This is a lesson from the tutorial, Constitutions and you are encouraged to log The rigid constitution, being precise and clear, discourages and combats arbitrary actions. However, she never said anything about the similarities or differences between some of the types of constitutions and that was a big problem. The Constitution, though Supreme, is normally flexible and not rigid, as the government has the power to amend it as needed. [Persons entitled to apply to be registered as Citizens] (1) Any person who -- (a) has attained the age of twenty-one years; or 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. by Arvind Kumar, Preserve Articles. Such procedures often involve a two-thirds vote in parliament, popular vote by the people or ratification through a referendum. At times, amendments are extremely necessary. It easily safeguards the traditions of a country. A presidential constitution is, in which all administrative powers are vest by the president of the country. A true democratic government must be a government made up of the generality or representatives of the people. This will go a long way to help you understand the differences as we continue. The distinction between unitary and federal states, Judicial review outside the United States. The powers of the different tiers of the government are usually spelt out in legislative lists of the federal constitution. Rigid Constitutionis aconstitutionwhich stands above the other laws of the country, while flexible constitutions do not. This type of constitution may be amended just like any statute, with a simple majority of vote of the members of the parliament. 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. 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 . The United Kingdom's constitution is flexible, because any of its . what are the differences between rigid and flexible Constitution. This central body does not share its power but can delegate it to subordinate bodies such as local and regional governments. MUST READ: Are Lawyers liars? In this article I will clearly highlight the basic differences between a rigid and flexible constitution. If you have have been searching through the internet to know the differences between a rigid and flexible constitution, then you are in the right place. That is, constitutional procedures are not legal rules, but is accept by binding the British people. This could end up being done to satisfy the needs of those in power, completely disregarding the minorities. 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. In a flexible constitution there is no distinction between ordinary law and constitutional law. The federal constitution cannot be changed in the same way as the . Your email address will not be published. The laws reflect a nations historical continuity. Historical examples include Emperor Haile Selassie of Ethiopia, Czar Nicholas II of Russia, and the former Shah of Iran, Reza Palavi. However, the Constitution does not create clear-cut lines for which types of policy fall under each level of government. -air hunger; sighing-sorrow, shock, stress, and disappointment; take after breakup with mate or death of pet or relative to help deal with the grief more effectively -chronic grieving, sadness, loneliness-deep depression-claustrophobic fears; great insomnia remedy-over-reactive mental state, anxiety from loss; nervous personality 4. But good ?? A flexible constitution is easily adaptable to meet the changing social, economic and political needs and developments of a country. The constitution of 1946 was passew when the Westminster Style Parliamentary Constitution was enacted in the country. Today, we will discuss those different types of constitution. In a unitary system, the people only owe their allegiance to one central body of power. 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. There is a clear separation of powers among the executive, legislature, and judiciary. 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. The system allows economic, social, and political experimentation since power is shared across different states. The state is located in Southern Nigeria and borders Cameroon to the east. I enjoin you to seat calmly and read this work so that you will be able to grasp everything I will discuss here. Written constitution is not flexible in nature because of its complex amendment system. The bureaucracy in democracies leads to unnecessary delays in decision making. Although the amending process in the United States is difficult, it is easier than the process in other countries with rigid constitutions. You can learn more about how we use cookies by visiting our privacy policy page. A rigid constitution is likely to fail to cope with time and environment. A constitution also lays principles to protect the human rights of its citizens. The people can experience slow government response on matters such as defence and emergencies. Flexible and Rigid Constitution. All names, acronyms, logos and trademarks displayed on this website are those of their respective owners. The need to determine the meaning of the Constitution through the use of methods of constitutional interpretation and, perhaps, construction,6 is apparent from the text of the document itself.7 While several parts of the Constitution do not lend themselves to much debate about their Rigidity lends legitimacy to the constitution. Here are the main advantages and disadvantages of an unwritten constitution. However, a written constitution is not always rigid, but may be flexible and easy to amend. Also read: what are the different sources of constitution, There are FIVE different types of Constitution, are as follows:-. 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. Rigid and flexible constitutions. 2. But before I will move to the crux of this work, i would like to, first of all, describe a rigid and flexibile constitution. A flexible constitution may be an unwritten constitution, such as, the constitution of Britain and New Zealand. and. Here are the main pros and cons of a presidential constitution. Required fields are marked *. Democracies often have high levels of corruption since they are primarily based on electoral competition. It does not exist in one document but can be found in judicial decisions, conventions, and statutes. 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). Differences between a federal and unitary system of government, Why indirect rule was adopted in Africa during colonization, Characteristics of military rule in Nigeria. Indian Constitution is neither rigid nor flexible because, under Article 368, the Constitution can be amended by a simple majority or by the special majority and by the majority of not less than 2/3 members of each house. b. found in the Declaration of Independence. Written Constitution: A written constitution refers to when the whole body of fundamental law, customs, . Moreover, there are important aspects of the U.S. Constitution that are wholly unwritten. Bills passed by the countrys legislative arm need to undergo numerous processes before becoming law. Synthesis of Parliamentary Sovereignty and Judicial Supremacy 7. Constitution., The first Supreme Court was established by the: a. 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. process. Blend of Rigidity and Flexibility 4. It is not in one document, but can be found in various sources, such as statutes, conventions and judicial decisions. Also read: what is rule of law in constitution. In light of the above, a democratic constitution is a constitution that allows the people to choose their leaders by way of election, or to reject such leaders and their programmes, when they are no longer serving the interests of the the people. It is necessary to take quick decisions to deal with such emergencies. 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. 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 This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The president has sweeping powers, a factor that may give rise to patronage when they appoint their close friends to powerful positions. A flexible construction does not ensure political stability as a ruler, cabal or majority can amend the constitution to favour its interest. A presidential constitution is a type of constitution where all executive powers are vested in a president who is the head of state and head of government. Unlike the unitary system, the countrys power is shared among local, state, and federal bodies. You might want to see the problems of democracy here. Integrated and Independent Judiciary 9. It is unsuitable for a country premised on a federal system. It is very definite, removing any drawbacks that uncertainties can bring about. Such systems seem to work best in small nations and communities. At times, the country might find itself with a highly unqualified legislature. Save my name, email, and website in this browser for the next time I comment. On the other hand, a rigid constitution has elaborate, and at times cumbersome, procedures that govern any amendments. Thus, the principle of the rule of lawroughly the equivalent of the American due process principlehas been an essential element of the British constitution since approximately the late 17th century. 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. I will be glad to hear from you! A republican constitution is a type of constitution that provides for the position of an elected head of state for a fixed term of office who is usually known as President. "Rigid Constitution" by Wikipedia,CC BY-SA 3.0, "What are the Merits and Demerits of Rigid Constitution ?" Countries where this type of constitution is being practice, the head of state who conducts ceremonial events only. It is always recommended to visit an institution's official website for more information. Kindly take note of this. 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. 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. Written Constitution: . A parliamentary government is, in most cases, more responsible than a presidential government. (b) Constitutional Amendment requiring the direct involvment of the people through referendum. ALSO READ: Richest pastors in the world currently: Top 10. It protects the peoples rights through law and order. If the President proclaims an emergency for the whole or part of India under Article 352, the Parliament may be entitled . 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. Eventually, state-centred decisions overtake national interests. 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. Their sovereignty shall be expressed through their representatives elected in accordance with this Constitution and through their direct democratic Conventionally, a democratic government should reflect the peoples generality and must be created and installed by the people. Normative constitutions predominate in the United States, Australia, Canada, Japan, and the countries of western Europe, while nominal constitutions are common in countries ruled by a one-person or a one-party dictatorship or by a military junta. It provides for the formation of an expert government since those appointed to office do not necessarily have to be part of the legislature. The laws contained in it can be amended as simply as one would amend a statute, with a simple majority vote in parliament. A flexible constitution may be amended just like any statute with a simple majority of votes of the members of the parliament. See the truth as to whether lawyers are liars or not. Lachesis: This system works great for extremely large countries such as the USA and Australia. very frequent. Critics of this system argue that it results in more corruption since the justice system often overlooks the atrocities committed by royal families. 41 regulatory bodies in Nigeria and their functions. 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 British Constitution is an excellent example of an unwritten constitution. It results in flexibility since the prime minister can be easily ousted from power. The ruling class cannot use the constitution to further its narrow interest. However, most times a flexible constitution is written and it is usually in the form of a unitary constitution. The written constitution can be of three types rigid, flexible or the combination thereof. 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. 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 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). The law improves the overall quality of decision making. Most times, democracies turn into competitions for power play, completely disregarding morality. In contrast, the constitution of India extends to hundreds of pages. There are no elections costs in monarchs. While India is a blend of rigid and flexible constitution. 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