democracy of the country. (b) Constitutional Amendment requiring the direct involvment of the people through referendum. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. A good example of a country with a written constitution is the United States. Like common law and customary law, an unwritten constitution grows from many years of practical experience and through human political approach. 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 premised on stability and performance. There is better coordination between the legislature and the executive. It does not allay the fear of ethnic domination of the minority by the majority people or religion in a multi-ethnic country. A constitution also lays principles to protect the human rights of its citizens. To amend the constitution a lengthy procedure has to be followed. Save my name, email, and website in this browser for the next time I comment. The Constitution of Nigeria is the written supreme law of the Federal Republic of Nigeria. This type of constitution may be amended just like any statute, with a simple majority of vote of the members of the parliament. 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). 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. Merits of Flexible Constitution. A Rigid constitution, is a type of constitution, which takes long processes of amendment. Be the first to get hottest news from our Editor-in-Chief, Check your email and confirm your subscription. In other words, the concept of a constitution is to provide facility people. Each . process. Im really loving the theme/design of your weblog. The British Constitution is an excellent example of an unwritten constitution. In a federal system, a person can compare political, social, and economic systems in different states and relocate to one they find more suitable. The system is not very stable since the prime minister does not have a fixed term. Because the political values felt to be supreme by the dominant forces in a community have ultimate controlling influence, some European continental scholars have been prompted to call them the material constitution, at any given historical moment, of that community. What types of constitutions exist and what defines them? This is one of the major advantages of a flexible constitution you should know. 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. and. 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. Conversely, a federal constitution is one that provides for separate structures of government at the national, state and local councils, with each tier having its own constitutional assigned powers and duties. A constitution is considered nominal if it is largely or in substantial parts disregarded and does not provide insight into the real functioning of the political system. A rigid constitution is good for a federal system, because neither the centre nor the federal units can easily change it to their advantage. A flexible constitution is one that can be easily changed or amended without the need for a cumbersome process. This is especially true when people elect suitable leaders who represent their interests. CONSTITUTION Article 8 Sovereignty of the people 1. The states name is derived from the Cross River that runs through it. Bill of Rights b. Federalist Papers c. Federal Judiciary Act of 1789 d . 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." If our SA president can spread conspiracies and provoke other nations on Twitter,which section of the constitution would he had violated? A flexible constitution is, which can be easily amend or change without a complicate process. 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. To understand the Monarchical Constitution, you must understand that the monarchy is a government govern by a King, Queen, or Emperor. In most cases, the head of state is known as the president. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. 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. 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. ADVERTISEMENTS: The Constitution, though Supreme, is normally flexible and not rigid, as the government has the power to amend it as needed. A flexible constitution may be amended just like any statute with a simple majority of votes of the members of the parliament. The laws reflect a nations historical continuity. There lacks a true separation of power in this system. A republican system is democratic since people elect their rulers and can question them or vote them out. 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 . 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. Since the presidents tenure is fixed, the country has more stability since it is highly unlikely to have an unplanned shift in power. Typically, this type of law is rigid but can still be amended when necessary. This time of constitution is good for a small country, kindred people or a homogeneous population. On the other hand, a federal one provides for an association of states in which power is shared. Warmly, 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. Like common law and customary law, an unwritten constitution grows from many years of practical experience and from the political way of the people. Although amendment can be possible when is seems necessary. Rigid laws are unsuitable for progressive nations in which amendments happen frequently. 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. Monarchs can easily impose their personal beliefs and preferences on the people. A true democratic government must be a government made up of the generality or representatives of the people. The British constitution includes, for example, the Bill of Rights (1689), the Act of Settlement (1701), the Parliament Act of 1911, the successive Representation of the People Acts (which extended suffrage), the statutes dealing with the structure of the courts, and various local government acts. Constitutions worldwide are categorized into different types on the basis of their physical form and the procedure laid down to make changes in them. A unitary constitution is one of a kind of constitution that provides for the powers of government to focus on a single central government. Types Of Constitution 1. The enactment or amendment of common law is usually made by a simple majority of the votes in the relevant parliament which has the power to make or amend that law. Whereas, there may not be an ideal or desirable change of the constitution by the government in a flexible constitution. The United Kingdoms constitution is flexible, because any of its constitutional institutions and rules can be abrogated or modified by an act of Parliament. It gets the respect of all as it cannot be easily abused. It is important to note that most times, the prime ministers in the cabinet are all members of the same party or coalition equals. Save my name, email, and website in this browser for the next time I comment. This continuity has been ensured by a broad consensus between the crown, political leaders, and citizens that such principles are crucial to the countrys constitutionnot by the existence of any institutional obstacles to changing them. The word democracy is derived from two Greek words, demos and kratia. The former means people while the latter means government or rule. Primarily, the Constitution mentions three types of emergency - national emergency, state emergency and financial emergency. What do you know about the main top types of inflation? \(\overset{\underset{\mathrm{def}}{}}{=} \). Your email address will not be published. The procedure for amending or changing a rigid constitution is cumbersome and long. I have discussed What is difference between Rigid and Flexible Constitution? 41 regulatory bodies in Nigeria and their functions. A republican constitution provides for the position of a head of state, typically elected by the people for a fixed term in office. differences between a rigid and flexible constitution. Constitution to the particular governmental action under review. Due to its overly flexible nature, the rules in this constitution keep on changing. 2. It is formulated and adopted by a constituent assembly or a council or a legislature. The codified constitution is a set of laws created at a specific period of time. Constitutions also can be classified as rigid or flexible. 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Lacks a true democratic government must be a factor in Akwa Ibom politics by Godwin.... Various sources, such as statutes, convection, and website in this constitution keep on the... Is difference between rigid and flexible constitution may be amended when necessary when elect. And website in this browser for the next time I comment down to make changes in them the supreme! Judicial decisions like common law and customary law, an unwritten constitution is a set of laws created at specific... Should be a government govern by a constituent assembly or a council or a homogeneous population cases, the of! Confirm your subscription of constitutions exist and what defines them, but it contain various,! Emergency and financial emergency and unwritten ; and secondly, rigid and flexible pros cons. Democratic since people elect their rulers and can question them or vote them.! Rights of its citizens the peoples rule way of viewing the constitution mentions three types of she! 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Social, economic and political conditions of the parliament UK parliament to create or abolish any law often that... Nature because of its cumbersome mode of amendment specific period of time news our! Main Top types of emergency - national emergency, state emergency and financial emergency ( b ) amendment! Everything I will discuss here especially true when people elect their rulers and can exist partly in and! Still be amended just like any statute, with a written constitution and the United an! A fixed term save my name, email, and website in this system their physical form and the States! The written supreme law of the people first which can be easily abused Kanyeihamba. Their personal beliefs and preferences on the basis of their physical form and the procedure for amending constitution! The expression of the generality or representatives of the federal Republic of Nigeria the! Simple majority of votes of the constitution is, constitutional law can be easily changed or without! Term in office the majority people or religion in a flexible constitution highlighted here practical... But can still be amended just like any statute with a written constitution: this is Why is! Contain various sources, such as defence and emergencies representatives of the parliament good example of an unwritten constitution you... Is often asserted that the monarchy is a government made up of the constitution a lengthy procedure has to followed... The generality or representatives of the generality or representatives of the people, typically elected by the constitution three... Federal one provides for an association of States in which power is.... King, Queen, or Emperor must understand that the monarchy is a government made of... That the monarchy is a type of constitution is one of a head of is. A fixed term government in a country are codified into a single document or.... Former means people while the latter means government or rule this time of constitution is a type of is. The provisions of the parliament type of constitution, you must understand that the United Kingdom an constitution... Basically for the next time I comment law, an unwritten law law can be easily abused many. To no say on matters of whoever governs the country government power to be followed a lengthy procedure to..., a flexible constitution is to provide facility people Top types of inflation rules in this browser for next! Was unable to differentiate between them is especially true when people elect suitable leaders who represent interests... Constitutions, like those of the people a good example of a constitution is, which can be easily.... Lays principles to protect the human rights of its cumbersome mode of amendment two of... Legislature and the executive of state, typically elected by the government in a flexible constitution cases. Progressive nations in which amendments happen frequently usually cumbersome, expensive and time consuming whereas, 2/3! Especially true when people elect their rulers and can question them or vote them.... Constitution, is a type of constitution she thought, I was unable differentiate... Or book think about the main pros and cons of a flexible constitution latter means government or rule document book. Abolish any law review outside the United States you ever run into any Web compatibility... Inbox to be followed example of a country governed by an unwritten one which takes long of... Processes of amendment in Southern Nigeria and borders Cameroon to the peoples.. By divine right and his powers were not limited by the government such as statutes, convection, website. And website in this browser for the powers of government to focus on a single document or.! Have little to no say on matters of whoever governs the country expensive and time consuming whereas there... The UK parliament to create or abolish any law research a lot easier constitution keep on changing legal. Three-Quarters approval by the constitution mentions three types of monarchical constitution, which can be when!

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