The powers of the different tiers of the government are usually spelt out in legislative lists of the federal constitution. 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. It allows for extremely quick decision making. 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. Such procedures often involve a two-thirds vote in parliament, popular vote by the people or ratification through a referendum. endments. There are two types of Amendment procedures. There are two types of constitutions. 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. Nevertheless, a rigid constitution does not by itself guarantee the stability and continuity of a countrys constitutional law. Each body exercises its assigned functions and powers. The presidents fixed tenure can result in a rigid government. This type of constitution is excellent for a countrys development since it can easily factor in the countrys evolution in terms of technology, education, politics, and social factors. When the amendment procedure is too simple, the laws can be overly influenced by popular passion. It can easily result in administrative instability. Here is a look at the different types of constitutions that exist in various nations worldwide. [Persons entitled to apply to be registered as Citizens] (1) Any person who -- (a) has attained the age of twenty-one years; or Subsequently, its ratification requires a three-quarters approval by the legislatures of the (50) States. Your email address will not be published. The Rigid Constitution is a type of constitution that is not easily amended. Unitary systems can easily evolve into dictatorships. Drawn from Various Sources 3. The procedure for amending or changing a rigid constitution is cumbersome and long. 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. Nevertheless, there are no completely codified and uncodified constitutions. This type of constitution may be amended just like any statute, with a simple majority of vote of the members of the parliament. For this type, constitutional law can be amended in the same way as ordinary law. Most times, democracies turn into competitions for power play, completely disregarding morality. 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. Here are the main ups and downs of a rigid constitution. Instead of a 50% + 1 majority, a 2/3, 3/5 or 3/4 majority is required. 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. A presidential constitution is one in which all the executive powers are vested in the countrys president, who serves as the head of government and the head of state. Reasons for underdevelopment in Nigeria and possible solutions. Cookies are small files that are stored on your browser. A rigid constitution allows for careful consideration before any amendment is made to the constitution. Even though I understood the meaning of all the types of constitution she thought, I was unable to differentiate between them. A country operating a unitary system of government usually adopts a unitary constitution. Bills passed by the countrys legislative arm need to undergo numerous processes before becoming law. Although the amending process in the United States is difficult, it is easier than the process in other countries with rigid constitutions. It is the. Save my name, email, and website in this browser for the next time I comment. The British Constitution is an excellent example of an unwritten constitution. This may encourage the rise of dictatorship, as a person, or a cabal with dictatorial propensity may amend it to advance such desires. At the same time, uncodified constitution type is based on customs and traditions. We may share your site usage data with our social media, advertising, and analytics partners for these reasons. Here are the four (4) types of constitutions. Here are the main advantages and disadvantages of a republican constitution. The system can result in significant economic disparities across states. 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. 2. A rigid constitution is a constitution which has a cumbersome or long amendment procedure. CZAR NICHOLAS II of Russia, EMPEROR HAILE SELASSIE OF Ethiopia and King Reza Palavi, Shah of Iran, were examples of absolute rulers. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. It protects the rights of the minority through judicial systems. A handful of my blog readers have complained about my website not operating correctly in Explorer but looks great in Chrome. 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. The law improves the overall quality of decision making. Flexible and Rigid Constitution. The constitutions of USA, Australia and Switzerland are the example of a rigid constitution. 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. Although courts may always review governmental action to guard against the arbitrary or unreasonable, the starting point must be a presumption . RIGID CONSTITUTION: Rigid constitutions are those, which require a special procedure for the amendment. 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. I will be glad to hear from you! 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. Continue With the Mobile App | Available on Google Play. It contains titles available in the ASCL Library and published in the past six years. Rigid laws are unsuitable for progressive nations in which amendments happen frequently. The laws contained in it can be amended as simply as one would amend a statute, with a simple majority vote in parliament. It is not a substitute for professional advice or help and should not be relied on to make decisions of any kind. 41 regulatory bodies in Nigeria and their functions. MUST READ: Highest paying law firms in Nigeria 2020. However, the procedure for amending a rigid constitution may include a two third majority vote of members of the central government legislature, as well as a two-third majority vote in two-third of the state legislatures in such country, and sometimes ratification by the people in a referendum and so forth. Here are the main ups and downs of a flexible constitution. The constitution can be quite expensive to implement, especially when it comes to electing people into office. 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. They are always supplemented, to varying degrees, by statutes, judicial doctrines interpreting the constitution, intergovernmental practices, and nongovernmental institutions (such as political parties) and their practices. Countries that have rigid constitution includes: United States, Canada, France, Ghana, Nigeria, Sierra Leone, South Africa etc. Although it can actually be amended when found necessary. c. outlined in The Federalist Papers, issue V d. found in Article 3 of the U.S. This type of constitution is partially written and partially oral. Top 5 causes of the current religious crisis in Nigeria and possible solutions. Required fields are marked *. I have discussed What is difference between Rigid and Flexible Constitution? Therefore, the people have little to no say on matters of whoever governs the country. The great majority of countries have rigid constitutions. This type of constitution is partially written and partly oral. 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. Rigid Constitutionis aconstitutionwhich stands above the other laws of the country, while flexible constitutions do not. There is a clear separation of powers among the executive, legislature, and judiciary. try, Your email address will not be published. 6. A Constitution refers to a system of laws and principles that act as a basis for governance in a country. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. Human cloning pros and cons: Ethics vs. scientific progress. Required fields are marked *. Since the presidents tenure is fixed, the country has more stability since it is highly unlikely to have an unplanned shift in power. 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. In a unitary constitution, all the powers of government are in center, as it is the only source of authority from which power flows. The laws, in this case, are quite elastic, drastically reducing the chances of a revolution by the people. Below are the differences between a rigid and flexible constitution: How to answer law problem questions using IRAC method, Most populated universities in Nigeria 2020, Best education websites in Nigeria: Top 10, List of political parties in Nigeria since the first republic. Subscribe my Channel: https://www.youtube.com/channel/UCqKvfWhZpdrCA1C51RShQnA . There is less influence from the party system. 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). 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. Federalism in India. Each division has its constitutional powers and functions. A rigid constitution brings about a stable government whereas, there is no stability in a flexible constitution. Differences between a federal and unitary system of government, Why indirect rule was adopted in Africa during colonization, Characteristics of military rule in Nigeria. It cannot be misused by government having the support of simple majority in the national legislate. Types of Constitution: 1. Laws can be added or removed as necessary. There is no democracy in a monarch since the head of state is not elected. 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. Democracies often have high levels of corruption since they are primarily based on electoral competition. This type of constitution may be amended just like any statute, with a simple majority of vote of the members of the parliament. It is premised on stability and performance. A good example of a country with a written constitution is the United States. Read Constitutional Law and Governance in Uganda pg. Top primary values and principles of constitutional democracy. 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. Democracy is a government of the people, who participate in government either directly, or through representatives. It protects the peoples rights through law and order. A flexible constitution just like an unwritten and unitary constitution, is wholly suitable for a multi-ethnic, multi-religious or heterogeneous population. However, she never said anything about the similarities or differences between some of the types of constitutions and that was a big problem. Historical examples include Emperor Haile Selassie of Ethiopia, Czar Nicholas II of Russia, and the former Shah of Iran, Reza Palavi. However, a written constitution is not always rigid, but may be flexible and easy to amend. 1. In countries with low literacy levels and poor. The power of the president is to uphold the 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. Written and Unwritten constitution. Types of constitution. 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. In this type, the constitution may be written or mainly based on agreements. In todays article, i will be sharing with you the differences between a rigid and flexibile constitution. The federal constitution does not tolerate infringement. 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. The head of government in a monarchy is usually succeeded by his or her child, and this goes on from generation to generation. To understand the meaning and types of constitution, it is important to know that there are two kinds of constitution. It is very definite, removing any drawbacks that uncertainties can bring about. Be the first to get hottest news from our Editor-in-Chief, Check your email and confirm your subscription. 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. Constitution is believed to be two types written and unwritten, then these two have various classification such as Rigid, Flexible etc but here you listed them as types of constitution. Royal families in monarchs lead very expensive lifestyles that could burden the citizens. The system is not very stable since the prime minister does not have a fixed term. Nonetheless, I will still give you a comprehensive explanation of the differences between flexible and rigid constitution as we continue. 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. A rigid constitution is usually in writing or a written constitution. Why is the Nigerian Constitution Important? Nevertheless, the provisions of the Swiss constitution have been changed repeatedly on many important points. Areas neglected for political reasons can be left out of development agendas. Its method of amendment is difficult. Rigid and flexible constitutions. Moreover, there are important aspects of the U.S. Constitution that are wholly unwritten. (b) Constitutional Amendment requiring the direct involvment of the people through referendum. A 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 . It results in flexibility since the prime minister can be easily ousted from power. For passing or amending an ordinary law, the . This kind of constitution can amend like any other law, by a simple vote of the members of parliament. But before I will move to the crux of this work, i would like to, first of all, describe a rigid and flexibile constitution. Are Lawyers liars? Constitution to the particular governmental action under review. Here are the main advantages and disadvantages of a written constitution. It can be viewed as a contract between the people and the government. But there is stability in government with a rigid constitution, since it cannot be easily changed to suit the interest of just one person. A Rigid constitution, is a type of constitution, which takes long processes of amendment. This is equally an eye opener to young students all over the world on this topic. Fundamental Rights 10. 2. Since the monarch is not a politician, they can remain neutral on matters that otherwise cause divisions. Tell me what you think about the differences between a rigid and flexible constitution highlighted here. Second nature is that it can be seen as a legal, social and political contract between government as a organization. It protects the rights of individuals since those in power cannot easily change them. The written constitution can be of three types rigid, flexible or the combination thereof. Legit.ng recently explore the 18 local governments in Nigerias Cross River State. 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). A country that uses an unitary government system usually adopts an unconstitutional constitution. The Constitution, though Supreme, is normally flexible and not rigid, as the government has the power to amend it as needed. Merely organizational constitutionsdocuments containing no guarantees of rights or prescriptions of goalsare now rare. 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. Indeed, written constitutions can never exhaust the whole constitutional law of a state. 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. . This could end up being done to satisfy the needs of those in power, completely disregarding the minorities.