It depends rather on the peoples attitude concerning the fundamental political values the legal system ought to honour. It is formulated and adopted by a constituent assembly or a council or a legislature. 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. It is quite difficult to amend, making it too rigid. Also read: what is rule of law in constitution. The procedure for amending or changing a rigid constitution is cumbersome and long. Also read: what are the different sources of constitution, There are FIVE different types of Constitution, are as follows:-. Written and Unwritten Constitution It is free from the perils of temporary popular passion. Here are the four (4) types of constitutions. On the other hand, a flexible government is more suitable for a unitary system of government with a homogeneous population. 6. 4 It prevents the autocratic exercise of powers by the government 5 It is ideal for a federation. differences between a rigid and flexible constitution. An uwritten constitution is a type of constitution that is not contained in one single document. Be the first to get hottest news from our Editor-in-Chief, Check your email and confirm your subscription. Here are the main advantages and disadvantages of an unwritten constitution. It also serves as an important port city to both the Cross River State and Nigeria at large. Whereas, there may not be an ideal or desirable change of the constitution by the government in a flexible constitution. The U.S. Constitution, at roughly 7,000 words, is a model of brevity, and many constitutions in Western countries are only slightly longer. The word democracy is derived from two Greek words, demos and kratia. The former means people while the latter means government or rule. The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary ordinary laws of the land. A true democratic government must be a government made up of the generality or representatives of the people. Since the constitution is easy to amend, the government can change the content of the constitution for their interest. endments. ALSO READ: How to become a successful lawyer: 7 Important Qualities. There are no elections costs in monarchs. 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. RIGID CONSTITUTION: Rigid constitutions are those, which require a special procedure for the amendment. ALSO READ: Features of Democracy: See the major features of democracy. What do you know about the main top types of inflation? It safeguards peoples rights against legislative encroachment. to. The ruling class cannot use the constitution to further its narrow interest. We may share your site usage data with our social media, advertising, and analytics partners for these reasons. 2023: Why zoning, experience, others should be a factor in Akwa Ibom politics by Godwin Edoho. Due to the ease of amendment, a flexible constitution may be amended hastily and unwisely for a selfish or sectional purpose. There are two types of Amendment procedures. In this article I will clearly highlight the basic differences between a rigid and flexible constitution. Supremacy of Constitution: The central and state governments must obey the constitution. The head of government in a monarchy is usually succeeded by his or her child, and this goes on from generation to generation. 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. [1] [2] Nigeria has had many constitutions. Kinds Rigid or inelastic Flexible or elastic. [Persons entitled to apply to be registered as Citizens] (1) Any person who -- (a) has attained the age of twenty-one years; or The enactment or amendment of an ordinary law is usually usually easy. In todays article, i will be sharing with you the differences between a rigid and flexibile constitution. The ordinary person cannot refer to any particular document to understand governance. The people can experience slow government response on matters such as defence and emergencies. Warmly, The power of the president is to uphold the constitution. The policies of the constitution also enable to put a check on the activities of the bodies. A presidential constitution is, in which all administrative powers are vest by the president of the country. Conventionally, a democratic government should reflect the peoples generality and must be created and installed by the people. 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. At times, amendments are extremely necessary. Here are the main advantages and disadvantages of a republican constitution. On the other hand, a rigid constitution is a type of constitution, which has a cumbersome or long amendment procedures. The laws reflect a nations historical continuity. It is not in one document, but can be found in various sources, such as statutes, conventions and judicial decisions. 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. If our SA president can spread conspiracies and provoke other nations on Twitter,which section of the constitution would he had violated? 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. Historical examples include Emperor Haile Selassie of Ethiopia, Czar Nicholas II of Russia, and the former Shah of Iran, Reza Palavi. Difference between rigid and flexible constitution Previous Post Sources of the Indian Constitution Its method of amendment is difficult. Rigid Constitution: The Rigid Constitution is one which cannot be easily amended. The US constitution is an exemplary rigid constitution, for a proposal of constitutional amendment requires a two-thirds majority vote in both Houses of the Congress: the House of Representatives (435 members) and the Senate (100 Senators). A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. The Rigid Constitution is a type of constitution that is not easily amended. (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.) It is necessary to take quick decisions to deal with such emergencies. Democracies often have high levels of corruption since they are primarily based on electoral competition. 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). Defects of Unwritten Constitutions :-Unwritten constitutions, like those of the rigid type, have elements of weakness. The state is located in Southern Nigeria and borders Cameroon to the east. The distinction between unitary and federal states, Judicial review outside the United States. This happens because all resources have to be mobilized by the national government. 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. 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. 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. It is very definite, removing any drawbacks that uncertainties can bring about. This type of constitution is partially written and partly oral. 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. Human cloning pros and cons: Ethics vs. scientific progress. The laws contained in it can be amended as simply as one would amend a statute, with a simple majority vote in parliament. In those days, my political science teacher used to take her time to explain everything to the class. by Arvind Kumar, Preserve Articles. See the truth as to whether lawyers are liars or not. It is unlike a rigid constitution. Article 368 of the Indian Constitution provides the procedure of Amendment. So, here Im going to drop my pen for this article. Constitution of India: Borrowed Features Following are the features of the Constitution borrowed from different countries: Features borrowed From the United Kingdom; Nominal Head - President. 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. Not all monarchs are competent leaders. . 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. The federal constitution cannot be changed in the same way as the . Types of Constitution: 1. In addition, as ensured by the First Amendment, all American citizens are free to petition . A rigid constitution is a type of constitutional framework that is difficult to amend or change. 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. It easily safeguards the traditions of a country. This answer has two elements. The rigid constitution contributes to political stability. A flexible construction does not ensure political stability as a ruler, cabal or majority can amend the constitution to favour its interest. 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. The authority has been given to states to make its laws on education, police, taxation system etc. The great majority of countries have rigid constitutions. 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. 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. Although it can actually be amended when found necessary. Indeed, written constitutions can never exhaust the whole constitutional law of a state. Constitution to the particular governmental action under review. He may be the king, president, chief, the emblem of the state and the Father or mother of the nation. Although amendment can be possible when is seems necessary. Subscribe my Channel: https://www.youtube.com/channel/UCqKvfWhZpdrCA1C51RShQnA . A flexible constitution is a dangerous and fearful foundation to build a country that has a diverse population. This results from a phenomenon known as race-to-the-bottom in which states compete to attract investments by lowering taxes. In contrast, the federal constitution provides different structure of government in national, state and local councils. MUST READ: Highest paying law firms in Nigeria 2020. Skinner v. It protects the rights of individuals since those in power cannot easily change them. Here are the main advantages and disadvantages of a written constitution. 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 . He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. This has led to questions over the balance of power between national and state governments. A country that uses an unitary government system usually adopts an unconstitutional constitution. The law makes it easier to make decisions since the people can supervise government at different levels. Rigid Constitution is a constitution which stands above the other laws of the country, while flexible constitutions do not. Primarily, the Constitution mentions three types of emergency - national emergency, state emergency and financial emergency. 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. There is better coordination between the legislature and the executive. That is, constitutional procedures are not legal rules, but is accept by binding the British people. Constitutions are widely classified into two categories, firstly written and unwritten ; and secondly, rigid and flexible. It gets the respect of all as it cannot be easily abused. The constitutions of USA, Australia and Switzerland are the example of a rigid constitution. Although courts may always review governmental action to guard against the arbitrary or unreasonable, the starting point must be a presumption . 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. It does not exist in one document but can be found in judicial decisions, conventions, and statutes. 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. One common way to amend the constitution is to increase the threshold of consent within parliament compared to ordinary legislature. Here are the main advantages and disadvantages of a democratic constitution. In a flexible constitution there is no distinction between ordinary law and constitutional law. Im really loving the theme/design of your weblog. Rule Of Law 8. Areas neglected for political reasons can be left out of development agendas. Your browser seems to have Javascript disabled. For passing or amending an ordinary law, the . It may also face a rebellion or a revolution. Top details about affirmative action pros and cons. Required fields are marked *. A rigid constitution cannot be easily amended. 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. This time of constitution is good for a small country, kindred people or a homogeneous population. 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. This is especially true when people elect suitable leaders who represent their interests. 2. Save my name, email, and website in this browser for the next time I comment. According to Friedrick, "The great and . 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. Such constitutions are written with the combined knowledge and experience of learned people, resulting in improved efficiency. 3. 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. 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