A true democratic government must be a government made up of the generality or representatives of the people. The federal constitution does not tolerate infringement. Study with Quizlet and memorize flashcards containing terms like The framework for the federal judiciary is: a. based on common law. There is less influence from the party system. An uwritten constitution is a type of constitution that is not contained in one single document. On the other hand, a flexible government is more suitable for a unitary system of government with a homogeneous population. It cannot be misused by government having the support of simple majority in the national legislate. One common way to amend the constitution is to increase the threshold of consent within parliament compared to ordinary legislature. A presidential constitution is one in which all the executive powers are vested in the countrys president, who serves as the head of government and the head of state. 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. Save my name, email, and website in this browser for the next time I comment. The system is considerably cheaper to run since there are not many bodies that require funding from the central government. The federal constitution cannot be changed in the same way as the . The bureaucracy in democracies leads to unnecessary delays in decision making. The best example of this is the British constitution. Note: the strength of quorum in India is 1/10th of total members Simple majority: 50% +1 of members present and voting. For passing or amending an ordinary law, the . Nevertheless, a rigid constitution does not by itself guarantee the stability and continuity of a countrys constitutional law. The President of India has the authority to proclaim an emergency under Articles 352, 356 and 360. Constitution of India: Borrowed Features Following are the features of the Constitution borrowed from different countries: Features borrowed From the United Kingdom; Nominal Head - President. Oh yeah! Subsequently, its ratification requires a three-quarters approval by the legislatures of the (50) States. Democracy, therefore, loosely translates to the peoples rule. The US constitution is an exemplary rigid constitution, for a proposal of constitutional amendment requires a two-thirds majority vote in both Houses of the Congress: the House of Representatives (435 members) and the Senate (100 Senators). 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. However, the procedure for amending a rigid constitution may include a two third majority vote of members of the central government legislature, as well as a two-third majority vote in two-third of the state legislatures in such country, and sometimes ratification by the people in a referendum and so forth. Due to its overly flexible nature, the rules in this constitution keep on changing. 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. This Constitution is an expression of their sovereignty. MUST READ: Are Lawyers liars? Since a flexible constitution is very easy to amend, the constitution actually allows quick action to be taken in the interest of the nation in time of emergency. At times, the country might find itself with a highly unqualified legislature. 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 constitution of 1946 was passew when the Westminster Style Parliamentary Constitution was enacted in the country. On the other hand, a rigid constitution is a type of constitution, which has a cumbersome or long amendment procedures. Fantastic Nikola Tesla quotes for every occasion, All you need to know about the functions of government. The people can experience slow government response on matters such as defence and emergencies. The U.S. Constitution, at roughly 7,000 words, is a model of brevity, and many constitutions in Western countries are only slightly longer. 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. Nonetheless, I will still give you a comprehensive explanation of the differences between flexible and rigid constitution as we continue. 3. Typically, constitutions contain the basic laws and principles of nations, social groups, or states. A rigid constitution is good for a federal system, because neither the centre nor the federal units can easily change it to their advantage. Bills passed by the countrys legislative arm need to undergo numerous processes before becoming law. There are two types of constitutions. While they can be equipped with the necessary skills for many years, it does not necessarily mean that the person has the inborn will to lead people. This may lead to a revolution by people or a coup by the military. Required fields are marked *. 21. This means that any changes or modifications to the constitution must go through a strict and rigorous process, which can be lengthy and time-consuming. The word democracy is derived from a combination of two Greek words Demos meaning people, and kratia meaning rule or government. Primarily, the Constitution mentions three types of emergency - national emergency, state emergency and financial emergency. Merits of Flexible Constitution. Moreover, due to the cumbersome amendment procedures, the laws are less prone to changes resulting from peoples emotions. Your email address will not be published. A country may encounter different kinds of disasters like earthquakes and cyclones. The legislative, executive and judicial powers of government are separated under the Nigerian Constitution. A rigid constitution constitution where every arm of government is functioning maximally with checks and balances and not at the pleasure of executive, does not encourage the emergence of a dictator, because an individual, or cabal with dictatorial propensity cannot easily hoodwinked the legislature which represents the people. I enjoin you to seat calmly and read this work so that you will be able to grasp everything I will discuss here. Unless specified, this website is not in any way affiliated with any of the institutions featured. Its current form was enacted on 29 May 1999 and inaugurated the Fourth Nigerian Republic. thanks very much for the above submissions on constitution. It must also be a government formed and installed by the people. A written constitution is usually rigid in nature because of its cumbersome mode of amendment. However, the Constitution does not create clear-cut lines for which types of policy fall under each level of government. In a flexible constitution there is no distinction between ordinary law and constitutional law. In contrast, the constitution of India extends to hundreds of pages. Synthesis of Parliamentary Sovereignty and Judicial Supremacy 7. Absolute monarch: This is one in which the monarch has absolute powers of governance. That is, a government with a heterogeneous population. But the government could fail to take decisions if the country concerned has a rigid constitution. Subscribe my Channel: https://www.youtube.com/channel/UCqKvfWhZpdrCA1C51RShQnA . 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. Countries that have rigid constitution includes: United States, Canada, France, Ghana, Nigeria, Sierra Leone, South Africa etc. An unwritten constitution is not contained in a single document and can exist partly in word and partly in writing. Each division has its constitutional powers and functions. 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. Constitution to the particular governmental action under review. We're sorry, but in order to log in and use all the features of this website, you will need to enable JavaScript in your browser. 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." He is the head of government and the head of the majority party, but not the head of state. Federalism in India. Also read: what are the different sources of constitution, There are FIVE different types of Constitution, are as follows:-. ALSO READ: Richest pastors in the world currently: Top 10. More-recent written constitutions are generally longer and encompass a wider range of rights accorded to citizens. 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. In other words, the concept of a constitution is to provide facility people. Constitutions worldwide are categorized into different types on the basis of their physical form and the procedure laid down to make changes in them. Second nature is that it can be seen as a legal, social and political contract between government as a organization. The policies of the constitution also enable to put a check on the activities of the bodies. The need for amendment may be very urgent for country, but the attempt to amend a rigid constitution may fail. Cookies are small files that are stored on your browser. Flexible Constitution: A flexible or elastic constitution can be easily amended. He also implement all the laws enact by the current parliament. There is better coordination between the legislature and the executive. Not all monarchs are competent leaders. The future head of state is usually well prepared since they are prepared from birth. 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. This process results in unnecessary delays that do not exist in other forms of constitutions, such as monarchs. Register or login to make commenting easier. If the President proclaims an emergency for the whole or part of India under Article 352, the Parliament may be entitled . As a result, the legislature cannot blame the executive for the non-implementation of the nations policies. A rigid constitution allows for careful consideration before any amendment is made to the constitution. Be the first to get hottest news from our Editor-in-Chief, Check your email and confirm your subscription. There you have the major differences between a rigid and flexible constitution. The head of government in a monarchy is usually succeeded by his or her child, and this goes on from generation to generation. A handful of my blog readers have complained about my website not operating correctly in Explorer but looks great in Chrome. 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 Constitution that has been systematically and meticulously written down and embodied in a single document is known as a Written Constitution. In addition to parliamentary majority, some . A republican system is democratic since people elect their rulers and can question them or vote them out. 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. 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. 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. In a unitary constitution, all the powers of government are in center, as it is the only source of authority from which power flows. Read Constitutional Law and Governance in Uganda pg. Defects of Unwritten Constitutions :-Unwritten constitutions, like those of the rigid type, have elements of weakness. The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary laws of the land. Lachesis: 3. constitution. 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. Organizing and providing relevant educational content, resources and information for students. ADVERTISEMENTS: How many types of constitutions are there? Don't want to keep filling in name and email whenever you want to comment? This might result in the abandonment of more pressing issues, especially in highly progressive countries. The federal constitution, is an free state organization with constitutionally assign powers in federal, state and local councils. To understand a Monarchical constitution, you must understand that a monarchy is a government lead by a King, Queen, or Emperor. It can be amended with the same ease in which statutes and ordinary laws are. It may also face a rebellion or a revolution. Legit.ng recently explore the 18 local governments in Nigerias Cross River State. Unitary systems can easily evolve into dictatorships. Rigid: A federal constitution has the major legal authority than the other laws. 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. Your email address will not be published. Supremacy of Constitution: The central and state governments must obey the constitution. ABSOLUTE MONARCH :- In Monarchal constitution, the king have absolute power and is a perfect ruler. Under this scheme there are two types of constitution.-flexible and rigid. Since the constitution is easy to amend, the government can change the content of the constitution for their interest. 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. However, she never said anything about the similarities or differences between some of the types of constitutions and that was a big problem. At times, unwritten laws can result in considerable instability. At the same time, uncodified constitution type is based on customs and traditions. A written constitution is rigid and hence will be more stabie 5. will. 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. Laws can be added or removed as necessary. A parliamentary government is, in most cases, more responsible than a presidential government. Even though I understood the meaning of all the types of constitution she thought, I was unable to differentiate between them. 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 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). Here are the main ups and downs of a flexible constitution. If and when this attitude changes, the new viewpoint is likely to eventually make its way into the constitution, whether through the amending process and interpretation by the courts under a rigid constitution or through easier legislative procedures under a flexible constitution. 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. The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary ordinary laws of the land. 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. However, a written constitution is not always rigid, but may be flexible and easy to amend. There lacks a true separation of power in this system. and. This has led to questions over the balance of power between national and state governments. Here are the main advantages and disadvantages of a democratic constitution. Lengthiest Written Constitution 2. Joel Ivan, Thanks also I want to ask a question about functions of the constitution of the United republic of Tanzania of 1977 as ammended time to time, Explain classes of constitution Unfortunately, in such a scenario, a rigid set of laws make it very difficult to institute the necessary changes. Rigid laws are unsuitable for progressive nations in which amendments happen frequently. 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. Monarchs can easily impose their personal beliefs and preferences on the people. 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. 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