The development of the material constitution is decisive in determining the retention or demiseas well as the actual meaning and scope in applicationof the principles and rules of the written constitution, whether the latter is rigid or flexible. Continue With the Mobile App | Available on Google Play. There is a clear separation of powers among the executive, legislature, and judiciary. It is the. Your email address will not be published. Bills passed by the countrys legislative arm need to undergo numerous processes before becoming law. Due to the ease of amendment, a flexible constitution may be amended hastily and unwisely for a selfish or sectional purpose. On the other hand, in rigid constitutions, people can easily feel that the current laws do not address their needs and turn to revolutions to get their way. This provision often results in highly contested elections, a potential trigger for violence and rebellion. This type of government is also known as a "federation" or a "federal state" in common parlance (eg., United States of America). It is always recommended to visit an institution's official website for more information. The future head of state is usually well prepared since they are prepared from birth. Flexible and Rigid Constitution. Republican Constitution is a constitution that provides the position of head of the state who is commonly known as President. In addition to parliamentary majority, some . This has led to questions over the balance of power between national and state governments. More-recent written constitutions are generally longer and encompass a wider range of rights accorded to citizens. 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. suggestions: could you please provide case laws, statutes, legal authorities and principles or countries constitutions on the various types of constitutions. One of the topics I loved so much during my secondary school days is the Types of constitution. This type of constitution can easily be tempered with and may change easily. It can be amended with the same ease in which statutes and ordinary laws are. This exposes the constitution to judicial intervention. On the other hand, the unwritten constitution evolves gradually as well as it is updated with a passage of time. The downside is that popular passion is influenced by emotion, not reason. From what we have discussed above, I strongly believe that you understand what a constitution is and you can explain the types of constitution to anyone. Do you ever run into any web browser compatibility issues? A rigid constitution does not easily meet the dynamic social, economic and political needs and development of people especially where it does not have an active, visionary and progressive judiciary that will liberally interpret the constitution to accommodate and meet the constantly changing needs of the country and its people. This article is licensed under a CC BY-NC-SA 4.0 license. This is the ultimate law-making power vested in the UK parliament to create or abolish any law. The written constitution can be of three types rigid, flexible or the combination thereof. A republican constitution is representative since leaders are elected through the will of the people. That's why it is very difficult to amend US constitution. An uwritten constitution is a type of constitution that is not contained in one single document. It has been criticized as being vague and indefinite. 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 . The constitution of 1946 was passew when the Westminster Style Parliamentary Constitution was enacted in the country. We literally have two types of constitutions and they are written and unwritten constitutions. 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). 24. It is important to note that most times, the prime ministers in the cabinet are all members of the same party or coalition equals. Reasons for underdevelopment in Nigeria and possible solutions. A. V. Diceydefines a rigid constitution as one under which certain laws, calledconstitutional lawsorfundamental lawscannot be changed in the same manner as ordinary laws. A rigid constitution set forth specific legal/constitutional obstacles to be overcome before it may be amended, such as special approval of the people by referendum, a supermajority or special majority in thelegislature, or both. In the former, the monarch is the head of state, although in Britain"s case, the powers of the monarch are limited, and the Queen reigns in accordance with the constitution. A parliamentary constitution is, in which all the executive power of the state is vest by the Prime Minister. A country operating a unitary system of government usually adopts a unitary constitution. 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). Are Lawyers liars? c. outlined in The Federalist Papers, issue V d. found in Article 3 of the U.S. A flexible constitution by its nature does not protect the interest of minority, disadvantaged or despised people. That is, constitutional practices which are not legal rules, but are accepted as binding by the British people. Federations tend to be more democratic since leaders are answerable at multiple levels, not only the top government. This is where I am going to drop my pen on this topic. Rigid and flexible constitutions. ALSO READ: How to become a successful lawyer: 7 Important Qualities. A Monarchical constitution is actually a dynasty where the monarch is succeeded by his or her child or other heir from generation to generation or from one ruling house to another. It results in flexibility since the prime minister can be easily ousted from power. This type of constitution is partially written and partly oral. ALSO READ: Features of Democracy: See the major features of democracy. All sovereign power resides in the Nations, Nationalities and Peoples of Ethiopia. The federal constitution does not tolerate infringement. 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. A handful of my blog readers have complained about my website not operating correctly in Explorer but looks great in Chrome. One common way to amend the constitution is to increase the threshold of consent within parliament compared to ordinary legislature. This type of constitution is partially written and partially oral. It protects the peoples rights through law and order. In contrast, the constitution of India extends to hundreds of pages. 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. You can learn more about how we use cookies by visiting our privacy policy page. However, a written constitution is not always rigid, but may be flexible and easy to amend. Here are the main upsides and downsides of a monarchical constitution. The word democracy is derived from two Greek words, demos and kratia. The former means people while the latter means government or rule. This happens because all resources have to be mobilized by the national government. Article 6. The judiciary tends to overplay its role in a country governed by an unwritten law. The laws are accommodative to cultural and economic differences across different states. If the President proclaims an emergency for the whole or part of India under Article 352, the Parliament may be entitled . Difference between rigid and flexible constitution Previous Post Sources of the Indian Constitution 2023: Why zoning, experience, others should be a factor in Akwa Ibom politics by Godwin Edoho. Fantastic Nikola Tesla quotes for every occasion, All you need to know about the functions of government. To a certain extent interpretation inevitably involves adaptation of the letter of the law to societal changes. It can be amended only in special circumstances. 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 There can often be deadlocks between the legislature and the executive. 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. However, most times a flexible constitution is written and it is usually in the form of a unitary constitution. Kinds Rigid or inelastic Flexible or elastic. Types of majorities: Simple majority Special majority Effective majority Absolute majority Meaning of Quorum: minimum members requires for the particular meeting. The great majority of countries have rigid constitutions. This system works great for extremely large countries such as the USA and Australia. Top 5 causes of the current religious crisis in Nigeria and possible solutions. (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.) Rigid Constitutionis aconstitutionwhich stands above the other laws of the country, while flexible constitutions do not. A rigid constitution is good for a federal system, because neither the centre nor the federal units can easily change it to their advantage. Instead of a 50% + 1 majority, a 2/3, 3/5 or 3/4 majority is required. In a unitary constitution, all the powers of government are in center, as it is the only source of authority from which power flows. what are the differences between rigid and flexible Constitution. 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. It is formulated and adopted by a constituent assembly or a council or a legislature. Democracies tend to be more accountable to the people. Thus, the commerce and due process clauses of the U.S. Constitution do not have the same legal implications today as they did in the 19th century. Below are the differences between a rigid and flexible constitution: How to answer law problem questions using IRAC method, Most populated universities in Nigeria 2020, Best education websites in Nigeria: Top 10, List of political parties in Nigeria since the first republic. A rigid constitution cannot be easily amended. Integrated and Independent Judiciary 9. But parliament can limit its law making power, as in the Human Rights Act; or devolve legislative power, as in the Scotland Act. Rigid Constitution A rigid constitution may be defined as that constitution which cannot be amended or changed so easily because of its special stringent and cumbersome procedures of amendment. On the other hand, a rigid constitution is a type of constitution, which has a cumbersome or long amendment procedures. A presidential constitution is, in which all administrative powers are vest by the president of the country. In other words, the concept of a constitution is to provide facility people. The law provides for the existence of numerous political parties. 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. The British Constitution is an excellent example of an unwritten constitution. If our SA president can spread conspiracies and provoke other nations on Twitter,which section of the constitution would he had violated? Does the constitution provide for a separation of powers? A rigid constitution protects the fundamental rights of the individual. At times, the country might find itself with a highly unqualified legislature. 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. [1] [2] Nigeria has had many constitutions. A flexible constitution may be an unwritten constitution, such as, the constitution of Britain and New Zealand. See the truth as to whether lawyers are liars or not. The Constitution, though Supreme, is normally flexible and not rigid, as the government has the power to amend it as needed. Uncodified and codified are they among types of constitution, Pls provide case laws and authorities backing this types of constitution. [3] Here are the main advantages and disadvantages of a federal constitution. There is better coordination between the legislature and the executive. In countries where this type of constitution is practiced, the head of state who exercises only ceremonial functions may be a monarch, or a president, who is the figure head, symbol of the state and the Father or mother of the nation as the case may be. Law and order as it is very difficult to amend the constitution provide for a separation of powers the! 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