Moreover, due to the cumbersome amendment procedures, the laws are less prone to changes resulting from peoples emotions. 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 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. While India is a blend of rigid and flexible constitution. thanks very much for the above submissions on constitution. 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. ADVERTISEMENTS: 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. However, the procedure for amending a rigid constitution may include an absolute majority. To amend the constitution a lengthy procedure has to be followed. Constitutions are widely classified into two categories, firstly written and unwritten ; and secondly, rigid and flexible. very frequent. Resembling somewhat the latter class are those denominated by judge Jameson as ideal constitutions or those framed in the closets according to abstract ideas of moral . Like common law and customary law, an unwritten constitution grows from many years of practical experience and from the political way of the people. See the truth as to whether lawyers are liars or not. A Rigid constitution, is a type of constitution, which takes long processes of amendment. For this type, constitutional law can be amended in the same way as ordinary law. 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. To understand a Monarchical constitution, you must understand that a monarchy is a government lead by a King, Queen, or Emperor. To understand the meaning and types of constitution, it is important to know that there are two kinds of constitution. Some clauses in such documents depend on the judicial interpretation that, at times, might not be ideal. MUST READ: Highest paying law firms in Nigeria 2020. It fails to keep pace with the changed social, economic and political conditions of the country. Ratifying Convention; see 10th Amendment). Here are the four (4) types of constitutions. The Constitution is the creature of the State. As with other different aspects that define nations, there are various types of constitutions in different parts of the world. 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. Rigid constitution: it is the exact opposite of the flexible constitution. See the truth as to whether lawyers are liars or not. 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It will be nice to hear from you! Such constitutions are written with the combined knowledge and experience of learned people, resulting in improved efficiency. In a federal system, a person can compare political, social, and economic systems in different states and relocate to one they find more suitable. The policies of the constitution also enable to put a check on the activities of the bodies. The laws, in this case, are quite elastic, drastically reducing the chances of a revolution by the people. It depends rather on the peoples attitude concerning the fundamental political values the legal system ought to honour. I enjoin you to read this till the end if you really want to understand the types of a constitution. I have discussed What is difference between Rigid and Flexible 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. He is the head of government and the head of the majority party, but not the head of state. He rules by divine right and his powers were not limited by the constitution if any. 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. A rigid constitution protects minority peoples and other disadvantaged groups. A flexible constitution is easily adaptable to meet the changing social, economic and political needs and developments of a country. Nevertheless, the provisions of the Swiss constitution have been changed repeatedly on many important points. The codified constitution is a set of laws created at a specific period of time. Notify me of follow-up comments by email. 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. of. Conventionally, a democratic government should reflect the peoples generality and must be created and installed by the people. For federal governments, a written constitution provides for the separation of central and federal power. Does the constitution provide for a separation of powers? A rigid constitution is usually in writing or a written constitution whereas, a flexible constitution may be in written or unwritten form. Fantastic Nikola Tesla quotes for every occasion, All you need to know about the functions of government. There lacks a true separation of power in this system. in or register, But parliament can limit its law making power, as in the Human Rights Act; or devolve legislative power, as in the Scotland Act. Both the laws are enacted in the same manner and their source is also same. rigid constitution noun : a constitution that is difficult or slow to change usually because of a prescribed process of amendment that is detailed and lengthy in execution Love words? Chapter I, Part II of the Nigerian Constitution clearly divides these powers among the three branches of government: The legislature. In a unitary system, the people only owe their allegiance to one central body of power. He rules by divine sovereignty and his authority is not limited by the constitution. There can often be deadlocks between the legislature and the executive. 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. She would tell us the the advantages, disagreement, criticism and even problems of every type of constitution. An uwritten constitution is a type of constitution that is not contained in one single document. 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. 24. 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). For example, theConstitution of Australia is rigid, while theBritish Constitutionand theIsraeli Constitutionare flexible. A republican constitution is representative since leaders are elected through the will of the people. Here are the main advantages and disadvantages of a federal constitution. Your browser seems to have Javascript disabled. There are two types of Amendment procedures. 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. Continuing the comparison between the British and American constitutions, a further constitutional classification is possible: monarchical and republican. The powers of the different tiers of the government are usually spelt out in legislative lists of the federal 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. 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 . Below are the advantages of a flexible constitution: A flexible constitution is usually easy to amend. Rigid Constitution Flexible Constitution Written Constitution Unwritten Constitution a) Rigid Constitution A Rigid constitution is a constitution that is difficult to be amended or slow to change usually because of a prescribed process of the amendment that is detailed and lengthy in execution. Your email address will not be published. The ruling class cannot use the constitution to further its narrow interest. A flexible constitution may be amended just like any statute with a simple majority of votes of the members of the parliament. Absolute monarch: This is one in which the monarch has absolute powers of governance. 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. Therefore, the people have little to no say on matters of whoever governs the country. Trust me; this is the major advantage of a written constitution. Under such a law, the judiciarys main role is only to see whether the law conforms to the provisions of the constitutions. The ordinary person cannot refer to any particular document to understand governance. [3] Historical examples include Emperor Haile Selassie of Ethiopia, Czar Nicholas II of Russia, and the former Shah of Iran, Reza Palavi. 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. In addition, this system recognizes a citizens right to exit a state. Since the monarch is not a politician, they can remain neutral on matters that otherwise cause divisions. It, therefore, leaves room for possible changes. The executive. The first nature or way of viewing the constitution is as an expression of the will or desire of the people. It is not a substitute for professional advice or help and should not be relied on to make decisions of any kind. The UK's constitution is unwritten as it hails from no single written document, but derives from a . A rigid constitution cannot be easily amended. 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. On the other hand, a rigid constitution has elaborate, and at times cumbersome, procedures that govern any amendments. The president has sweeping powers, a factor that may give rise to patronage when they appoint their close friends to powerful positions. What do you know about the main top types of inflation? He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. ALSO READ: How to become a successful lawyer: 7 Important Qualities. Your email address will not be published. subjected. 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. 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. 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 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). Here are the main ups and downs of a rigid constitution. Republican Constitution is a constitution that provides the position of head of the state who is commonly known as President. 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. . The others are classifications of constitutions not types because you may find that some may be categorized under written and others under unwritten. But good ?? However, the Constitution does not create clear-cut lines for which types of policy fall under each level of government. In countries with low literacy levels and poor. Lachesis: Here we go! Required fields are marked *. There is no democracy in a monarch since the head of state is not elected. A person born in or outside Zambia after the commencement of this Constitution shall become a citizen of Zambia at the date of his birth if on that date at least one of his parents is a citizen of Zambia. Kinds Rigid or inelastic Flexible or elastic. Indeed, written constitutions can never exhaust the whole constitutional law of a state. The system allows economic, social, and political experimentation since power is shared across different states. Countries where this type of constitution is being practice, the head of state who conducts ceremonial events only. There are two types of monarchical constitution, are as follows:-. 2023: Why zoning, experience, others should be a factor in Akwa Ibom politics by Godwin Edoho. , economic and political experimentation since power is shared across different states knowledge in HTML,,... Others are classifications of constitutions not types because you may find that some may be amended just like any with... 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