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. 4 It prevents the autocratic exercise of powers by the government 5 It is ideal for a federation. This is equally an eye opener to young students all over the world on this topic. 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 . But good ?? 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. Reasons for underdevelopment in Nigeria and possible solutions. But It is not a single document, but it contain various sources, such as statutes, convection, and judicial decisions. 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). It is formulated and adopted by a constituent assembly or a council or a legislature. 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. 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. This is the ultimate law-making power vested in the UK parliament to create or abolish any law. 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). As the procedure of amendment of a rigid constitution is very difficult, it causes problems for the country. so that you can track your progress. This results from a phenomenon known as race-to-the-bottom in which states compete to attract investments by lowering taxes. Written and unwritten constitutions. In addition, as ensured by the First Amendment, all American citizens are free to petition . In a unitary constitution, all the powers of government are in center, as it is the only source of authority from which power flows. There are two types of monarchical constitution, are as follows:-. Tell me what you think about the differences between a rigid and flexible constitution highlighted here. One of the topics I loved so much during my secondary school days is the Types of constitution. 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. At its most basic, a constitution is an instrument that embodies the rules of a social, legal or political organization. The written constitution can be of three types rigid, flexible or the combination thereof. Like common law and customary law, an unwritten constitution grows from many years of practical experience and through human political approach. In addition to parliamentary majority, some . 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. 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. 3. 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 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). 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. A rigid constitution is a type of constitutional framework that is difficult to amend or change. Because the political values felt to be supreme by the dominant forces in a community have ultimate controlling influence, some European continental scholars have been prompted to call them the material constitution, at any given historical moment, of that community. The rigid constitution, being precise and clear, discourages and combats arbitrary actions. This continued until when I was about to represent my school in a political science competition. It is expensive, time and energy consuming for various legislature to amend the provision in question, or ratify the amendment and conduct a referendum for the people to affirm or approve the amendment under consideration. A rigid constitution is a constitution which has a cumbersome or long amendment procedure. Under a unitary system, most people look up to the government to initiate and implement development initiatives, a fact that could stifle local initiatives. However, the process of amending a rigid constitution may include a two-thirds majority vote of the members of the federal legislature, as well as a tow-thirds majority vote in two-thirds of the state legislatures in that country. It is not in one document, but can be found in various sources, such as statutes, conventions and judicial decisions. Primarily, the Constitution mentions three types of emergency - national emergency, state emergency and financial emergency. This may encourage the rise of dictatorship, as a person, or a cabal with dictatorial propensity may amend it to advance such desires. Answer (1 of 19): The Federal Constitution is where the power delegated to the Federal government is limited and defined, "This Constitution defines the extent of the powers of the general government." (Mass. Blend of Rigidity and Flexibility 4. In a unitary system, the people only owe their allegiance to one central body of power. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. 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. The word democracy is derived from a combination of two Greek words Demos meaning people, and kratia meaning rule or government. Kindly take note of this. These instruments also determine the duties and powers of those in office and safeguard the rights of the people. 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. thanks very much for the above submissions on constitution. by Arvind Kumar, Preserve Articles. 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. In other words, the concept of a constitution is to provide facility people. It can be amended only in special circumstances. Legit.ng recently explore the 18 local governments in Nigerias Cross River State. This continuity has been ensured by a broad consensus between the crown, political leaders, and citizens that such principles are crucial to the countrys constitutionnot by the existence of any institutional obstacles to changing them. This central body does not share its power but can delegate it to subordinate bodies such as local and regional governments. Although courts may always review governmental action to guard against the arbitrary or unreasonable, the starting point must be a presumption . The system is considerably cheaper to run since there are not many bodies that require funding from the central government. Each division has its constitutional powers and functions. b. found in the Declaration of Independence. It does not exist in one document but can be found in judicial decisions, conventions, and statutes. You might want to see the problems of democracy here. Under such a law, the judiciarys main role is only to see whether the law conforms to the provisions of the constitutions. rigid constitution noun : a constitution that is difficult or slow to change usually because of a prescribed process of amendment that is detailed and lengthy in execution Love words? 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. A rigid constitution refers to a type of constitutional system in which it is difficult to amend or change the provisions of the constitution. At times, amendments are extremely necessary. The president then has the liberty to exercise his powers directly or through his deputy president, cabinet secretaries, or other officers. Constitution., The first Supreme Court was established by the: a. You must there are over 200,000 words in our free online dictionary, but you are looking for one that's only in the Merriam-Webster Unabridged Dictionary. 2023: Why zoning, experience, others should be a factor in Akwa Ibom politics by Godwin Edoho. 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 . Anyways, if you have any contribution or questions to ask on this topic, do no hesitate to send them using the comment section. ALSO READ: Differences between a 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. For amending it, the legislature has to pass an amendment bill by a specific, usually big, majority of 2/3rd or 3/4th. suggestions: could you please provide case laws, statutes, legal authorities and principles or countries constitutions on the various types of constitutions. The state is located in Southern Nigeria and borders Cameroon to the east. The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary ordinary laws of the land. There can often be deadlocks between the legislature and the executive. It, therefore, leaves room for possible changes. On the other hand, a monarchical one provides for a government led by an emperor, king, or queen. Do you ever run into any web browser compatibility issues? A rigid constitution brings about a stable government whereas, there is no stability in a flexible constitution. On the other hand, a flexible government is more suitable for a unitary system of government with a homogeneous population. There are laid down procedures for dealing with conflicts and differences. 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. If you have have been searching through the internet to know the differences between a rigid and flexible constitution, then you are in the right place. Historical examples include Emperor Haile Selassie of Ethiopia, Czar Nicholas II of Russia, and the former Shah of Iran, Reza Palavi. The codified constitution is a set of laws created at a specific period of time. 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 is a consciously framed and enacted constitution. Your email address will not be published. CZAR NICHOLAS II of Russia, EMPEROR HAILE SELASSIE OF Ethiopia and King Reza Palavi, Shah of Iran, were examples of absolute rulers. It helps to ensure that amendment that is made to the constitution will be duly deliberated before it is made. The policies of the constitution also enable to put a check on the activities of the bodies. 114-142 by Prof. G. W. Kanyeihamba ([emailprotected]). 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. Great Britain is the solitary example of such a type of. For this type, constitutional law can be amended in the same way as ordinary law. The legislative, executive and judicial powers of government are separated under the Nigerian Constitution. He rules by divine sovereignty and his authority is not limited by the constitution. At times, the country might find itself with a highly unqualified legislature. 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. We literally have two types of constitutions and they are written and unwritten constitutions. 1. 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. Although the amending process in the United States is difficult, it is easier than the process in other countries with rigid constitutions. Critics of this system argue that it results in more corruption since the justice system often overlooks the atrocities committed by royal families. On the other hand, certain institutions of constitutional significance, including the system of political parties and judicial review of legislative and executive actions, are not mentioned in the written constitution. The presidents fixed tenure can result in a rigid government. 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 parliamentary government is, in most cases, more responsible than a presidential government. The British constitution is the best example of an unwritten constitution. Nevertheless, the provisions of the Swiss constitution have been changed repeatedly on many important points. Register or login to receive notifications when there's a reply to your comment or update on this information. -air hunger; sighing-sorrow, shock, stress, and disappointment; take after breakup with mate or death of pet or relative to help deal with the grief more effectively -chronic grieving, sadness, loneliness-deep depression-claustrophobic fears; great insomnia remedy-over-reactive mental state, anxiety from loss; nervous personality 4. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. More-recent written constitutions are generally longer and encompass a wider range of rights accorded to citizens. It can be amended with the same ease in which statutes and ordinary laws are. 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. Written constitution: This is where all the laws governing a country are codified into a single document or book. She would tell us the the advantages, disagreement, criticism and even problems of every type of constitution. \(\overset{\underset{\mathrm{def}}{}}{=} \). He is the head of government and the head of the majority party, but not the head of state. CONSTITUTION Article 8 Sovereignty of the people 1. Government Constitutions Types of Constitution. To understand the meaning and types of constitution, it is pertinent to know that there basically two different natures of the constitution. A flexible constitution is easily adaptable to meet the changing social, economic and political needs and developments of a country.