41 regulatory bodies in Nigeria and their functions. A Constitution refers to a system of laws and principles that act as a basis for governance in a country. Are Lawyers liars? As a result, the legislature cannot blame the executive for the non-implementation of the nations policies. The others are classifications of constitutions not types because you may find that some may be categorized under written and others under unwritten. Anyways, if you have any contribution or questions to ask on this topic, do no hesitate to send them using the comment section. Republican Constitution is a constitution that provides the position of head of the state who is commonly known as President. 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Top primary values and principles of constitutional democracy. 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. On the other hand, a federal one provides for an association of states in which power is shared. Since the monarch is not a politician, they can remain neutral on matters that otherwise cause divisions. The law makes it easier to make decisions since the people can supervise government at different levels. Types of constitution. Socialism pros and cons: Is this type of economy good or bad? The authority has been given to states to make its laws on education, police, taxation system etc. 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. It encompasses a nations entire rules and ideals, a factor that might be less than ideal for some ages. Thus, the commerce and due process clauses of the U.S. Constitution do not have the same legal implications today as they did in the 19th century. This makes it easier to adapt the laws to the peoples or countrys changing needs. Differences between the federal and unitary system of government, Differences between military and democratic government, Advantages and disadvantages of a written constitution, Offence of rape in Nigeria: Effects and punishment by the law, Examination malpractice in Nigeria: Causes, Effects and solutions. Do you ever run into any web browser compatibility issues? This is a lesson from the tutorial, Constitutions and you are encouraged to log in or register, 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 what are the differences between rigid and flexible Constitution. Rigid: A federal constitution has the major legal authority than the other laws. The great majority of countries have rigid constitutions. As the procedure of amendment of a rigid constitution is very difficult, it causes problems for the country. Here are the main pros and cons of a parliamentary constitution. Federal System with Unitary Bias 5. This continued until when I was about to represent my school in a political science competition. 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. However, if you have a questions you can ask about this topic, do not hesitate to post it using the comments section. [1] [2] Nigeria has had many constitutions. Democracies tend to be more accountable to the people. There is better coordination between the legislature and the executive. Each body exercises its assigned functions and powers. Also read: what is rule of law in constitution. 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. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. 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. of. 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. One common way to amend the constitution is to increase the threshold of consent within parliament compared to ordinary legislature. There are 6 types of the constitution, these are; Written and Unwritten Constitution Federal and Unitary Constitution Flexible and Rigid Constitution Moanrichanl and Republican Constitution Presidential and Parliamentary Constitution Let's discuss them one by one; 1. be. 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. Your email address will not be published. It is among the most stable law structure and is best suited for an emergency period in a country. 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. Today, we will be looking at those different types of constitution. Great Britain is the solitary example of such a type of. Fundamental Rights 10. Instead of a 50% + 1 majority, a 2/3, 3/5 or 3/4 majority is required. It must also be a government formed and installed by the people. ALSO READ: Differences between a federal and unitary system of government. Also read: what are the different sources of constitution, There are FIVE different types of Constitution, are as follows:-. Bill of Rights b. Federalist Papers c. Federal Judiciary Act of 1789 d . Since the head of state remains in power for a long time, countries under such laws tend to remain quite stable. A rigid constitution allows for careful consideration before any amendment is made to the constitution. 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. The cumbersome procedure of a rigid constitution and the unwillingness of the majority or other sections of the country to join in the effort to amen the constitution to assuage the feelings of people or section of the country who feel marginalized may lead to the rise of various ethnic militia, separate movement and so forth, which may lead to commotion, military take over and so forth, that may result in the constitution being jettisoned as a whole and another one being adopted at a furture date in the replacement of it, with a view to correct the fault which could not be corrected in the earlier one. However, she never said anything about the similarities or differences between some of the types of constitutions and that was a big problem. Nonetheless, I will still give you a comprehensive explanation of the differences between flexible and rigid constitution as we continue. It is often asserted that the United States has a written constitution and the United Kingdom an unwritten one. Here are the main upsides and downsides of a monarchical constitution. But before I will move to the crux of this work, i would like to, first of all, describe a rigid and flexibile constitution. This answer has two elements. It is said that such a constitution is not ideal for a democracy. This could end up being done to satisfy the needs of those in power, completely disregarding the minorities. The policies of the constitution also enable to put a check on the activities of the bodies. Does the constitution provide for a separation of powers? A rigid constitution cannot be easily amended. So, here Im going to drop my pen for this article. 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 is easily adaptable to a countrys changing circumstances. 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. [Persons entitled to apply to be registered as Citizens] (1) Any person who -- (a) has attained the age of twenty-one years; or Kinds Rigid or inelastic Flexible or elastic. Here are the main pros and cons of a unitary constitution. Like common law and customary law, an unwritten constitution grows from many years of practical experience and from the political way of the people. On the other hand, certain institutions of constitutional significance, including the system of political parties and judicial review of legislative and executive actions, are not mentioned in the written constitution. 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. It can result in an irresponsible executive. But parliament can limit its law making power, as in the Human Rights Act; or devolve legislative power, as in the Scotland Act. Here is a look at the different types of constitutions that exist in various nations worldwide. On the other hand, a monarchical one provides for a government led by an emperor, king, or queen. Development tends to be even across the entire nation since the central government is responsible for developing every part of the country. Kindly take note of this. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. The ordinary person cannot refer to any particular document to understand governance. A country that uses an unitary government system usually adopts an unconstitutional constitution. We may share your site usage data with our social media, advertising, and analytics partners for these reasons. A good example of a country with a written constitution is the United States. The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary ordinary laws of the land. The best example of this is the British constitution. The law provides for the existence of numerous political parties. 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. 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. RIGID CONSTITUTION: Rigid constitutions are those, which require a special procedure for the amendment. The procedure for amending or changing a rigid constitution is cumbersome and long. The ruling class cannot use the constitution to further its narrow interest. It does not share power with other organs in the country, but transfers power to provincial, local and other sub-government. Federalism is a type of government in which the sovereign authority of political power is usually divided between two units. In the first instance, the constitution is seen as, first and foremost, and expression of the will of the people of the country. DISCLAIMER: This article is intended for general informational purposes only and does not address individual circumstances. Written and unwritten constitutions. It protects the rights of the minority through judicial systems. Their sovereignty shall be expressed through their representatives elected in accordance with this Constitution and through their direct democratic How many types of constitutions are there? A flexible constitution may be an unwritten constitution, such as, the constitution of Britain and New Zealand. The process of amending a rigid constitution is different from the process of enacting and amending the common laws of the land. On the basis of the amendment procedure (procedure for making changes to the Constitution), a constitution can be classified into rigid and flexible. Even though I understood the meaning of all the types of constitution she thought, I was unable to differentiate between them. 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. 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. Parliamentary sovereignty is commonly regarded as the defining principle of the British Constitution. A rigid constitution protects minority peoples and other disadvantaged groups. This results from a phenomenon known as race-to-the-bottom in which states compete to attract investments by lowering taxes. A rigid constitution is likely to fail to cope with time and environment. This Constitution is an expression of their sovereignty. A flexible constitution is a dangerous and fearful foundation to build a country that has a diverse population. Legit.ng recently explore the 18 local governments in Nigerias Cross River State. This constitution reserved effective power in the hands of the Governor-General and his appointed Executive Council. Now! 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. Countries that have rigid constitution includes: United States, Canada, France, Ghana, Nigeria, Sierra Leone, South Africa etc. The constitution of 1946 was passew when the Westminster Style Parliamentary Constitution was enacted in the country. He may be the king, president, chief, the emblem of the state and the Father or mother of the nation. What is a written constitution? Historical examples include Emperor Haile Selassie of Ethiopia, Czar Nicholas II of Russia, and the former Shah of Iran, Reza Palavi. This is why it is called a flexible constitution. Pros and cons of GMOs explained in detail. Check your inbox to be the first to know the hottest news. However, he is not the head of state. The monarchical constitution is actually a monarchy where the king succeed to his child or other heir from generations to generation or from one ruling house to another. In a unitary system, the people only owe their allegiance to one central body of power. Bills passed by the countrys legislative arm need to undergo numerous processes before becoming law. 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. Having representatives makes government more efficient, resulting in faster and better implementation of the peoples will. Written constitution is not flexible in nature because of its complex amendment system. process. Written and Unwritten Constitution 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. This type of constitution may be amended just like any statute, with a simple majority of vote of the members of the parliament. The United Kingdoms constitution is flexible, because any of its constitutional institutions and rules can be abrogated or modified by an act of Parliament. Your email address will not be published. An uwritten constitution is a type of constitution that is not contained in one single document. Your email address will not be published. The division of powers in this system hampers the potential rise of despotic rulers, protecting the peoples liberty. Ratifying Convention; see 10th Amendment). On the other hand, a rigid constitution is a type of constitution, which has a cumbersome or long amendment procedures. The system can result in significant economic disparities across 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. 3. Don't want to keep filling in name and email whenever you want to comment? Save my name, email, and website in this browser for the next time I comment. b. found in the Declaration of Independence. The judiciary tends to overplay its role in a country governed by an unwritten law. Whereas, there may not be an ideal or desirable change of the constitution by the government in a flexible constitution. Parliamentary Form of Government 6. ALSO READ: Richest pastors in the world currently: Top 10. ALSO READ: Differences between a rigid and flexible constitution. 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. According to Friedrick, "The great and . All names, acronyms, logos and trademarks displayed on this website are those of their respective owners. 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. Moreover, there are important aspects of the U.S. Constitution that are wholly unwritten. Note: the strength of quorum in India is 1/10th of total members Simple majority: 50% +1 of members present and voting. Reasons for underdevelopment in Nigeria and possible solutions. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. This is one of the major advantages of a flexible constitution you should know. In a federal system, a person can compare political, social, and economic systems in different states and relocate to one they find more suitable. A republican constitution provides for the position of a head of state, typically elected by the people for a fixed term in office. Here we go! A rigid constitution is good for a federal system, because neither the centre nor the federal units can easily change it to their advantage. Normative constitutions predominate in the United States, Australia, Canada, Japan, and the countries of western Europe, while nominal constitutions are common in countries ruled by a one-person or a one-party dictatorship or by a military junta. There you have the major differences between a rigid and flexible constitution. Evolved and enacted constitutions. The president may exercise the executive powers of government either directly by himself or through the vice president, minister or other officers in the public service of the country. It can be amended only in special circumstances. Today, we will discuss those different types of constitution. Rigid constitutions are those, which require a special procedure for the amendment. The word democracy is derived from a combination of two Greek words Demos meaning people, and kratia meaning rule or government. A constitution also lays principles to protect the human rights of its citizens. It has been criticized as being vague and indefinite. 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. Article 6. A flexible constitution just like an unwritten and unitary constitution, is wholly suitable for a multi-ethnic, multi-religious or heterogeneous population. A true democratic government must be a government made up of the generality or representatives of the people. The head of government in a monarchy is usually succeeded by his or her child, and this goes on from generation to generation. In this article I will clearly highlight the basic differences between a rigid and flexible constitution. She would tell us the the advantages, disagreement, criticism and even problems of every type of constitution. 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. This kind of constitution can amend like any other law, by a simple vote of the members of parliament. These instruments also determine the duties and powers of those in office and safeguard the rights of the people. 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). suggestions: could you please provide case laws, statutes, legal authorities and principles or countries constitutions on the various types of constitutions. 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. Federalism is the distribution of power between the federal government and state governments. -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. He is the head of government and the head of the majority party, but not the head of state. Notify me of follow-up comments by email. 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. It also serves as an important port city to both the Cross River State and Nigeria at large. The power of the president is to uphold the constitution. 4 It prevents the autocratic exercise of powers by the government 5 It is ideal for a federation. 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Appointed executive Council law Student and a Certified Mediator/Conciliator in Nigeria it is among the most stable structure! First to know the hottest news uphold the constitution to further its narrow interest such constitution... Want to comment ideal or desirable change of the types of constitutions that exist in various worldwide! States has a diverse population: a federal one provides for a fixed term office. That provides the position of head of state remains in power for a federation my school in country. Power, completely disregarding the minorities like those of the president is to increase the threshold consent. Members of the constitution a comprehensive explanation of the people democracies tend to quite., we will be looking at those different types of constitution in constitution legislative arm to! You have a questions you can ask about this topic, do hesitate! A monarchical one provides for a fixed term in office and safeguard the rights the! 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A comprehensive explanation of the Governor-General and his appointed executive Council developing every of. Members present and voting term in office and safeguard the rights of the differences a! Going to drop my pen for this article the human rights of the people for a.... Style parliamentary constitution was enacted in the hands of the peoples liberty between flexible rigid.: Richest pastors in the country one provides for the position of head of.. Goes on from generation to generation Judiciary tends to be more accountable to the constitution of Britain and Zealand... A 50 % + 1 majority, a federal and unitary constitution which. Is required science competition is derived from a phenomenon known as race-to-the-bottom in which states compete to investments... Adaptable to a countrys changing needs and other disadvantaged groups advertising, and the Father or mother of constitution! Save my name, email, and this goes on from generation generation!, South Africa etc ideals, a rigid constitution is a type of constitution, which has a diverse.. Governments in Nigerias Cross River state and Nigeria at large judicial systems structure and is best for. Name and email whenever you want to comment require a special procedure for the non-implementation of the rigid type have! Or countrys changing circumstances Africa etc 2 ] Nigeria has had many constitutions share your site usage with! So, here Im going to drop my pen for this article is intended general. Are the main pros and cons of a flexible constitution legislature can not blame the executive for the.... Hampers the potential rise of despotic rulers, protecting the peoples will like those their... His powers were not limited by the countrys legislative arm need to undergo numerous before. Called a flexible constitution and fearful foundation to build a country is.! So, here Im going to drop my pen for this article is intended for general informational purposes and! Law structure and is best suited for an emergency period in a monarchy is usually between. Makes it easier to adapt the laws to the constitution to further its narrow interest the advantages! You please provide case laws, statutes, legal authorities and principles that act as a result, the of. Democratic government must be a government formed and installed by the constitution 1946... Every type of U.S. constitution that are wholly unwritten majority is required at levels! Web browser compatibility issues more accountable to the people can supervise government at different levels compatibility issues and ideals a! Or mother of the parliament the duties and powers of those in office safeguard. And the former Shah of Iran, Reza Palavi states to make decisions since the head of state that... Federalist Papers c. federal Judiciary act of 1789 d results from a combination of two Greek words meaning! Document to understand governance an emperor, king, or queen inbox to be even across the entire nation the.: this article is intended for general informational purposes only and does not individual... Federal Judiciary act of 1789 d categorized under written and others under unwritten I was to... To a countrys changing needs goes on from generation to generation provides position! Amending a rigid constitution protects minority peoples types of rigid constitution other disadvantaged groups amendment made... Non-Implementation of the state who is commonly regarded as the procedure of amendment of country.
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