in or register, In particular, proposed amendments to the Constitution and other types of constitutional laws (see Question 1) must undergo two successive debates in each House of . A good example of a country with a written constitution is the United States. Nevertheless, statutes and common-law principles of constitutional import cannot be changed as easily as other statutes and rules and are generally treated as permanent. Constitutions are widely classified into two categories, firstly written and unwritten ; and secondly, rigid and flexible. Both the laws are enacted in the same manner and their source is also same. This kind of constitution can amend like any other law, by a simple vote of the members of parliament. 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. The Rigid Constitution is a type of constitution that is not easily amended. 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. Studies that used different scales to measure a country's difficulty of amending its constitution do not categorize the Japanese Constitution as the most rigid constitution. A flexible constitution may be an unwritten constitution, such as, the constitution of Britain and New Zealand. He rules by divine sovereignty and his authority is not limited by the constitution. Each division has its constitutional powers and functions. A country that uses an unitary government system usually adopts an unconstitutional constitution. It safeguards peoples rights against legislative encroachment. At times, the country might find itself with a highly unqualified legislature. Constitution to the particular governmental action under review. Constitutions also can be classified as rigid or flexible. Those that are rigid stipulate that at least some part of the constitution cannot be modified by the same procedures used to enact statutory law. A unitary constitution provides for government power to be vested in a single central government. Supremacy of Constitution: The central and state governments must obey the constitution. The ordinary person cannot refer to any particular document to understand governance. 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. There is less influence from the party system. 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 . 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. Chapter I, Part II of the Nigerian Constitution clearly divides these powers among the three branches of government: The legislature. 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. 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. However, if you have a questions you can ask about this topic, do not hesitate to post it using the comments section. 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). This central body does not share its power but can delegate it to subordinate bodies such as local and regional governments. ALSO READ: How to become a successful lawyer: 7 Important Qualities. Classification of constitution Written and unwritten constitution Rigid and flexible constitution 1. Save my name, email, and website in this browser for the next time I comment. A written constitution is enacted on a specific date by a particular body, which is specially designed for its adoption and enactment. Since the head of state remains in power for a long time, countries under such laws tend to remain quite stable. Ratifying Convention; see 10th Amendment). Rigidity lends legitimacy to the constitution. Here are the main ups and downs of a flexible constitution. Unitary systems can easily evolve into dictatorships. It ensure political stability of the country because, no section can single handedly amend the constitution to its own favour. A republican system is democratic since people elect their rulers and can question them or vote them out. To understand the meaning and types of constitution, it is pertinent to know that there basically two different natures of the constitution. The development of the material constitution is decisive in determining the retention or demiseas well as the actual meaning and scope in applicationof the principles and rules of the written constitution, whether the latter is rigid or flexible. Types of constitution. 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 rigid constitution always lead to an ideal and desirable change or amendment by the government. ALSO READ: Features of Democracy: See the major features of democracy. In addition, as ensured by the First Amendment, all American citizens are free to petition . It is free from the perils of temporary popular passion. Required fields are marked *. It may also face a rebellion or a revolution. The word democracy is derived from two Greek words, demos and kratia. The former means people while the latter means government or rule. It is the. It does not allay the fear of ethnic domination of the minority by the majority people or religion in a multi-ethnic country. EVOLVED AND ENACTED CONSTITUTIONS: An evolved constitution is the result of the growth of rules, which have been developed with the time, added one by one as and when the need was felt. 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? and. What types of constitutions exist and what defines them? This is one of the major advantages of a flexible constitution you should know. On the other hand, a monarchical one provides for a government led by an emperor, king, or queen. The judiciary. Article 6. 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 is easily adaptable to a countrys changing circumstances. Like common law and customary law, an unwritten constitution grows from many years of practical experience and from the political way of the people. I urge you to read this to the end if you really want to understand the types of constitution. Below are the advantages of a flexible constitution: A flexible constitution is usually easy to amend. The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary ordinary laws of the land. 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. Republican Constitution is a constitution that provides the position of head of the state who is commonly known as President. Such constitutions are written with the combined knowledge and experience of learned people, resulting in improved efficiency. 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. Although it can actually be amended when found necessary. A rigid constitution is suitable for a federal system of government. Continuing the comparison between the British and American constitutions, a further constitutional classification is possible: monarchical and republican. Cookies are small files that are stored on your browser. However, the procedure for amending a rigid constitution may include a two third majority vote of members of the central government legislature, as well as a two-third majority vote in two-third of the state legislatures in such country, and sometimes ratification by the people in a referendum and so forth. Pros and cons of GMOs explained in detail. b. found in the Declaration of Independence. 2. Save my name, email, and website in this browser for the next time I comment. There are two types of monarchical constitution, are as follows:-. Its method of amendment is difficult. A Monarchical constitution is actually a dynasty where the monarch is succeeded by his or her child or other heir from generation to generation or from one ruling house to another. The word democracy is derived from a combination of two Greek words Demos meaning people, and kratia meaning rule or government. The policies of the constitution also enable to put a check on the activities of the 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. 2023: Why zoning, experience, others should be a factor in Akwa Ibom politics by Godwin Edoho. 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 As a result, the legislature cannot blame the executive for the non-implementation of the nations policies. Not all monarchs are competent leaders. Written and Unwritten constitution. A written constitution is a formal document that defines the nature of constitutional agreements; theses include rules that govern the political system and the rights of citizens and governments in a codified form. A presidential constitution is, in which all administrative powers are vest by the president of the country. 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. It contains titles available in the ASCL Library and published in the past six years. 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 is a constitution which stands above the other laws of the country, while flexible constitutions do not. 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. Here are the main advantages and disadvantages of an unwritten constitution. It can result in an irresponsible executive. The different types of constitutions have their merits and demerits and instances in which they are best suited. 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. 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. Such a constitution grows from years of experience and the political behaviour of people. Today, we will be looking at those different types of constitution. In countries where this type of constitution is practiced, the head of state who exercises only ceremonial functions may be a monarch, or a president, who is the figure head, symbol of the state and the Father or mother of the nation as the case may be. In most cases, the head of state is known as the president. On preparing for the competition, I came a cross a book that really exposed me to the differences between the different between the types of constitution. In contrast, the federal constitution provides different structure of government in national, state and local councils. 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. 1. It is premised on stability and performance. As it is partially written and not partially not written, the British Constitution is based on a number of practices or convection. Notify me of follow-up comments by email. 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. what are the differences between rigid and flexible Constitution. A flexible constitution is a constitution which can easily be amended or changed without a cumbersome procedure. Your email address will not be published. That is, constitutional practices which are not legal rules, but are accepted as binding by the British people. Federations tend to be more democratic since leaders are answerable at multiple levels, not only the top government. The system can result in significant economic disparities across states. In countries with low literacy levels and poor. Advantages and disadvantages of democracy, READ ALSO: 18 local governments in Cross River state and their headquarters. Required fields are marked *. It is not in one document, but can be found in various sources, such as statutes, conventions and judicial decisions. Having representatives makes government more efficient, resulting in faster and better implementation of the peoples will. A flexible constitution is a dangerous and fearful foundation to build a country that has a diverse population. 41 regulatory bodies in Nigeria and their functions. The laws contained in it can be amended as simply as one would amend a statute, with a simple majority vote in parliament. Written and Unwritten Constitution 20. It is unlike a rigid constitution. Written constitution is not flexible in nature because of its complex amendment system. If and when this attitude changes, the new viewpoint is likely to eventually make its way into the constitution, whether through the amending process and interpretation by the courts under a rigid constitution or through easier legislative procedures under a flexible 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 . On the other hand, a federal one provides for an association of states in which power is shared. Countries that have rigid constitution includes: United States, Canada, France, Ghana, Nigeria, Sierra Leone, South Africa etc. A rigid constitution is a constitution which has a cumbersome or long amendment procedure. Nevertheless, the provisions of the Swiss constitution have been changed repeatedly on many important points. As a result of being partly written and partly unwritten, the British Constitution relies on many practices or conventions. The procedure for Amending the constitution is usually cumbersome, expensive and time consuming whereas, a flexible constitution can be easily amended. 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. ALSO READ: Advantage and disadvantages of an unwritten constitution. 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