These natures are the two different ways from which the constitution can be viewed or understood. try, Your email address will not be published. The different types of constitutions have their merits and demerits and instances in which they are best suited. A presidential constitution is, in which all administrative powers are vest by the president of the country. Such constitutions are written with the combined knowledge and experience of learned people, resulting in improved efficiency. 3. This is a lesson from the tutorial, Constitutions and you are encouraged to log But good ?? Legit.ng recently explore the 18 local governments in Nigerias Cross River State. 41 regulatory bodies in Nigeria and their functions. 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. [1] [2] Nigeria has had many constitutions. One common way to amend the constitution is to increase the threshold of consent within parliament compared to ordinary legislature. Constitutions worldwide are categorized into different types on the basis of their physical form and the procedure laid down to make changes in them. 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. In a unitary constitution, all the powers of government are in center, as it is the only source of authority from which power flows. It has been criticized as being vague and indefinite. Article 368 of the Indian Constitution provides the procedure of Amendment. He rules by divine right and his powers were not limited by the constitution if any. In fact, however, many parts of the British constitution exist in written form; for this reason, most scholars prefer to classify it as uncodified rather than unwritten. 2. Unitary systems can easily evolve into dictatorships. It depends rather on the peoples attitude concerning the fundamental political values the legal system ought to honour. This means that the powers and limitations of government, as well as the rights and duties of citizens, are set in stone and cannot easily be altered. I enjoin you to seat calmly and read this work so that you will be able to grasp everything I will discuss here. 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. A flexible constitution is, which can be easily amend or change without a complicate process. The written constitution can be of three types rigid, flexible or the combination thereof. What do you know about the main top types of inflation? Absolute monarch: This is one in which the monarch has absolute powers of governance. 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 . There you have the major differences between a rigid and flexible constitution. Under a unitary system, most people look up to the government to initiate and implement development initiatives, a fact that could stifle local initiatives. The states name is derived from the Cross River that runs through it. We may share your site usage data with our social media, advertising, and analytics partners for these reasons. Socialism pros and cons: Is this type of economy good or bad? The Constitution is the creature of the State. This is where I am going to drop my pen on this topic. 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). what are the different sources of constitution, what are the different source of constitution, Presidential and Parliamentary Constitution. 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. You might want to see the problems of democracy here. The enactment or amendment of an ordinary law is usually usually easy. The division of powers in this system hampers the potential rise of despotic rulers, protecting the peoples liberty. 20. 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. 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. More-recent written constitutions are generally longer and encompass a wider range of rights accorded to citizens. Save my name, email, and website in this browser for the next time I comment. Although the amending process in the United States is difficult, it is easier than the process in other countries with rigid constitutions. While India is a blend of rigid and flexible constitution. In addition, as ensured by the First Amendment, all American citizens are free to petition . The laws reflect a nations historical continuity. It is said that such a constitution is not ideal for a democracy. 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. It is easily adaptable to a countrys changing circumstances. The first nature or way of viewing the constitution is as an expression of the will or desire of the people. A rigid constitution is a constitution which has a cumbersome or long amendment procedure. It is unsuitable for a country premised on a federal system. There is less influence from the party system. 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. Conventionally, a democratic government should reflect the peoples generality and must be created and installed by the people. In those days, my political science teacher used to take her time to explain everything to the class. Constitutions are widely classified into two categories, firstly written and unwritten ; and secondly, rigid and flexible. Rigid constitution: it is the exact opposite of the flexible constitution. Rigid Constitutionis aconstitutionwhich stands above the other laws of the country, while flexible constitutions do not. This kind of constitution can amend like any other law, by a simple vote of the members of parliament. This happens because all resources have to be mobilized by the national government. A written constitution is enacted on a specific date by a particular body, which is specially designed for its adoption and enactment. Parliamentary Form of Government 6. 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 . Its method of amendment is difficult. ALSO READ: Features of Democracy: See the major features of democracy. Required fields are marked *. A country may encounter different kinds of disasters like earthquakes and cyclones. See the truth as to whether lawyers are liars or not. These instruments also determine the duties and powers of those in office and safeguard the rights of the people. and. Differences between a federal and unitary system of government, Why indirect rule was adopted in Africa during colonization, Characteristics of military rule in Nigeria. A rigid constitution is good for a federal system, because neither the centre nor the federal units can easily change it to their advantage. Don't want to keep filling in name and email whenever you want to comment? However, a written constitution is not always rigid, but may be flexible and easy to amend. However, if you have a questions you can ask about this topic, do not hesitate to post it using the comments section. Your email address will not be published. It is not a substitute for professional advice or help and should not be relied on to make decisions of any kind. For federal governments, a written constitution provides for the separation of central and federal power. In the former, the monarch is the head of state, although in Britain"s case, the powers of the monarch are limited, and the Queen reigns in accordance with the constitution. This is one of the major advantages of a flexible constitution you should know. If the President proclaims an emergency for the whole or part of India under Article 352, the Parliament may be entitled . To a certain extent interpretation inevitably involves adaptation of the letter of the law to societal changes. RIGID CONSTITUTION: Rigid constitutions are those, which require a special procedure for the amendment. 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. Parliamentary sovereignty is commonly regarded as the defining principle of the British Constitution. For this type, constitutional law can be amended in the same way as ordinary law. 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. 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 . Register or login to receive notifications when there's a reply to your comment or update on this information. ADVERTISEMENTS: Rigid Constitution: The Rigid Constitution is one which cannot be easily amended. This can result in improved national unity. Cookies are small files that are stored on your browser. A rigid constitution constitution where every arm of government is functioning maximally with checks and balances and not at the pleasure of executive, does not encourage the emergence of a dictator, because an individual, or cabal with dictatorial propensity cannot easily hoodwinked the legislature which represents the people. Democracy, therefore, loosely translates to the peoples rule. The constitution can be quite expensive to implement, especially when it comes to electing people into office. On the other hand, a rigid constitution has elaborate, and at times cumbersome, procedures that govern any amendments. This will go a long way to help you understand the differences as we continue. A rigid constitution refers to a type of constitutional system in which it is difficult to amend or change the provisions of the constitution. what are the differences between rigid and flexible Constitution. "Rigid Constitution" by Wikipedia,CC BY-SA 3.0, "What are the Merits and Demerits of Rigid Constitution ?" 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. Your browser seems to have Javascript disabled. Moreover, the document is premised on the idea that there can never be a perfect set of laws applicable at all times. Written and unwritten constitutions. Federalism is a type of government in which the sovereign authority of political power is usually divided between two units. It, therefore, leaves room for possible changes. Since a flexible constitution is very easy to amend, the constitution actually allows quick action to be taken in the interest of the nation in time of emergency. The federal constitution, is an free state organization with constitutionally assign powers in federal, state and local councils. The presidents fixed tenure can result in a rigid government. It has ability to change quickly in accordance with changes in the social and political environment of the society and the state. A flexible constitution just like an unwritten and unitary constitution, is wholly suitable for a multi-ethnic, multi-religious or heterogeneous population. A Rigid constitution, is a type of constitution, which takes long processes of amendment. Meanwhile, I would love to hear your contributions to this article. There are no elections costs in monarchs. 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. It is premised on stability and performance. The United Kingdoms constitution is flexible, because any of its constitutional institutions and rules can be abrogated or modified by an act of Parliament. MUST READ: Are Lawyers liars? Article 6. There are two types of constitutions. 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." Letter of the will or desire of the country, while flexible constitutions do not,. To make decisions of any kind or long amendment procedure, and website this! Easier than the process in the same way as ordinary law ought to honour it has been criticized as vague! Wikipedia, CC BY-SA 3.0, `` what are the two different ways from which types of rigid constitution! Their physical form and the state it is not always rigid, flexible or the combination thereof unitary. 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