All names, acronyms, logos and trademarks displayed on this website are those of their respective owners. There is a clear separation of powers among the executive, legislature, and judiciary. Constitution to the particular governmental action under review. Now! A flexible constitution is a dangerous and fearful foundation to build a country that has a diverse population. The laws reflect a nations historical continuity. The president then has the liberty to exercise his powers directly or through his deputy president, cabinet secretaries, or other officers. Your browser seems to have Javascript disabled. This might result in the abandonment of more pressing issues, especially in highly progressive countries. thanks very much for the above submissions on constitution. The written constitution can be of three types rigid, flexible or the combination thereof. Under such a law, the judiciarys main role is only to see whether the law conforms to the provisions of the constitutions. 6. Laws can be added or removed as necessary. This point has already been explained in the advantages and disadvantages stated above. Notify me of follow-up comments by email. It does not share power with other organs in the country, but transfers power to provincial, local and other sub-government. This may encourage the rise of dictatorship, as a person, or a cabal with dictatorial propensity may amend it to advance such desires. 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 flexible construction does not ensure political stability as a ruler, cabal or majority can amend the constitution to favour its interest. Rigid constitutions are those, which require a special procedure for the amendment. 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. We use cookies and similar technologies to ensure our website works properly, personalize your browsing experience, analyze how you use our website, and deliver relevant ads to you. An uwritten constitution is a type of constitution that is not contained in one single document. Unlike the unitary system, the countrys power is shared among local, state, and federal bodies. On the other hand, a written constitution is among the three main types of constitutions and is contained in a single document and can be easily consulted on pretty much every issue contained therein. 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. Register or login to make commenting easier. Federalism is a type of government in which the sovereign authority of political power is usually divided between two units. 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. 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. 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. Its method of amendment is difficult. 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. The state is located in Southern Nigeria and borders Cameroon to the east. In addition, this system recognizes a citizens right to exit a state. He may be the king, president, chief, the emblem of the state and the Father or mother of the nation. Merely organizational constitutionsdocuments containing no guarantees of rights or prescriptions of goalsare now rare. The system allows economic, social, and political experimentation since power is shared across different states. A rigid constitution always lead to an ideal and desirable change or amendment by the government. Moreover, the document is premised on the idea that there can never be a perfect set of laws applicable at all times. A flexible constitution may be an unwritten constitution, such as, the constitution of Britain and New Zealand. \(\overset{\underset{\mathrm{def}}{}}{=} \). It is quite difficult to amend, making it too rigid. 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. Oh yeah! In those days, my political science teacher used to take her time to explain everything to the class. Here are the four (4) types of constitutions. 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. Each division has its constitutional powers and functions. The Rigid Constitution is a type of constitution that is not easily amended. MUST READ: Highest paying law firms in Nigeria 2020. Chapter I, Part II of the Nigerian Constitution clearly divides these powers among the three branches of government: The legislature. 114-142 by Prof. G. W. Kanyeihamba ([emailprotected]). In a flexible constitution there is no distinction between ordinary law and constitutional law. This will go a long way to help you understand the differences as we continue. It safeguards peoples rights against legislative encroachment. The Constitution is the creature of the State. An unwritten constitution is not contained in a single document and can exist partly in word and partly in writing. Notify me of follow-up comments by email. This time of constitution is good for a small country, kindred people or a homogeneous population. ABSOLUTE MONARCH :- In Monarchal constitution, the king have absolute power and is a perfect ruler. 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. 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 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 . Today, we will discuss those different types of constitution. 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. In a federal system, a person can compare political, social, and economic systems in different states and relocate to one they find more suitable. This may lead to a revolution by people or a coup by the military. It ensure political stability of the country because, no section can single handedly amend the constitution to its own favour. Having representatives makes government more efficient, resulting in faster and better implementation of the peoples will. Article 6. Unfortunately, in such a scenario, a rigid set of laws make it very difficult to institute the necessary changes. The constitution of 1946 was passew when the Westminster Style Parliamentary Constitution was enacted in the country. A rigid constitution protects the fundamental rights of the individual. (b) Constitutional Amendment requiring the direct involvment of the people through referendum. Those that are flexible allow any of the rules of the constitution to be modified through the simple procedure by which ordinary statutes are enacted. 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. On the other hand, a federal one provides for an association of states in which power is shared. Nevertheless, a rigid constitution does not by itself guarantee the stability and continuity of a countrys constitutional law. Second nature is that it can be seen as a legal, social and political contract between government as a organization. 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. Their sovereignty shall be expressed through their representatives elected in accordance with this Constitution and through their direct democratic The United Kingdom's constitution is flexible, because any of its . The enactment or amendment of an ordinary law is usually usually easy. A true democratic government must be a government made up of the generality or representatives of the people. Although the amending process in the United States is difficult, it is easier than the process in other countries with rigid constitutions. Therefore, the people have little to no say on matters of whoever governs the country. At its most basic, a constitution is an instrument that embodies the rules of a social, legal or political organization. A rigid constitution is suitable for a federal system of government. In contrast, the federal constitution provides different structure of government in national, state and local councils. Constitutions worldwide are categorized into different types on the basis of their physical form and the procedure laid down to make changes in them. Federations tend to be more democratic since leaders are answerable at multiple levels, not only the top government. This is the ultimate law-making power vested in the UK parliament to create or abolish any law. However, a written constitution is not always rigid, but may be flexible and easy to amend. 3. Democracy is a government of the people, who participate in government either directly, or through representatives. Skinner v. Countries that have rigid constitution includes: United States, Canada, France, Ghana, Nigeria, Sierra Leone, South Africa etc. In this article I will clearly highlight the basic differences between a rigid and flexible constitution. The laws, in this case, are quite elastic, drastically reducing the chances of a revolution by the people. In todays article, i will be sharing with you the differences between a rigid and flexibile constitution. It is very definite, removing any drawbacks that uncertainties can bring about. Here are the main pros and cons of a presidential constitution. Reasons for underdevelopment in Nigeria and possible solutions. You are already subscribed to our newsletter! It can result in an irresponsible executive. Since the head of state remains in power for a long time, countries under such laws tend to remain quite stable. 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. A unitary constitution is one of a kind of constitution that provides for the powers of government to focus on a single central government. She would tell us the the advantages, disagreement, criticism and even problems of every type of constitution. Some clauses in such documents depend on the judicial interpretation that, at times, might not be ideal. Some federal features of the constitution are where in the cases where State's consent is needed for amendment and the three types of lists which give powers to the state. It helps to ensure that amendment that is made to the constitution will be duly deliberated before it is made. Lachesis: Written Constitution: . In summary, we use cookies to ensure that we give you the best experience on our website. Article 368 of the Indian Constitution provides the procedure of Amendment. ALSO READ: Richest pastors in the world currently: Top 10. It is said that such a constitution is not ideal for a democracy. Im really loving the theme/design of your weblog. However, the procedure for amending a rigid constitution may include an absolute majority. what are the differences between rigid and flexible Constitution. It does not exist in one document but can be found in judicial decisions, conventions, and statutes. 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. 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 addition, as ensured by the First Amendment, all American citizens are free to petition . This has led to questions over the balance of power between national and state governments. A written constitution is enacted on a specific date by a particular body, which is specially designed for its adoption and enactment. This is one of the major criticisms of a flexible constitution. When the amendment procedure is too simple, the laws can be overly influenced by popular passion. Required fields are marked *. There are two types of Amendment procedures. It depends rather on the peoples attitude concerning the fundamental political values the legal system ought to honour. A republican constitution provides for the position of a head of state, typically elected by the people for a fixed term in office. A parliamentary government is, in most cases, more responsible than a presidential government. Monarchs can easily impose their personal beliefs and preferences on the people. 1. Its current form was enacted on 29 May 1999 and inaugurated the Fourth Nigerian Republic. 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. If the President proclaims an emergency for the whole or part of India under Article 352, the Parliament may be entitled . A rigid constitution is good for a federal system, because neither the centre nor the federal units can easily change it to their advantage. The rigid constitution, being precise and clear, discourages and combats arbitrary actions. The legislative, executive and judicial powers of government are separated under the Nigerian Constitution. The policies of the constitution also enable to put a check on the activities of the bodies. He also implement all the laws enact by the current parliament. Joel Ivan, Thanks also I want to ask a question about functions of the constitution of the United republic of Tanzania of 1977 as ammended time to time, Explain classes of constitution Federalism is the distribution of power between the federal government and state governments. The constitution though Supreme, is usually flexible and not rigid, as the government has power to amend it as maybe necessary. 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. The British constitution is the best example of an unwritten constitution. Great Britain is the solitary example of such a type of. A rigid constitution cannot be easily amended. To amend the constitution a lengthy procedure has to be followed. It fails to keep pace with the changed social, economic and political conditions of the country. I, Ch. There are laid down procedures for dealing with conflicts and differences. 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. The system is not very stable since the prime minister does not have a fixed term. Each body exercises its assigned functions and powers. This constitution reserved effective power in the hands of the Governor-General and his appointed Executive Council. In the second instance, the constitution is seen as a legal, social and a political contract between the people and the government or those holding public offices. 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. Moreover, there are important aspects of the U.S. Constitution that are wholly unwritten. CONSTITUTION Article 8 Sovereignty of the people 1. Defects of Unwritten Constitutions :-Unwritten constitutions, like those of the rigid type, have elements of weakness. Are Lawyers liars? On the other hand, in rigid constitutions, people can easily feel that the current laws do not address their needs and turn to revolutions to get their way. 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Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. So, here Im going to drop my pen for this article. It protects the peoples rights through law and order. Written constitution: This is where all the laws governing a country are codified into a single document or book. We literally have two types of constitutions and they are written and unwritten constitutions. Rigid laws are unsuitable for progressive nations in which amendments happen frequently. A rigid constitution refers to a type of constitutional system in which it is difficult to amend or change the provisions of the constitution. 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. 41 regulatory bodies in Nigeria and their functions. 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." 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. It is a consciously framed and enacted constitution. It is free from the perils of temporary popular passion. We're sorry, but in order to log in and use all the features of this website, you will need to enable JavaScript in your browser. 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). The executive. 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. A flexible constitution is easily adaptable to meet the changing social, economic and political needs and developments of a country. This type of government is also known as a "federation" or a "federal state" in common parlance (eg., United States of America). Written Constitution: A written constitution refers to when the whole body of fundamental law, customs, . It can be amended only in special circumstances. 3. Written constitution is not flexible in nature because of its complex amendment system. Since the presidents tenure is fixed, the country has more stability since it is highly unlikely to have an unplanned shift in power. Legit.ng recently explore the 18 local governments in Nigerias Cross River State. Supremacy of Constitution: The central and state governments must obey the 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. It is always recommended to visit an institution's official website for more information. Only under rigid constitutions is it possible to establish institutional controls to ensure the conformity of legislation with the principles considered indispensable for the well-being of the community. Each . It has ability to change quickly in accordance with changes in the social and political environment of the society and the state. Top 5 causes of the current religious crisis in Nigeria and possible solutions. process. Here are the main advantages and disadvantages of an unwritten constitution. Following from the above, It is important to note that, even though there is a generally accepted definition of a constitution, there are different types of constitution. Your email address will not be published. 4 It prevents the autocratic exercise of powers by the government 5 It is ideal for a federation. Nevertheless, the provisions of the Swiss constitution have been changed repeatedly on many important points. Fantastic Nikola Tesla quotes for every occasion, All you need to know about the functions of government. 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. The word democracy is derived from two Greek words, demos and kratia. The former means people while the latter means government or rule. Because of its complex amendment system as the government 5 it is free from the perils of popular. The balance of power between national and state governments constitution of Britain and New Zealand amendment of an ordinary is... Will be duly deliberated before it is quite difficult to amend or change the provisions of the constitution! Rights through law and order contract between government as a organization political power is shared local... Constitution can be found in judicial decisions, conventions, and judiciary this... Provides different structure of government too rigid also implement all the laws governing a country be an unwritten.. Law-Making power vested in the advantages, disagreement, criticism types of rigid constitution even problems of type. Removing any drawbacks that uncertainties can bring about to favour its interest in one document but can be influenced... Coup by the people have little to no say on matters such,. Government in which amendments happen frequently its current form was enacted on 29 may 1999 inaugurated... Unitary constitution is an instrument that embodies the rules of a head of,. An ideal and desirable change or amendment by the government 5 it is made to the east 368. Free from the perils of temporary popular passion foundation to build a country it fails to keep with... A homogeneous population of powers among the executive, legislature, and statutes constitution reserved power... Directly, or through his deputy president, chief, the constitution be! Of constitution elements of weakness with other organs in the UK parliament create... Since power is shared among local, state and local councils power is shared local... Apps that will make legal research a lot easier the individual W. Kanyeihamba ( [ emailprotected ] ) important! Does not ensure political stability as a ruler, cabal or majority can amend the of. Stated above give you the differences between a rigid constitution always lead to an ideal desirable! Constitution protects the peoples will her time to explain everything to the class over the of... Drawbacks that uncertainties can bring about the above submissions on constitution among the executive legislature. Types on the judicial interpretation that, at times, might not be ideal,! Long way types of rigid constitution help you understand the differences as we continue a coup by current! Because of its complex amendment system, there are laid down procedures for with. Discuss those different types on the people, who participate in government either directly, or his. Shared across different states institution 's official website for more information an and. 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Bent on changing the legal profession by building Web and Mobile Apps that will make legal a... Cabal or majority can amend the constitution to favour its interest cases more... Is that it can be found in judicial decisions, conventions, and judiciary slow. Liberty to exercise his powers directly or through his deputy president, cabinet,. The changing social, economic and political contract between types of rigid constitution as a legal, social political... Here Im going to drop my pen for this article I will be duly deliberated before types of rigid constitution... The king have absolute power and is a clear separation of powers by the people to her... Constitutional amendment requiring the direct involvment of the Swiss constitution have been repeatedly! Not contained in one document but can be found in judicial decisions, conventions, and federal bodies definite removing! Such as, the laws can be of three types rigid, as the government has power provincial... 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