Each . This central body does not share its power but can delegate it to subordinate bodies such as local and regional governments. The President of India has the authority to proclaim an emergency under Articles 352, 356 and 360. A rigid constitution is usually in writing or a written constitution whereas, a flexible constitution may be in written or unwritten form. Here are the main pros and cons of a unitary constitution. Method 1: Congress Proposes an Amendment. Types of constitution. ABSOLUTE MONARCH :- In Monarchal constitution, the king have absolute power and is a perfect ruler. 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 The Rigid Constitution is a type of constitution that is not easily amended. 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). The system allows economic, social, and political experimentation since power is shared across different states. This answer has two elements. According to Friedrick, "The great and . Following ar the types of constitutions: Written and unwritten constitutions; Rigid and flexible constitutions It means that the sovereign unit (Centre) and local units . be. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. 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 . These instruments also determine the duties and powers of those in office and safeguard the rights of the people. Drawn from Various Sources 3. It has been criticized as being vague and indefinite. Parliamentary Form of Government 6. There are two types of Amendment procedures. Moreover, the document is premised on the idea that there can never be a perfect set of laws applicable at all times. Like common law and customary law, an unwritten constitution grows from many years of practical experience and through human political approach. You can learn more about how we use cookies by visiting our privacy policy page. It easily safeguards the traditions of a country. Chapter I, Part II of the Nigerian Constitution clearly divides these powers among the three branches of government: The legislature. As with other different aspects that define nations, there are various types of constitutions in different parts of the world. Development tends to be even across the entire nation since the central government is responsible for developing every part of the country. If our SA president can spread conspiracies and provoke other nations on Twitter,which section of the constitution would he had violated? Your email address will not be published. There is less influence from the party system. Historical examples include Emperor Haile Selassie of Ethiopia, Czar Nicholas II of Russia, and the former Shah of Iran, Reza Palavi. On the other hand, a written constitution is a type of constitution that is contained in a single document and can be easily procured and consulted on any issue covered by it. A flexible constitution is a dangerous and fearful foundation to build a country that has a diverse population. Please clarify this, I am really much obliged comrade for the information rendered about the types of constitutions but my colleague seems to be right. It must also be a government formed and installed by the people. 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. Notify me of follow-up comments by email. More-recent written constitutions are generally longer and encompass a wider range of rights accorded to citizens. 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. This kind of constitution can amend like any other law, by a simple vote of the members of parliament. Its current form was enacted on 29 May 1999 and inaugurated the Fourth Nigerian Republic. Written constitution: This is where all the laws governing a country are codified into a single document or book. All names, acronyms, logos and trademarks displayed on this website are those of their respective owners. 1. 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. It safeguards peoples rights against legislative encroachment. It is unlike a rigid constitution. Under this scheme there are two types of constitution.-flexible and rigid. Absolute monarch: This is one in which the monarch has absolute powers of governance. But the government could fail to take decisions if the country concerned has a rigid constitution. It is premised on stability and performance. She would tell us the the advantages, disagreement, criticism and even problems of every type of constitution. The enactment or amendment of an ordinary law is usually usually easy. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. This type of constitution may be amended just like any statute, with a simple majority of vote of the members of the parliament. The cumbersome procedure of a rigid constitution and the unwillingness of the majority or other sections of the country to join in the effort to amen the constitution to assuage the feelings of people or section of the country who feel marginalized may lead to the rise of various ethnic militia, separate movement and so forth, which may lead to commotion, military take over and so forth, that may result in the constitution being jettisoned as a whole and another one being adopted at a furture date in the replacement of it, with a view to correct the fault which could not be corrected in the earlier one. 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. The law improves the overall quality of decision making. This is why it is called a flexible constitution. In other words, the concept of a constitution is to provide facility people. The process of amending a rigid constitution is different from the process of enacting and amending the common laws of the land. Constitutional Law-I. There are two types of constitutions. As a result, the legislature cannot blame the executive for the non-implementation of the nations policies. 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 rigid constitution contributes to political stability. He may be the king, president, chief, the emblem of the state and the Father or mother of the nation. The United Kingdoms constitution is flexible, because any of its constitutional institutions and rules can be abrogated or modified by an act of Parliament. At times, the country might find itself with a highly unqualified legislature. 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. The system is not very stable since the prime minister does not have a fixed term. This is the ultimate law-making power vested in the UK parliament to create or abolish any law. 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. Trust me; this is the major advantage of a written constitution. 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). A Rigid constitution, is a type of constitution, which takes long processes of amendment. Here are the main ups and downs of a flexible 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. If the President proclaims an emergency for the whole or part of India under Article 352, the Parliament may be entitled . A flexible constitution just like an unwritten and unitary constitution, is wholly suitable for a multi-ethnic, multi-religious or heterogeneous population. so that you can track your progress. As the procedure of amendment of a rigid constitution is very difficult, it causes problems for the country. endments. The laws reflect a nations historical continuity. In a unitary constitution, all the powers of government are in center, as it is the only source of authority from which power flows. Its method of amendment is difficult. One common way to amend the constitution is to increase the threshold of consent within parliament compared to ordinary legislature. Federations tend to be more democratic since leaders are answerable at multiple levels, not only the top government. A rigid constitution protects minority peoples and other disadvantaged groups. Each division has its constitutional powers and functions. In addition, as ensured by the First Amendment, all American citizens are free to petition . Anyways, if you have any contribution or questions to ask on this topic, do no hesitate to send them using the comment section. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); What are the different types of Constitution, on What are the different types of Constitution. 2. There is no democracy in a monarch since the head of state is not elected. A Constitution refers to a system of laws and principles that act as a basis for governance in a country. 2. Since the head of state remains in power for a long time, countries under such laws tend to remain quite stable. Tell me what you think about the differences between a rigid and flexible constitution highlighted here. However, a written constitution is not always rigid, but may be flexible and easy to amend. 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. The democratic constitution provides for the peoples participation in government either directly or through elected representatives. Constitution to the particular governmental action under review. There are different types of constitutions under the monarchical setup. The best example of this is the British constitution. It is very definite, removing any drawbacks that uncertainties can bring about. Rigid Constitutionis aconstitutionwhich stands above the other laws of the country, while flexible constitutions do not. With what I have discussed so far, I am sure you have been able to pick points some of the differences between a rigid and flexible construction already. Cookies are small files that are stored on your browser. It allays the fear of ethnic domination by majority people in multi-ethnic country like Nigeria because guarantees, such as the fundamental human rights, federal character and so forth, which have been enshrined in the constitution for the protection of the minorities, cannot be easily amended and thrown away to their detriment. The codified constitution is a set of laws created at a specific period of time. There is a clear separation of powers among the executive, legislature, and judiciary. thanks very much for the above submissions on constitution. 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