These instruments also determine the duties and powers of those in office and safeguard the rights of the people. Areas neglected for political reasons can be left out of development agendas. 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. Rigid: A federal constitution has the major legal authority than the other laws. There are laid down procedures for dealing with conflicts and differences. Warmly, 3. A handful of my blog readers have complained about my website not operating correctly in Explorer but looks great in Chrome. 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 does not exist in one document but can be found in judicial decisions, conventions, and statutes. Anyways, if you have any contribution or questions to ask on this topic, do no hesitate to send them using the comment section. In a unitary system, the people only owe their allegiance to one central body of power. Kindly take note of this. Save my name, email, and website in this browser for the next time I comment. It can easily result in administrative instability. Although courts may always review governmental action to guard against the arbitrary or unreasonable, the starting point must be a presumption . 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. 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. Under such a law, the judiciarys main role is only to see whether the law conforms to the provisions of the constitutions. Conventionally, a democratic government should reflect the peoples generality and must be created and installed by the people. It depends rather on the peoples attitude concerning the fundamental political values the legal system ought to honour. To understand the meaning and types of constitution, it is important to know that there are two kinds of constitution. But there is stability in government with a rigid constitution, since it cannot be easily changed to suit the interest of just one person. Each . Federalism is the distribution of power between the federal government and state governments. Rigid Constitution is a constitution which stands above the other laws of the country, while flexible constitutions do not. It is not in one document, but can be found in various sources, such as statutes, conventions and judicial decisions. The powers of the different tiers of the government are usually spelt out in legislative lists of the federal constitution. In contrast, the federal constitution provides different structure of government in national, state and local councils. At its most basic, a constitution is an instrument that embodies the rules of a social, legal or political organization. It is quite difficult to amend, making it too rigid. A flexible constitution is, which can be easily amend or change without a complicate process. Required fields are marked *. 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. Merits of Flexible Constitution. As it is partially written and not partially not written, the British Constitution is based on a number of practices or convection. Countries that have rigid constitution includes: United States, Canada, France, Ghana, Nigeria, Sierra Leone, South Africa etc. Legit.ng recently explore the 18 local governments in Nigerias Cross River State. In this type, the constitution may be written or mainly based on agreements. A person born in or outside Zambia after the commencement of this Constitution shall become a citizen of Zambia at the date of his birth if on that date at least one of his parents is a citizen of Zambia. Be the first to get hottest news from our Editor-in-Chief, Check your email and confirm your subscription. The rigid constitution, being precise and clear, discourages and combats arbitrary actions. Cookies are small files that are stored on your browser. Don't want to keep filling in name and email whenever you want to comment? 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. Subscribe my Channel: https://www.youtube.com/channel/UCqKvfWhZpdrCA1C51RShQnA . This is one of the major criticisms of a flexible constitution. But parliament can limit its law making power, as in the Human Rights Act; or devolve legislative power, as in the Scotland Act. 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). Flexible Constitution: A flexible or elastic constitution can be easily amended. Here are the main advantages and disadvantages of a republican constitution. In those days, my political science teacher used to take her time to explain everything to the class. 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. 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. This Constitution is an expression of their sovereignty. Critics of this system argue that it results in more corruption since the justice system often overlooks the atrocities committed by royal families. Only under rigid constitutions is it possible to establish institutional controls to ensure the conformity of legislation with the principles considered indispensable for the well-being of the community. Since the constitution is easy to amend, the government can change the content of the constitution for their interest. You can learn more about how we use cookies by visiting our privacy policy page. DISCLAIMER: This article is intended for general informational purposes only and does not address individual circumstances. 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. A rigid constitution is a constitution which has a cumbersome or long amendment procedure. Trust me; this is the major advantage of a written constitution. Since it is drawn after long and elaborate deliberations, this type of constitution is based on knowledge and experience and not emotions and hastily-made decisions. 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. 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. Here is a look at the different types of constitutions that exist in various nations worldwide. Written and Unwritten Constitution Drawn from Various Sources 3. He rules by divine sovereignty and his authority is not limited by the constitution. You are already subscribed to our newsletter! Bill of Rights b. Federalist Papers c. Federal Judiciary Act of 1789 d . 1. The system allows economic, social, and political experimentation since power is shared across different states. Democracy is a government of the people, who participate in government either directly, or through representatives. Such a constitution grows from years of experience and the political behaviour of people. 6. It may also face a rebellion or a revolution. Laws can be added or removed as necessary. This will go a long way to help you understand the differences as we continue. A flexible constitution is easily adaptable to meet the changing social, economic and political needs and developments of a country. Nevertheless, there are no completely codified and uncodified constitutions. It is unsuitable for a country premised on a federal system. 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. She would tell us the the advantages, disagreement, criticism and even problems of every type of constitution. 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. It does not share power with other organs in the country, but transfers power to provincial, local and other sub-government. Its method of amendment is difficult. I enjoin you to seat calmly and read this work so that you will be able to grasp everything I will discuss here. Unfortunately, in such a scenario, a rigid set of laws make it very difficult to institute the necessary changes. This system works great for extremely large countries such as the USA and Australia. The different types of constitutions have their merits and demerits and instances in which they are best suited. To understand a Monarchical constitution, you must understand that a monarchy is a government lead by a King, Queen, or Emperor. It protects the rights of the minority through judicial systems. A parliamentary government is, in most cases, more responsible than a presidential government. Historical examples include Emperor Haile Selassie of Ethiopia, Czar Nicholas II of Russia, and the former Shah of Iran, Reza Palavi. . The division of powers in this system hampers the potential rise of despotic rulers, protecting the peoples liberty. Unlike the unitary system, the countrys power is shared among local, state, and federal bodies. This is where I am going to drop my pen on this topic. A flexible constitution may be an unwritten constitution, such as, the constitution of Britain and New Zealand. What types of constitutions exist and what defines them? 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. 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. The system can result in significant economic disparities across states. Since the head of state remains in power for a long time, countries under such laws tend to remain quite stable. Rigid laws are unsuitable for progressive nations in which amendments happen frequently. Federalism is a type of government in which the sovereign authority of political power is usually divided between two units. In summary, we use cookies to ensure that we give you the best experience on our website. what are the differences between rigid and flexible Constitution. According to Friedrick, "The great and . But good ?? What do you know about the main top types of inflation? of. Also he holds limited powers. 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 monarchical constitution is actually a monarchy where the king succeed to his child or other heir from generations to generation or from one ruling house to another. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. Continue With the Mobile App | Available on Google Play. A rigid constitution is good for a federal system, because neither the centre nor the federal units can easily change it to their advantage. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. A country operating a unitary system of government usually adopts a unitary constitution. But the government could fail to take decisions if the country concerned has a rigid constitution. Required fields are marked *. It is not a substitute for professional advice or help and should not be relied on to make decisions of any kind. These natures are the two different ways from which the constitution can be viewed or understood. 24. 114-142 by Prof. G. W. Kanyeihamba ([emailprotected]). 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A country may encounter different kinds of disasters like earthquakes and cyclones. ALSO READ: Differences between a federal and unitary system of government. A rigid constitution brings about a stable government whereas, there is no stability in a flexible constitution. The others are classifications of constitutions not types because you may find that some may be categorized under written and others under unwritten. Save my name, email, and website in this browser for the next time I comment. It easily safeguards the traditions of a country. The ordinary person cannot refer to any particular document to understand governance. Here are the main pros and cons of a presidential constitution. This continued until when I was about to represent my school in a political science competition. For amending it, the legislature has to pass an amendment bill by a specific, usually big, majority of 2/3rd or 3/4th. 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. It can be amended only in special circumstances. MUST READ: Are Lawyers liars? 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 . Read Constitutional Law and Governance in Uganda pg. 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. Your browser seems to have Javascript disabled. An uwritten constitution is a type of constitution that is not contained in one single document. It is often asserted that the United States has a written constitution and the United Kingdom an unwritten one. 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. differences between a rigid and flexible constitution. I, Ch. This type of constitution can easily be tempered with and may change easily. 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. A rigid constitution is usually in writing or a written constitution. It results in flexibility since the prime minister can be easily ousted from power. For federal governments, a written constitution provides for the separation of central and federal power. It does not allay the fear of ethnic domination of the minority by the majority people or religion in a multi-ethnic country. Rigid constitution: it is the exact opposite of the flexible constitution. On the other hand, a flexible government is more suitable for a unitary system of government with a homogeneous population. Difference between written and unwritten constitution 2. A flexible constitution is one that can be easily changed or amended without the need for a cumbersome process. Republican Constitution is a constitution that provides the position of head of the state who is commonly known as President. Tell me what you think about the differences between a rigid and flexible constitution highlighted here. 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 procedure for amending or changing a rigid constitution is cumbersome and long. The federal constitution, is an free state organization with constitutionally assign powers in federal, state and local councils. The judiciary. Does the constitution provide for a separation of powers? Required fields are marked *. 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. In addition, even if the provisions of a rigid constitution remain unaltered, they often assume over time different meaning and scope, because formal constitutional provisions are subject to interpretation by the courts or by the legislature, the executive, and other institutional subjects. The powers of different form of government are often describe in the constitutional order of the organization. The procedure for amending a flexible constitution is not cumbersome, long expensive, time or energy consuming. A parliamentary constitution is, in which all the executive power of the state is vest by the Prime Minister. 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