The laws contained in it can be amended as simply as one would amend a statute, with a simple majority vote in parliament. I enjoin you to seat calmly and read this work so that you will be able to grasp everything I will discuss here. He also implement all the laws enact by the current parliament. Each sphere of government exercises its constitutionally assign powers and functions. The first nature of the constitution is consider as the expression of the democracy of the country. So, here Im going to drop my pen for this article. 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 bureaucracy in democracies leads to unnecessary delays in decision making. [Persons entitled to apply to be registered as Citizens] (1) Any person who -- (a) has attained the age of twenty-one years; or At times, unwritten laws can result in considerable instability. It is the. The laws reflect a nations historical continuity. Royal families in monarchs lead very expensive lifestyles that could burden the citizens. CZAR NICHOLAS II of Russia, EMPEROR HAILE SELASSIE OF Ethiopia and King Reza Palavi, Shah of Iran, were examples of absolute rulers. Although amendment can be possible when is seems necessary. This first set of constitutions was passed in the following years: 1914, 1922, 1946, 1951 and 1954. Save my name, email, and website in this browser for the next time I comment. Human cloning pros and cons: Ethics vs. scientific progress. 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. Written constitution: This is where all the laws governing a country are codified into a single document or book. The President of India has the authority to proclaim an emergency under Articles 352, 356 and 360. 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. There lacks a true separation of power in this system. 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. Conventionally, a democratic government should reflect the peoples generality and must be created and installed by the people. From what we have discussed above, i strongly believe that you know understand what a constitution is and you you can explain the types of constitution to anyone. 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). A flexible construction does not ensure political stability as a ruler, cabal or majority can amend the constitution to favour its interest. Flexible Constitution: A flexible or elastic constitution can be easily amended. 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. In other words, the concept of a constitution is to provide facility people. It protects the peoples rights through law and order. Rigid Constitutionis aconstitutionwhich stands above the other laws of the country, while flexible constitutions do not. Your email address will not be published. Register or login to receive notifications when there's a reply to your comment or update on this information. It ensure political stability of the country because, no section can single handedly amend the constitution to its own favour. by Arvind Kumar, Preserve Articles. The judiciary. In those days, my political science teacher used to take her time to explain everything to the class. A flexible constitution may be amended just like any statute with a simple majority of votes of the members of the parliament. 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 . There is less influence from the party system. The law provides for the existence of numerous political parties. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); I really admires and likes all your lessons because it teaches real source. The authority has been given to states to make its laws on education, police, taxation system etc. A rigid constitution refers to a type of constitutional system in which it is difficult to amend or change the provisions of the constitution. I, Ch. 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. Your email address will not be published. Even though I understood the meaning of all the types of constitution she thought, I was unable to differentiate between them. ABSOLUTE MONARCH :- In Monarchal constitution, the king have absolute power and is a perfect ruler. Development tends to be even across the entire nation since the central government is responsible for developing every part of the country. Continuing the comparison between the British and American constitutions, a further constitutional classification is possible: monarchical and republican. 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. 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. A rigid constitution is good for a federal system, because neither the centre nor the federal units can easily change it to their advantage. ALSO READ: How to become a successful lawyer: 7 Important Qualities. What is a written constitution? In addition to parliamentary majority, some . 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. of. We use cookies and similar technologies to ensure our website works properly, personalize your browsing experience, analyze how you use our website, and deliver relevant ads to you. Rigid laws are unsuitable for progressive nations in which amendments happen frequently. However, the procedure for amending a rigid constitution may include an absolute majority. ALSO READ: Advantage and disadvantages of an unwritten constitution. It can easily result in administrative instability. 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 . If the President proclaims an emergency for the whole or part of India under Article 352, the Parliament may be entitled . The ordinary person cannot refer to any particular document to understand governance. Laws can be added or removed as necessary. 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. Drawn from Various Sources 3. "Rigid Constitution" by Wikipedia,CC BY-SA 3.0, "What are the Merits and Demerits of Rigid Constitution ?" I enjoin you to read this till the end if you really want to understand the types of a constitution. It protects the rights of the minority through judicial systems. A rigid constitution is suitable for a federal system of government. Anyways, if you have any contribution or questions to ask on this topic, do no hesitate to send them using the comment section. The distinction between unitary and federal states, Judicial review outside the United States. It fails to keep pace with the changed social, economic and political conditions of the country. However, most times a flexible constitution is written and it is usually in the form of a unitary constitution. To understand the Monarchical Constitution, you must understand that the monarchy is a government govern by a King, Queen, or Emperor. Under a unitary system, most people look up to the government to initiate and implement development initiatives, a fact that could stifle local initiatives. The system is not very stable since the prime minister does not have a fixed term. Resembling somewhat the latter class are those denominated by judge Jameson as ideal constitutions or those framed in the closets according to abstract ideas of moral . Unlike the unitary system, the countrys power is shared among local, state, and federal bodies. It depends rather on the peoples attitude concerning the fundamental political values the legal system ought to honour. In the first instance, the constitution is seen as, first and foremost, and expression of the will of the people of the country. The future head of state is usually well prepared since they are prepared from birth. A rigid constitution protects minority peoples and other disadvantaged groups. This constitution reserved effective power in the hands of the Governor-General and his appointed Executive Council. Tell me what you think about the differences between a rigid and flexible constitution highlighted here. It does not exist in one document but can be found in judicial decisions, conventions, and statutes. It easily safeguards the traditions of a country. Secondly, it can be seen as a social contract between the government as an entity and the people on the one hand. Therefore, the people have little to no say on matters of whoever governs the country. In a unitary constitution, all the powers of government are in center, as it is the only source of authority from which power flows. On the other hand, a federal one provides for an association of states in which power is shared. It must also be a government formed and installed by the people. The British constitution includes, for example, the Bill of Rights (1689), the Act of Settlement (1701), the Parliament Act of 1911, the successive Representation of the People Acts (which extended suffrage), the statutes dealing with the structure of the courts, and various local government acts. DISCLAIMER: This article is intended for general informational purposes only and does not address individual circumstances. The powers of different form of government are often describe in the constitutional order of the organization. It contains titles available in the ASCL Library and published in the past six years. Merely organizational constitutionsdocuments containing no guarantees of rights or prescriptions of goalsare now rare. It encompasses a nations entire rules and ideals, a factor that might be less than ideal for some ages. For this type, constitutional law can be amended in the same way as ordinary law. Such procedures often involve a two-thirds vote in parliament, popular vote by the people or ratification through a referendum. 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. Written Constitution: A written constitution refers to when the whole body of fundamental law, customs, . At the same time, uncodified constitution type is based on customs and traditions. 3. There can often be deadlocks between the legislature and the executive. Moreover, due to the cumbersome amendment procedures, the laws are less prone to changes resulting from peoples emotions. 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. 21. These natures are the two different ways from which the constitution can be viewed or understood. The powers of the president is to maintain the constitution and to apply all the laws made by the parliament for the time being in force. 24. Countries that have rigid constitution includes: United States, Canada, France, Ghana, Nigeria, Sierra Leone, South Africa etc. It has been criticized as being vague and indefinite. One common way to amend the constitution is to increase the threshold of consent within parliament compared to ordinary legislature. The head of government in a monarchy is usually succeeded by his or her child, and this goes on from generation to generation. The British constitution is the best example of an unwritten constitution. You are already subscribed to our newsletter! On the other hand, the unwritten constitution evolves gradually as well as it is updated with a passage of time. Here are the main ups and downs of a flexible constitution. Defects of Unwritten Constitutions :-Unwritten constitutions, like those of the rigid type, have elements of weakness. 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. The United Kingdom's constitution is flexible, because any of its . Fantastic Nikola Tesla quotes for every occasion, All you need to know about the functions of government. 20. Kinds Rigid or inelastic Flexible or elastic. Under this scheme there are two types of constitution.-flexible and rigid. It is among the most stable law structure and is best suited for an emergency period in a country. Whether long or short, written constitutions can concern themselves exclusively or prevalently with the organization of government or deal extensively also with the rights of the people and with the goals of governmental action. The states capital, Calabar, sits on a hill near the Calabar River and is renowned for its colonial-era British architecture. Unless specified, this website is not in any way affiliated with any of the institutions featured. The Constitution is the creature of the State. 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. This type of constitution is unsuitable for tiny countries. differences between a rigid and flexible constitution. A Constitution that has been systematically and meticulously written down and embodied in a single document is known as a Written Constitution. It results in flexibility since the prime minister can be easily ousted from power. Moreover, there are important aspects of the U.S. Constitution that are wholly unwritten. The others are classifications of constitutions not types because you may find that some may be categorized under written and others under unwritten. In a federal system, a person can compare political, social, and economic systems in different states and relocate to one they find more suitable. Parliamentary Form of Government 6. That's why it is very difficult to amend US constitution. 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. 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. Types Of Constitution 1. For example, theConstitution of Australia is rigid, while theBritish Constitutionand theIsraeli Constitutionare flexible. The Rigid Constitution is a type of constitution that is not easily amended. 1. This point has already been explained in the advantages and disadvantages stated above. Written and Unwritten Constitution 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. A true democratic government must be a government made up of the generality or representatives of the people. 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