Like common law and customary law, an unwritten constitution grows from many years of practical experience and through human political approach. Don't want to keep filling in name and email whenever you want to comment? A constitution is considered nominal if it is largely or in substantial parts disregarded and does not provide insight into the real functioning of the political system. This system works great for extremely large countries such as the USA and Australia. The legislative, executive and judicial powers of government are separated under the Nigerian Constitution. Nevertheless, a rigid constitution does not by itself guarantee the stability and continuity of a countrys constitutional law. Am having exam tomorrow and this what im going to read for the exam, Great work here but I need more clarity. Kinds Rigid or inelastic Flexible or elastic. 2. The British constitution is the best example of an unwritten constitution. Constitutions are widely classified into two categories, firstly written and unwritten ; and secondly, rigid and flexible. However, if you have a questions you can ask about this topic, do not hesitate to post it using the comments section. Due to the ease of amendment, a flexible constitution may be amended hastily and unwisely for a selfish or sectional purpose. In addition, as ensured by the First Amendment, all American citizens are free to petition . 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. 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. 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. According to Friedrick, "The great and . SUMMARY: A constitution of the state has the following main functions:- To declare the existence of the state, its name, people, character, political ethos and system; To declare the territorial boundaries of the state (Article 2); To establish organs of governance, provide for recruitment, disciplining of public officials and provide for It depends rather on the peoples attitude concerning the fundamental political values the legal system ought to honour. This first set of constitutions was passed in the following years: 1914, 1922, 1946, 1951 and 1954. The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary ordinary laws of the land. It does not allay the fear of ethnic domination of the minority by the majority people or religion in a multi-ethnic country. In those days, my political science teacher used to take her time to explain everything to the class. The rigid constitution contributes to political stability. A unitary constitution provides for government power to be vested in a single central government. 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. Written and unwritten constitutions. It is important to note that most times, the prime ministers in the cabinet are all members of the same party or coalition equals. Advocates of this type of law argue that it results in less corruption since the person in power does not need to loot as much as possible before their term ends. Notify me of follow-up comments by email. A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. Its method of amendment is difficult. Democracy, therefore, loosely translates to the peoples rule. Republican Constitution is a constitution that provides the position of head of the state who is commonly known as President. Notify me of follow-up comments by email. 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. very frequent. 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. Your email address will not be published. But It is not a single document, but it contain various sources, such as statutes, convection, and judicial decisions. It fails to keep pace with the changed social, economic and political conditions of the country. A flexible constitution is easily adaptable to meet the changing social, economic and political needs and developments of a country. 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." Due to its overly flexible nature, the rules in this constitution keep on changing. Constitution to the particular governmental action under review. See the truth as to whether lawyers are liars or not. Save my name, email, and website in this browser for the next time I comment. Chapter I, Part II of the Nigerian Constitution clearly divides these powers among the three branches of government: The legislature. It helps to ensure that amendment that is made to the constitution will be duly deliberated before it is made. It means that the sovereign unit (Centre) and local units . Each division has its constitutional powers and functions. A republican system is democratic since people elect their rulers and can question them or vote them out. Constitution is believed to be two types written and unwritten, then these two have various classification such as Rigid, Flexible etc but here you listed them as types of constitution. Fundamental Rights 10. One common way to amend the constitution is to increase the threshold of consent within parliament compared to ordinary legislature. 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. It protects the rights of individuals since those in power cannot easily change them. 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. It can easily result in administrative instability. It may also face a rebellion or a revolution. The Constitution is rigid (as opposed to a flexible constitution), since modifying it involves a more complex process of reform than that needed for amending ordinary laws. Typically, this type of law is rigid but can still be amended when necessary. The United Kingdom's constitution is flexible, because any of its . Written Constitution: A written constitution means a constitution written in the form of a book or a series of documents combined in the form of a book. The presidents fixed tenure can result in a rigid government. 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. 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. 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). Bills passed by the countrys legislative arm need to undergo numerous processes before becoming law. As it is partially written and not partially not written, the British Constitution is based on a number of practices or convection. But there is stability in government with a rigid constitution, since it cannot be easily changed to suit the interest of just one person. The procedure for amending or changing a rigid constitution is cumbersome and long. Since the presidents tenure is fixed, the country has more stability since it is highly unlikely to have an unplanned shift in power. \(\overset{\underset{\mathrm{def}}{}}{=} \). Constitution., The first Supreme Court was established by the: a. A rigid constitution is likely to fail to cope with time and environment. In addition, this system recognizes a citizens right to exit a state. This constitution reserved effective power in the hands of the Governor-General and his appointed Executive Council. We use cookies and similar technologies to ensure our website works properly, personalize your browsing experience, analyze how you use our website, and deliver relevant ads to you. [1] [2] Nigeria has had many constitutions. A flexible constitution just like an unwritten and unitary constitution, is wholly suitable for a multi-ethnic, multi-religious or heterogeneous population. In this type, the constitution may be written or mainly based on agreements. Rigid: A federal constitution has the major legal authority than the other laws. She would tell us the the advantages, disagreement, criticism and even problems of every type of constitution. 24. Written and Unwritten constitutionA 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 written constitution can be produced and shown as a . It does not share power with other organs in the country, but transfers power to provincial, local and other sub-government. The first nature of the constitution is consider as the expression of the democracy of the country. For passing or amending an ordinary law, the . Method 1: Congress Proposes an Amendment. This type of government is also known as a "federation" or a "federal state" in common parlance (eg., United States of America). 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. The constitution though Supreme, is usually flexible and not rigid, as the government has power to amend it as maybe necessary. Every codified constitution has uncodified elements. This exposes the constitution to judicial intervention. The Constitution recognizes, grants and guarantees 34 rights of the people-The Rights of Human Dignity, Equality, Religion and Customs, Freedom of Expression, Freedom of Media, Association, Domicile, Property, Economic Freedom, Judicial Protection, Citizenship and Political Rights. Primarily, the Constitution mentions three types of emergency - national emergency, state emergency and financial emergency. A Constitution refers to a system of laws and principles that act as a basis for governance in a country. Parliamentary sovereignty is commonly regarded as the defining principle of the British Constitution. (Of course, there exists the further possibility of change, in both cases, through the extreme means of a popular revolution or a military coup dtat.) The distinction between unitary and federal states, Judicial review outside the United States. Skinner v. If our SA president can spread conspiracies and provoke other nations on Twitter,which section of the constitution would he had violated? There are two types of constitutions. Eventually, state-centred decisions overtake national interests. 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. On the other hand, the unwritten constitution evolves gradually as well as it is updated with a passage of time. The others are classifications of constitutions not types because you may find that some may be categorized under written and others under unwritten. Moreover, the document is premised on the idea that there can never be a perfect set of laws applicable at all times. A flexible constitution may be amended just like any statute with a simple majority of votes of the members of the parliament. The word democracy is derived from two Greek words, demos and kratia. The former means people while the latter means government or rule. Such constitutions are written with the combined knowledge and experience of learned people, resulting in improved efficiency. Read Constitutional Law and Governance in Uganda pg. Tell me what you think about the differences between a rigid and flexible constitution highlighted here. The written constitution can be of three types rigid, flexible or the combination thereof. The ordinary person cannot refer to any particular document to understand governance. 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. A rigid constitution protects the fundamental rights of the individual. b. found in the Declaration of Independence. Of course, the constitution of Great Britain is the best example Of the former, While the eighteenth-century constitutions of France were typical illustrations of the latter type. A rigid constitution brings about a stable government whereas, there is no stability in a flexible constitution. 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. Lengthiest Written Constitution 2. 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. 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. In todays article, i will be sharing with you the differences between a rigid and flexibile 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. Rigid Constitution is a constitution which stands above the other laws of the country, while flexible constitutions do not. Rigid laws are unsuitable for progressive nations in which amendments happen frequently. Royal families in monarchs lead very expensive lifestyles that could burden the citizens. Do you ever run into any web browser compatibility issues? More-recent written constitutions are generally longer and encompass a wider range of rights accorded to citizens. If necessary changes are not inserted in the constitution in view of the changes that take place with the march of time, the consequences may be very bad for country. It protects the rights of the minority through judicial systems. Development tends to be even across the entire nation since the central government is responsible for developing every part of the country. Here are the main advantages and disadvantages of a written constitution. The division of powers in this system hampers the potential rise of despotic rulers, protecting the peoples liberty. Article 6. 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 . 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. Flexible and Rigid Constitution A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. Unless specified, this website is not in any way affiliated with any of the institutions featured. be. Constitutions worldwide are categorized into different types on the basis of their physical form and the procedure laid down to make changes in them. suggestions: could you please provide case laws, statutes, legal authorities and principles or countries constitutions on the various types of constitutions. Subscribe my Channel: https://www.youtube.com/channel/UCqKvfWhZpdrCA1C51RShQnA . 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. The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary laws of the land. The procedure for amending a flexible constitution is not cumbersome, long expensive, time or energy consuming. To a certain extent interpretation inevitably involves adaptation of the letter of the law to societal changes. The president then has the liberty to exercise his powers directly or through his deputy president, cabinet secretaries, or other officers. Integrated and Independent Judiciary 9. Here are the main ups and downs of a flexible constitution. Both the laws are enacted in the same manner and their source is also same. "Rigid Constitution" by Wikipedia,CC BY-SA 3.0, "What are the Merits and Demerits of Rigid Constitution ?" At times, amendments are extremely necessary. On the other hand, a rigid constitution has elaborate, and at times cumbersome, procedures that govern any amendments. 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 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. 2023: Why zoning, experience, others should be a factor in Akwa Ibom politics by Godwin Edoho. 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