Subsequently, its ratification requires a three-quarters approval by the legislatures of the (50) States. 3. A republican constitution provides for the position of a head of state, typically elected by the people for a fixed term in office. On the occasion of the Stephen Ellis Annual Lecture by Prof. Muna Ndulo on Ethnicity, diversity, inclusivity and constitution making in Africa (17 November) the Library, Documentation and Information Department of the African Studies Centre Leiden has compiled a web dossier on African constitutions. The distinction between unitary and federal states, Judicial review outside the United States. Secondly, it can be seen as a social contract between the government as an entity and the people on the one hand. 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. As with other different aspects that define nations, there are various types of constitutions in different parts of the world. Rigidity lends legitimacy to the constitution. A flexible constitution is one that can be easily changed or amended without the need for a cumbersome process. Under such a law, the judiciarys main role is only to see whether the law conforms to the provisions of the constitutions. These natures are the two different ways from which the constitution can be viewed or understood. 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. For example, theConstitution of Australia is rigid, while theBritish Constitutionand theIsraeli Constitutionare flexible. A rigid constitution is likely to fail to cope with time and environment. A flexible construction does not ensure political stability as a ruler, cabal or majority can amend the constitution to favour its interest. Moreover, the document is premised on the idea that there can never be a perfect set of laws applicable at all times. ALSO READ: Differences between a rigid and flexible constitution. The Constitution is the creature of the State. It helps to ensure that amendment that is made to the constitution will be duly deliberated before it is made. The presidents fixed tenure can result in a rigid government. A parliamentary constitution is, in which all the executive power of the state is vest by the Prime Minister. A handful of my blog readers have complained about my website not operating correctly in Explorer but looks great in Chrome. 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. He also implement all the laws enact by the current parliament. Written Constitution: A written constitution refers to when the whole body of fundamental law, customs, . Parliamentary sovereignty is commonly regarded as the defining principle of the British Constitution. Register or login to make commenting easier. Save my name, email, and website in this browser for the next time I comment. The need for amendment may be very urgent for country, but the attempt to amend a rigid constitution may fail. Democracy is a government of the people, who participate in government either directly, or through representatives. But parliament can limit its law making power, as in the Human Rights Act; or devolve legislative power, as in the Scotland Act. A rigid constitution is a constitution which has a cumbersome or long amendment procedure. Put in a different way, in a unitary constitution, all government powers are concentrated in the central or national government as the only source of authority from which powers emanates. 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. In addition, as ensured by the First Amendment, all American citizens are free to petition . 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. 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. This exposes the constitution to judicial intervention. In summary, we use cookies to ensure that we give you the best experience on our website. very frequent. This may lead to a revolution by people or a coup by the military. 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. The United Kingdoms constitution is flexible, because any of its constitutional institutions and rules can be abrogated or modified by an act of Parliament. Typically, constitutions contain the basic laws and principles of nations, social groups, or states. There are different types of constitutions under the monarchical setup. Second nature is that it can be seen as a legal, social and political contract between government as a organization. While India is a blend of rigid and flexible constitution. Rigid constitutions are those, which require a special procedure for the amendment. A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. I enjoin you to seat calmly and read this work so that you will be able to grasp everything I will discuss here. 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. The burden of work can become quite heavy for those in government. In other words, the concept of a constitution is to provide facility people. 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 . Are Lawyers liars? The Constitution, though Supreme, is normally flexible and not rigid, as the government has the power to amend it as needed. Fantastic Nikola Tesla quotes for every occasion, All you need to know about the functions of government. Having representatives makes government more efficient, resulting in faster and better implementation of the peoples will. Rigid Constitution: The Rigid Constitution is one which cannot be easily amended. But It is not a single document, but it contain various sources, such as statutes, convection, and judicial decisions. It will be nice to hear from you! An unwritten constitution is a type of constitution does not contain a single document. Constitutional Law-I. He rules by divine right and his powers were not limited by the constitution if any. On the basis of the amendment procedure (procedure for making changes to the Constitution), a constitution can be classified into rigid and flexible. of. 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. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. A written constitution is usually rigid in nature because of its cumbersome mode of amendment. In this type, the constitution may be written or mainly based on agreements. 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. 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. So, here Im going to drop my pen for this article. It does not exist in one document but can be found in judicial decisions, conventions, and statutes. At times, the country might find itself with a highly unqualified legislature. Such a constitution grows from years of experience and the political behaviour of people. 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. The states name is derived from the Cross River that runs through it. hasty. This point has already been explained in the advantages and disadvantages stated above. In one sense this is true: in the United States there is a formal document called the Constitution, whereas there is no such document in the United Kingdom. It can easily result in administrative instability. be. This results from a phenomenon known as race-to-the-bottom in which states compete to attract investments by lowering taxes. Every codified constitution has uncodified elements. This type of constitution can easily be tempered with and may change easily. 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. That is, constitutional procedures are not legal rules, but is accept by binding the British people. Also he holds limited powers. Flexible and Rigid Constitution. He is the head of government and the head of the majority party, but not the head of state. This is the ultimate law-making power vested in the UK parliament to create or abolish any law. The system is considerably cheaper to run since there are not many bodies that require funding from the central government. It has been criticized as being vague and indefinite. MUST READ: Are Lawyers liars? These instruments also determine the duties and powers of those in office and safeguard the rights of the people. It is the. He may be the king, president, chief, the emblem of the state and the Father or mother of the nation. 1. As it is partially written and not partially not written, the British Constitution is based on a number of practices or convection. To amend the constitution a lengthy procedure has to be followed. There can often be deadlocks between the legislature and the executive. A Constitution that has been systematically and meticulously written down and embodied in a single document is known as a Written Constitution. Your email address will not be published. This could end up being done to satisfy the needs of those in power, completely disregarding the minorities. 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. In contrast, the federal constitution provides different structure of government in national, state and local councils. Each division has its constitutional powers and functions. It is often asserted that the United States has a written constitution and the United Kingdom an unwritten one. 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. The state is located in Southern Nigeria and borders Cameroon to the east. A presidential constitution is, in which all administrative powers are vest by the president of the country. 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. ALSO READ: Features of Democracy: See the major features of democracy. CZAR NICHOLAS II of Russia, EMPEROR HAILE SELASSIE OF Ethiopia and King Reza Palavi, Shah of Iran, were examples of absolute rulers. At times, amendments are extremely necessary. The federal constitution does not tolerate infringement. [3] Advantages and disadvantages of democracy, READ ALSO: 18 local governments in Cross River state and their headquarters. Here is a look at the different types of constitutions that exist in various nations worldwide. ADVERTISEMENTS: There are FIVE different types of Constitution, are as follows:- Written and Unwritten Constitution Flexible and Rigid Constitution Unitary and Federal Constitution Presidential and Parliamentary Constitution Republic and Monarchical Constitution Written and Unwritten Constitution Required fields are marked *. How many types of constitutions are there? Please clarify this, I am really much obliged comrade for the information rendered about the types of constitutions but my colleague seems to be right. Here are the main advantages and disadvantages of a written constitution. This Constitution is an expression of their sovereignty. Your email address will not be published. Such constitutions are written with the combined knowledge and experience of learned people, resulting in improved efficiency. Note: the strength of quorum in India is 1/10th of total members Simple majority: 50% +1 of members present and voting. Types Of Constitution 1. 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. In addition, this system recognizes a citizens right to exit a state. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); I really admires and likes all your lessons because it teaches real source. 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. To a certain extent interpretation inevitably involves adaptation of the letter of the law to societal changes. 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. It gets the respect of all as it cannot be easily abused. . A country may encounter different kinds of disasters like earthquakes and cyclones. Does the constitution provide for a separation of powers? It, therefore, leaves room for possible changes. 20. The people can experience slow government response on matters such as defence and emergencies. Kinds Rigid or inelastic Flexible or elastic. 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. 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