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. Here are the main pros and cons of a parliamentary constitution. This answer has two elements. Constitutional Law-I. It can be amended with the same ease in which statutes and ordinary laws are. It protects the rights of the minority through judicial systems. The Constitution is the creature of the State. This can result in improved national unity. The democratic constitution provides for the peoples participation in government either directly or through elected representatives. The need for amendment may be very urgent for country, but the attempt to amend a rigid constitution may fail. The first nature or way of viewing the constitution is as an expression of the will or desire of the people. Areas neglected for political reasons can be left out of development agendas. 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. Top 5 causes of the current religious crisis in Nigeria and possible solutions. However, a written constitution is not always rigid, but may be flexible and easy to amend. Am having exam tomorrow and this what im going to read for the exam, Great work here but I need more clarity. Written and Unwritten constitution. Types of Constitution: 1. [3] I urge you to read this to the end if you really want to understand the types of constitution. Each division has its constitutional powers and functions. It encompasses a nations entire rules and ideals, a factor that might be less than ideal for some ages. Types of majorities: Simple majority Special majority Effective majority Absolute majority Meaning of Quorum: minimum members requires for the particular meeting. A written constitution is rigid and hence will be more stabie 5. will. 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. Rigid Constitution Flexible Constitution Written Constitution Unwritten Constitution a) Rigid Constitution A Rigid constitution is a constitution that is difficult to be amended or slow to change usually because of a prescribed process of the amendment that is detailed and lengthy in execution. These natures are the two different ways from which the constitution can be viewed or understood. 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. Constitutional law in countries with flexible constitutions does not have to be unstable or constantly in flux. Drawn from Various Sources 3. The downside is that popular passion is influenced by emotion, not reason. This time of constitution is good for a small country, kindred people or a homogeneous population. 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 . In contrast, the constitution of India extends to hundreds of pages. It is said that such a constitution is not ideal for a democracy. One of the topics I loved so much during my secondary school days is the Types of constitution. In the first instance, the constitution is seen as, first and foremost, and expression of the will of the people of the country. The ordinary person cannot refer to any particular document to understand governance. Having representatives makes government more efficient, resulting in faster and better implementation of the peoples will. 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 Constitution refers to a system of laws and principles that act as a basis for governance in a country. In those days, my political science teacher used to take her time to explain everything to the class. 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). That's why it is very difficult to amend US constitution. Democracies often have high levels of corruption since they are primarily based on electoral competition. It is free from the perils of temporary popular passion. 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. 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. A Constitution that has been systematically and meticulously written down and embodied in a single document is known as a Written Constitution. Here are the main upsides and downsides of a monarchical constitution. 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. 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. The federal constitution, is an free state organization with constitutionally assign powers in federal, state and local councils. Unlike the unitary system, the countrys power is shared among local, state, and federal bodies. In other words, the concept of constitution is basically for the best interest of the people first. Written Constitution: . 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. Below are the advantages of a flexible constitution: A flexible constitution is usually easy to amend. What types of constitutions exist and what defines them? What do you know about the main top types of inflation? This system works great for extremely large countries such as the USA and Australia. In countries with low literacy levels and poor. Monarchs can easily impose their personal beliefs and preferences on the people. Countries that have rigid constitution includes: United States, Canada, France, Ghana, Nigeria, Sierra Leone, South Africa etc. 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. The law provides for the existence of numerous political parties. The word democracy is derived from a combination of two Greek words Demos meaning people, and kratia meaning rule or government. I, Ch. 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 an unwritten constitution, such as, the constitution of Britain and New Zealand. The procedure for amending or changing a rigid constitution is cumbersome and long. Since the monarch is not a politician, they can remain neutral on matters that otherwise cause divisions. Required fields are marked *. However, he is not the head of state. 2. According to Friedrick, "The great and . A codified constitution is a constitution that is contained in a single document, which is the single source of constitutional law in a state. CONSTITUTIONAL MONARCH :- This is a kind of constitutional Monarchy in which the monarchy is the head of a ceremonial empire and a symbol of a nation. Your email address will not be published. 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). Any action you take upon the information presented in this article is strictly at your own risk and responsibility! 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. Although amendment can be possible when is seems necessary. (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 different types of constitutions have their merits and demerits and instances in which they are best suited. This is why it is called a flexible constitution. 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. 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. Since the head of state remains in power for a long time, countries under such laws tend to remain quite stable. ALSO READ: How to become a successful lawyer: 7 Important Qualities. 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. There are different types of constitutions under the monarchical setup. 3. 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 results in flexibility since the prime minister can be easily ousted from power. Like common law and customary law, an unwritten constitution grows from many years of practical experience and from the political way of the people. 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 parliamentary constitution is, in which all the executive power of the state is vest by the Prime Minister. Top primary values and principles of constitutional democracy. A republican constitution is representative since leaders are elected through the will of the people. In this type, the constitution may be written or mainly based on agreements. An uwritten constitution is a type of constitution that is not contained in one single document. process. Save my name, email, and website in this browser for the next time I comment. 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. Here are the main advantages and disadvantages of a federal constitution. It can be amended only in special 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 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. This is the ultimate law-making power vested in the UK parliament to create or abolish any law. Continue With the Mobile App | Available on Google Play. In addition, this system recognizes a citizens right to exit a state. endments. 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. In todays article, i will be sharing with you the differences between a rigid and flexibile constitution. . very frequent. 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). Absolute monarch: This is one in which the monarch has absolute powers of governance. It will be nice to hear from you! Both the laws are enacted in the same manner and their source is also same. The federal constitution cannot be changed in the same way as the . 20. This continued until when I was about to represent my school in a political science competition. 3. 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. This type of constitution is partially written and partially oral. The process of amending a rigid constitution is different from the process of enacting and amending the common laws of the land. It has ability to change quickly in accordance with changes in the social and political environment of the society and the state. The rigid constitution contributes to political stability. You are already subscribed to our newsletter! 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. An unwritten constitution is not contained in a single document and can exist partly in word and partly in writing. 41 regulatory bodies in Nigeria and their functions. Also read: what are the different sources of constitution, There are FIVE different types of Constitution, are as follows:-. The Rigid Constitution is a type of constitution that is not easily amended. 6. Nevertheless, a rigid constitution does not by itself guarantee the stability and continuity of a countrys constitutional law. in or register, The codified constitution is a set of laws created at a specific period of time. In other words, the concept of a constitution is to provide facility people. A flexible construction does not ensure political stability as a ruler, cabal or majority can amend the constitution to favour its interest. The constitution though Supreme, is usually flexible and not rigid, as the government has power to amend it as maybe necessary. 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. But It is not a single document, but it contain various sources, such as statutes, convection, and judicial decisions. 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. Save my name, email, and website in this browser for the next time I comment. Now! To date, none seems overly superior to the other, as proven by the existence of the different types in various countries worldwide. This is one of the major advantages of a flexible constitution you should know. 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