Save my name, email, and website in this browser for the next time I comment. Flexible and Rigid Constitution A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. Critics of this system argue that it results in more corruption since the justice system often overlooks the atrocities committed by royal families. 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. To date, none seems overly superior to the other, as proven by the existence of the different types in various countries worldwide. 24. c. outlined in The Federalist Papers, issue V d. found in Article 3 of the U.S. In this type, the constitution may be written or mainly based on agreements. The states capital, Calabar, sits on a hill near the Calabar River and is renowned for its colonial-era British architecture. The law provides for the existence of numerous political parties. 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. On the other hand, the unwritten constitution evolves gradually as well as it is updated with a passage of time. When the amendment procedure is too simple, the laws can be overly influenced by popular passion. 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. Under this scheme there are two types of constitution.-flexible and rigid. Classification of constitution Written and unwritten constitution Rigid and flexible constitution 1. 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. On the basis of the amendment procedure (procedure for making changes to the Constitution), a constitution can be classified into rigid and flexible. A rigid constitution is good for a federal system, because neither the centre nor the federal units can easily change it to their advantage. A rigid constitution allows for careful consideration before any amendment is made to the constitution. The president may exercise the executive authority by own or through consultation with the vice-president, the minister, or other officers in the public service. Do you have any solutions to help fix this issue? There is no democracy in a monarch since the head of state is not elected. This first set of constitutions was passed in the following years: 1914, 1922, 1946, 1951 and 1954. Rigid Constitution: The Rigid Constitution is one which cannot be easily amended. It is among the most stable law structure and is best suited for an emergency period in a country. Here is a look at the different types of constitutions that exist in various nations worldwide. That's why it is very difficult to amend US constitution. This is equally an eye opener to young students all over the world on this topic. What do you know about the main top types of inflation? Such procedures often involve a two-thirds vote in parliament, popular vote by the people or ratification through a referendum. A rigid constitution is a constitution which has a cumbersome or long amendment procedure. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. 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. This may lead to a revolution by people or a coup by the military. 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. It is always recommended to visit an institution's official website for more information. Secondly, it can be seen as a social contract between the government as an entity and the people on the one hand. 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. It encompasses a nations entire rules and ideals, a factor that might be less than ideal for some ages. Since the constitution is easy to amend, the government can change the content of the constitution for their interest. 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. A flexible constitution may be amended just like any statute with a simple majority of votes of the members of the parliament. Constitutional Law-I. 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). Unless specified, this website is not in any way affiliated with any of the institutions featured. Ratifying Convention; see 10th Amendment). Nevertheless, there are no completely codified and uncodified constitutions. The presidents fixed tenure can result in a rigid government. 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. If you know a friend or anyone close to you who doesnt know these differences yet, dont hesitate to share this article with him or her. This will go a long way to help you understand the differences as we continue. However, if you have a questions you can ask about this topic, do not hesitate to post it using the comments section. Federalism is a type of government in which the sovereign authority of political power is usually divided between two units. On the other hand, a federal system of government is an association of free states where power is constitutionally shared to the federal, state and local councils, and with each tier of government exercising its constitutionally assigned powers and functions. At the same time, uncodified constitution type is based on customs and traditions. The constitution can be quite expensive to implement, especially when it comes to electing people into office. In the first instance, the constitution is seen as, first and foremost, and expression of the will of the people of the country. Supremacy of Constitution: The central and state governments must obey the constitution. Whether long or short, written constitutions can concern themselves exclusively or prevalently with the organization of government or deal extensively also with the rights of the people and with the goals of governmental action. 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 . (b) Constitutional Amendment requiring the direct involvment of the people through referendum. Most times, democracies turn into competitions for power play, completely disregarding morality. Written and Unwritten Constitution Typically, this type of law is rigid but can still be amended when necessary. The burden of work can become quite heavy for those in government. The system can result in significant economic disparities across states. Here are the main ups and downs of a flexible constitution. This is the ultimate law-making power vested in the UK parliament to create or abolish any law. by Arvind Kumar, Preserve Articles. Continuing the comparison between the British and American constitutions, a further constitutional classification is possible: monarchical and republican. 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. Although it can actually be amended when found necessary. It is easily adaptable to a countrys changing circumstances. The judiciary tends to overplay its role in a country governed by an unwritten law. "Rigid Constitution" by Wikipedia,CC BY-SA 3.0, "What are the Merits and Demerits of Rigid Constitution ?" This is one of the major advantages of a flexible constitution you should know. Nonetheless, I will still give you a comprehensive explanation of the differences between flexible and rigid constitution as we continue. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); I really admires and likes all your lessons because it teaches real source. This is where I am going to drop my pen on this topic. A country may encounter different kinds of disasters like earthquakes and cyclones. Note: the strength of quorum in India is 1/10th of total members Simple majority: 50% +1 of members present and voting. More-recent written constitutions are generally longer and encompass a wider range of rights accorded to citizens. 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. The written constitution can be of three types rigid, flexible or the combination thereof. 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. Rigid constitutions are those, which require a special procedure for the amendment. Legit.ng recently explore the 18 local governments in Nigerias Cross River State. The U.S. Constitution, at roughly 7,000 words, is a model of brevity, and many constitutions in Western countries are only slightly longer. A written constitution is enacted on a specific date by a particular body, which is specially designed for its adoption and enactment. There you have the major differences between a rigid and flexible constitution. Whereas, there may not be an ideal or desirable change of the constitution by the government in a flexible constitution. 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. Even though I understood the meaning of all the types of constitution she thought, I was unable to differentiate between them. Top 5 causes of the current religious crisis in Nigeria and possible solutions. The constitutions of USA, Australia and Switzerland are the example of a rigid constitution. 4 It prevents the autocratic exercise of powers by the government 5 It is ideal for a federation. Continue With the Mobile App | Available on Google Play. He may be the king, president, chief, the emblem of the state and the Father or mother of the nation. Lengthiest Written Constitution 2. Constitution to the particular governmental action under review. Now! Also read: what is rule of law in constitution. Anyways, if you have any contribution or questions to ask on this topic, do no hesitate to send them using the comment section. These kinds have two different ways in which the constitution can be understand. 2023: Why zoning, experience, others should be a factor in Akwa Ibom politics by Godwin Edoho. In a federal system, a person can compare political, social, and economic systems in different states and relocate to one they find more suitable. Kinds Rigid or inelastic Flexible or elastic. Although amendment can be possible when is seems necessary. This can result in improved national unity. It protects the rights of the minority through judicial systems. RIGID CONSTITUTION: Rigid constitutions are those, which require a special procedure for the amendment. 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. 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 safeguards peoples rights against legislative encroachment. Since the head of state remains in power for a long time, countries under such laws tend to remain quite stable. Your email address will not be published. I will be glad to hear from you! Following ar the types of constitutions: Written and unwritten constitutions; Rigid and flexible constitutions The constitution of 1946 was passew when the Westminster Style Parliamentary Constitution was enacted in the country. A flexible construction does not ensure political stability as a ruler, cabal or majority can amend the constitution to favour its interest. Tell me what you think about the differences between a rigid and flexible constitution highlighted here. On the other hand, a rigid constitution is a type of constitution, which has a cumbersome or long amendment procedures. Save my name, email, and website in this browser for the next time I comment. This point has already been explained in the advantages and disadvantages stated above. Here are the main pros and cons of a unitary constitution. 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. ADVERTISEMENTS: It is not in one document, but can be found in various sources, such as statutes, conventions and judicial decisions. 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. 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