This is why it is called a flexible constitution. But good ?? A rigid constitution is usually in writing or a written constitution whereas, a flexible constitution may be in written or unwritten form. Thus, the principle of the rule of lawroughly the equivalent of the American due process principlehas been an essential element of the British constitution since approximately the late 17th century. While India is a blend of rigid and flexible constitution. A codified constitution is a constitution that is contained in a single document, which is the single source of constitutional law in a state. A republican constitution is representative since leaders are elected through the will of the people. A parliamentary government is, in most cases, more responsible than a presidential government. 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. Each . Nevertheless, a rigid constitution does not by itself guarantee the stability and continuity of a countrys constitutional law. Skinner v. A rigid constitution is suitable for a federal system of government. Written and Unwritten constitution. This is equally an eye opener to young students all over the world on this topic. This time of constitution is good for a small country, kindred people or a homogeneous population. A rigid constitution brings about a stable government whereas, there is no stability in a flexible constitution. In summary, we use cookies to ensure that we give you the best experience on our website. It is a consciously framed and enacted constitution. It does not exist in one document but can be found in judicial decisions, conventions, and statutes. Unitary systems can easily evolve into dictatorships. The laws are accommodative to cultural and economic differences across different states. A flexible constitution may be an unwritten constitution, such as, the constitution of Britain and New Zealand. There are FIVE different types of Constitution, are as follows:- Written and Unwritten Constitution Flexible and Rigid Constitution Unitary and Federal Constitution Presidential and Parliamentary Constitution Republic and Monarchical Constitution Written and Unwritten Constitution A rigid constitution is likely to fail to cope with time and environment. A rigid constitution is a type of constitutional framework that is difficult to amend or change. Federations tend to be more democratic since leaders are answerable at multiple levels, not only the top government. The division of powers in this system hampers the potential rise of despotic rulers, protecting the peoples liberty. The rigid constitution, being precise and clear, discourages and combats arbitrary actions. Some clauses in such documents depend on the judicial interpretation that, at times, might not be ideal. It is said that such a constitution is not ideal for a democracy. In other words, the concept of constitution is basically for the best interest of the people first. 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. 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. Human cloning pros and cons: Ethics vs. scientific progress. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); What are the different types of Constitution, on What are the different types of Constitution. A flexible construction does not ensure political stability as a ruler, cabal or majority can amend the constitution to favour its interest. It is unlike a rigid constitution. The need for amendment may be very urgent for country, but the attempt to amend a rigid constitution may fail. Meanwhile, I would love to hear your contributions to this article. The bureaucracy in democracies leads to unnecessary delays in decision making. Save my name, email, and website in this browser for the next time I comment. But the government could fail to take decisions if the country concerned has a rigid constitution. Study with Quizlet and memorize flashcards containing terms like The framework for the federal judiciary is: a. based on common law. Since the monarch is not a politician, they can remain neutral on matters that otherwise cause divisions. This contract as laid down in the form of a fully written, or partly written form usually provides that; the people must not be ruled by a government, except with the consent of the people. A written constitution, is a type of constitution which contain a single document and can be easily obtain and negotiate on any subject under discussion. This could end up being done to satisfy the needs of those in power, completely disregarding the minorities. This kind of constitution can amend like any other law, by a simple vote of the members of parliament. 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. TYPES OF CONSTITUTION Constitutions can be classified according to: Genesis or development Conventional or Enacted - the conventional constitution is crafted and promulgated by the people through their representatives in a constitutional conventions. 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. This makes it easier to adapt the laws to the peoples or countrys changing needs. Nevertheless, the provisions of the Swiss constitution have been changed repeatedly on many important points. It must also be a government formed and installed by the people. 41 regulatory bodies in Nigeria and their functions. 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. Notify me of follow-up comments by email. Don't want to keep filling in name and email whenever you want to comment? 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. This type of constitution is partially written and partially oral. Democracy, therefore, loosely translates to the peoples rule. The judiciary. The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary laws of the land. Parliamentary Form of Government 6. 20. Although the amending process in the United States is difficult, it is easier than the process in other countries with rigid constitutions. Each body exercises its assigned functions and powers. Article 368 of the Indian Constitution provides the procedure of Amendment. 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. 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. In those days, my political science teacher used to take her time to explain everything to the class. This first set of constitutions was passed in the following years: 1914, 1922, 1946, 1951 and 1954. When people feel that a rigid constitution stands in the way of the effort of the national legislature to amend it to manage a crisis or to provide equality justice to people, they are likely to approach the judiciary to intervene. 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. This article is licensed under a CC BY-NC-SA 4.0 license. 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. 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. Parliamentary sovereignty is commonly regarded as the defining principle of the British Constitution. To a certain extent interpretation inevitably involves adaptation of the letter of the law to societal changes. ALSO READ: Differences between a rigid and flexible constitution. At times, the country might find itself with a highly unqualified legislature. There are two types of Amendment procedures. Oh yeah! At its most basic, a constitution is an instrument that embodies the rules of a social, legal or political organization. Save my name, email, and website in this browser for the next time I comment. A Constitution that has been systematically and meticulously written down and embodied in a single document is known as a Written Constitution. But there is stability in government with a rigid constitution, since it cannot be easily changed to suit the interest of just one person. Kinds Rigid or inelastic Flexible or elastic. Top 5 causes of the current religious crisis in Nigeria and possible solutions. One common way to amend the constitution is to increase the threshold of consent within parliament compared to ordinary legislature. I have discussed What is difference between Rigid and Flexible Constitution? Now! Instead of a 50% + 1 majority, a 2/3, 3/5 or 3/4 majority is required. As it is partially written and not partially not written, the British Constitution is based on a number of practices or convection. 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. Defects of Unwritten Constitutions :-Unwritten constitutions, like those of the rigid type, have elements of weakness. The word democracy is derived from two Greek words, demos and kratia. The former means people while the latter means government or rule. Constitutions are widely classified into two categories, firstly written and unwritten ; and secondly, rigid and flexible. As the procedure of amendment of a rigid constitution is very difficult, it causes problems for the country. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); I really admires and likes all your lessons because it teaches real source. There are no elections costs in monarchs. Constitutional law in countries with flexible constitutions does not have to be unstable or constantly in flux. In addition, as ensured by the First Amendment, all American citizens are free to petition . 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). Difference between written and unwritten constitution 2. A rigid constitution cannot be easily amended. Rigid and flexible constitutions. Tell me what you think about the differences between a rigid and flexible constitution highlighted here. 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 rigid constitution is a constitution which has a cumbersome or long amendment procedure. 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." The law provides for the existence of numerous political parties. On the other hand, a monarchical one provides for a government led by an emperor, king, or queen. The procedure for amending or changing a rigid constitution is cumbersome and long. The system can result in significant economic disparities across states. 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. 21. 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. Here are the main pros and cons of a parliamentary constitution. This continued until when I was about to represent my school in a political science competition. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. The president has sweeping powers, a factor that may give rise to patronage when they appoint their close friends to powerful positions. Whether long or short, written constitutions can concern themselves exclusively or prevalently with the organization of government or deal extensively also with the rights of the people and with the goals of governmental action. Government Constitutions Types of Constitution. The powers of the president is to maintain the constitution and to apply all the laws made by the parliament for the time being in force. Due to its overly flexible nature, the rules in this constitution keep on changing. The policies of the constitution also enable to put a check on the activities of the bodies. It will be nice to hear from you! A Constitution refers to a system of laws and principles that act as a basis for governance in a country. Therefore, the people have little to no say on matters of whoever governs the country. In one sense this is true: in the United States there is a formal document called the Constitution, whereas there is no such document in the United Kingdom. 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. Unless specified, this website is not in any way affiliated with any of the institutions featured. The United Kingdoms constitution is flexible, because any of its constitutional institutions and rules can be abrogated or modified by an act of Parliament. Do you have any solutions to help fix this issue? It also serves as an important port city to both the Cross River State and Nigeria at large. Constitutions are widely classified into two categories, firstly written and unwritten ; and secondly, rigid and flexible. Their sovereignty shall be expressed through their representatives elected in accordance with this Constitution and through their direct democratic Differences between a federal and unitary system of government, Why indirect rule was adopted in Africa during colonization, Characteristics of military rule in Nigeria. For federal governments, a written constitution provides for the separation of central and federal power. Lachesis: Pros and cons of GMOs explained in detail. Here are the main upsides and downsides of a monarchical constitution. Rigid Constitutionis aconstitutionwhich stands above the other laws of the country, while flexible constitutions do not. ALSO READ: How to become a successful lawyer: 7 Important Qualities. It results in flexibility since the prime minister can be easily ousted from power. Integrated and Independent Judiciary 9. This constitution reserved effective power in the hands of the Governor-General and his appointed Executive Council. A rigid constitution always lead to an ideal and desirable change or amendment by the government. Am having exam tomorrow and this what im going to read for the exam, Great work here but I need more clarity. ALSO READ: Richest pastors in the world currently: Top 10. It does not allay the fear of ethnic domination of the minority by the majority people or religion in a multi-ethnic country. The distinction between unitary and federal states, Judicial review outside the United States. Cookies are small files that are stored on your browser. Rigid laws are unsuitable for progressive nations in which amendments happen frequently. There is better coordination between the legislature and the executive. It cannot be misused by government having the support of simple majority in the national legislate. Written and Unwritten Constitution Federalism in India. There are different types of constitutions under the monarchical setup. Here are the four (4) types of constitutions. Most times, democracies turn into competitions for power play, completely disregarding morality. For this type, constitutional law can be amended in the same way as ordinary law. 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. (Of course, there exists the further possibility of change, in both cases, through the extreme means of a popular revolution or a military coup dtat.) 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