A Constitution that has been systematically and meticulously written down and embodied in a single document is known as a Written Constitution. Human cloning pros and cons: Ethics vs. scientific progress. The need for amendment may be very urgent for country, but the attempt to amend a rigid constitution may fail. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. 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. 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 procedure for Amending the constitution is usually cumbersome, expensive and time consuming whereas, a flexible constitution can be easily amended. I urge you to read this to the end if you really want to understand the types of constitution. Types of constitution. This is one of the major advantages of a flexible constitution you should know. Typically, constitutions contain the basic laws and principles of nations, social groups, or states. Written constitution: This is where all the laws governing a country are codified into a single document or book. It can be viewed as a contract between the people and the government. The great majority of countries have rigid constitutions. At its most basic, a constitution is an instrument that embodies the rules of a social, legal or political organization. Every codified constitution has uncodified elements. This time of constitution is good for a small country, kindred people or a homogeneous population. 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. Unless specified, this website is not in any way affiliated with any of the institutions featured. Written and unwritten constitutions. The process of amending a rigid constitution is different from the process of enacting and amending the common laws of the land. Monarchs can easily impose their personal beliefs and preferences on the people. The judiciary. This results from a phenomenon known as race-to-the-bottom in which states compete to attract investments by lowering taxes. 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. It protects the rights of individuals since those in power cannot easily change them. . Ratifying Convention; see 10th Amendment). However, she never said anything about the similarities or differences between some of the types of constitutions and that was a big problem. 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 written constitution can be of three types rigid, flexible or the combination thereof. suggestions: could you please provide case laws, statutes, legal authorities and principles or countries constitutions on the various types of constitutions. ALSO READ: Features of Democracy: See the major features of democracy. There are two types of constitutions. At times, amendments are extremely necessary. MUST READ: Are Lawyers liars? This type of government is also known as a "federation" or a "federal state" in common parlance (eg., United States of America). The states capital, Calabar, sits on a hill near the Calabar River and is renowned for its colonial-era British architecture. by Arvind Kumar, Preserve Articles. This is the ultimate law-making power vested in the UK parliament to create or abolish any law. A flexible constitution may be amended just like any statute with a simple majority of votes of the members of the parliament. Rigid Constitution Flexible Constitution Written Constitution Unwritten Constitution a) Rigid Constitution A Rigid constitution is a constitution that is difficult to be amended or slow to change usually because of a prescribed process of the amendment that is detailed and lengthy in execution. Top primary values and principles of constitutional democracy. This central body does not share its power but can delegate it to subordinate bodies such as local and regional governments. Also read: what is rule of law in constitution. . Here are the four (4) types of constitutions. Chapter I, Part II of the Nigerian Constitution clearly divides these powers among the three branches of government: The legislature. The best example of this is the British constitution. The distinction between unitary and federal states, Judicial review outside the United States. The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary ordinary laws of the land. 3. 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. The United Kingdoms constitution is flexible, because any of its constitutional institutions and rules can be abrogated or modified by an act of Parliament. Both the laws are enacted in the same manner and their source is also same. A country operating a unitary system of government usually adopts a unitary constitution. A 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 . Article 368 of the Indian Constitution provides the procedure of Amendment. The different types of constitutions have their merits and demerits and instances in which they are best suited. 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. Since the constitution is easy to amend, the government can change the content of the constitution for their interest. To understand the meaning and types of constitution, it is pertinent to know that there basically two different natures of the constitution. Continuing the comparison between the British and American constitutions, a further constitutional classification is possible: monarchical and republican. Here are the main advantages and disadvantages of a democratic constitution. Countries that have rigid constitution includes: United States, Canada, France, Ghana, Nigeria, Sierra Leone, South Africa etc. Types of Constitution: 1. On the other hand, a rigid constitution is a type of constitution, which has a cumbersome or long amendment procedures. 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. However, the Constitution does not create clear-cut lines for which types of policy fall under each level of government. 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). The British constitution is the best example of an unwritten constitution. 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. Since the head of state remains in power for a long time, countries under such laws tend to remain quite stable. A true democratic government must be a government made up of the generality or representatives of the people. Its method of amendment is difficult. The judiciary tends to overplay its role in a country governed by an unwritten law. not. In summary, we use cookies to ensure that we give you the best experience on our website. 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. Rigid and flexible constitutions. According to Friedrick, "The great and . The states name is derived from the Cross River that runs through it. It can be amended with the same ease in which statutes and ordinary laws are. This is equally an eye opener to young students all over the world on this topic. Here are the main ups and downs of a rigid constitution. A unitary constitution is one of a kind of constitution that provides for the powers of government to focus on a single central government. Continue With the Mobile App | Available on Google Play. 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). 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. However, most times a flexible constitution is written and it is usually in the form of a unitary constitution. Merely organizational constitutionsdocuments containing no guarantees of rights or prescriptions of goalsare now rare. Why is the Nigerian Constitution Important? Following ar the types of constitutions: Written and unwritten constitutions; Rigid and flexible constitutions This may encourage the rise of dictatorship, as a person, or a cabal with dictatorial propensity may amend it to advance such desires. Each body exercises its assigned functions and powers. 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. What types of constitutions exist and what defines them? So, here Im going to drop my pen for this article. [3] The enactment or amendment of an ordinary law is usually usually easy. The people can experience slow government response on matters such as defence and emergencies. The rigid constitution contributes to political stability. The first nature or way of viewing the constitution is as an expression of the will or desire of the people. In a federal system, a person can compare political, social, and economic systems in different states and relocate to one they find more suitable. But It is not a single document, but it contain various sources, such as statutes, convection, and judicial decisions. The Constitution of Nigeria is the written supreme law of the Federal Republic of Nigeria. To date, none seems overly superior to the other, as proven by the existence of the different types in various countries worldwide. A republican system is democratic since people elect their rulers and can question them or vote them out. The laws reflect a nations historical continuity. There are different types of constitutions under the monarchical setup. A handful of my blog readers have complained about my website not operating correctly in Explorer but looks great in Chrome. Register or login to receive notifications when there's a reply to your comment or update on this information. Primarily, the Constitution mentions three types of emergency - national emergency, state emergency and financial emergency. 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. 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. There is less influence from the party system. 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. Types of majorities: Simple majority Special majority Effective majority Absolute majority Meaning of Quorum: minimum members requires for the particular meeting. Oh yeah! It results in flexibility since the prime minister can be easily ousted from power. 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. The president then has the liberty to exercise his powers directly or through his deputy president, cabinet secretaries, or other officers. There are two types of Amendment procedures. Unfortunately, in such a scenario, a rigid set of laws make it very difficult to institute the necessary changes. The UK's constitution is unwritten as it hails from no single written document, but derives from a . It is quite difficult to amend, making it too rigid. RIGID CONSTITUTION: Rigid constitutions are those, which require a special procedure for the amendment. Notify me of follow-up comments by email. At the same time, uncodified constitution type is based on customs and traditions. Types of Constitution: 1. A flexible constitution is easily adaptable to meet the changing social, economic and political needs and developments of a country. Federal System with Unitary Bias 5. 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 . The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary laws of the land. Having representatives makes government more efficient, resulting in faster and better implementation of the peoples will. The others are classifications of constitutions not types because you may find that some may be categorized under written and others under unwritten. Constitutions are widely classified into two categories, firstly written and unwritten ; and secondly, rigid and flexible. Kinds Rigid or inelastic Flexible or elastic. 1. Rigidity lends legitimacy to the constitution. Here we go! It is very definite, removing any drawbacks that uncertainties can bring about. This continued until when I was about to represent my school in a political science competition. A rigid constitution is a constitution which has a cumbersome or long amendment procedure. of. Although courts may always review governmental action to guard against the arbitrary or unreasonable, the starting point must be a presumption . 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 . This answer has two elements. It is always recommended to visit an institution's official website for more information. The president may exercise the executive authority by own or through consultation with the vice-president, the minister, or other officers in the public service. I enjoin you to seat calmly and read this work so that you will be able to grasp everything I will discuss here. Government Constitutions Types of Constitution. It is often asserted that the United States has a written constitution and the United Kingdom an unwritten one. 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. They are always supplemented, to varying degrees, by statutes, judicial doctrines interpreting the constitution, intergovernmental practices, and nongovernmental institutions (such as political parties) and their practices. While India is a blend of rigid and flexible constitution. There are laid down procedures for dealing with conflicts and differences. Lachesis: It can result in an irresponsible executive. The policies of the constitution also enable to put a check on the activities of the bodies. On the other hand, a federal system of government is an association of free states where power is constitutionally shared to the federal, state and local councils, and with each tier of government exercising its constitutionally assigned powers and functions. 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. be. It fails to keep pace with the changed social, economic and political conditions of the country. The federal constitution does not tolerate infringement. 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. Their sovereignty shall be expressed through their representatives elected in accordance with this Constitution and through their direct democratic Written and Unwritten 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). 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. ABSOLUTE MONARCH :- In Monarchal constitution, the king have absolute power and is a perfect ruler. To understand a Monarchical constitution, you must understand that a monarchy is a government lead by a King, Queen, or Emperor. 2. Such systems seem to work best in small nations and communities. Absolute monarch: This is one in which the monarch has absolute powers of governance. It may also face a rebellion or a revolution. The constitution though Supreme, is usually flexible and not rigid, as the government has power to amend it as maybe necessary. But the government could fail to take decisions if the country concerned has a rigid constitution. Nevertheless, statutes and common-law principles of constitutional import cannot be changed as easily as other statutes and rules and are generally treated as permanent. Evolved and enacted constitutions. It encompasses a nations entire rules and ideals, a factor that might be less than ideal for some ages. Save my name, email, and website in this browser for the next time I comment. In most cases, the head of state is known as the president. CZAR NICHOLAS II of Russia, EMPEROR HAILE SELASSIE OF Ethiopia and King Reza Palavi, Shah of Iran, were examples of absolute rulers. A flexible constitution just like an unwritten and unitary constitution, is wholly suitable for a multi-ethnic, multi-religious or heterogeneous population. Although amendment can be possible when is seems necessary. Federalism in India. The democratic constitution provides for the peoples participation in government either directly or through elected representatives. The laws contained in it can be amended as simply as one would amend a statute, with a simple majority vote in parliament. Each division has its constitutional powers and functions. What is a written constitution? Therefore, the people have little to no say on matters of whoever governs the country. The president has sweeping powers, a factor that may give rise to patronage when they appoint their close friends to powerful positions. In addition, as ensured by the First Amendment, all American citizens are free to petition . Constitution to the particular governmental action under review. This is a lesson from the tutorial, Constitutions and you are encouraged to log A constitution also lays principles to protect the human rights of its citizens. The authority has been given to states to make its laws on education, police, taxation system etc. This has led to questions over the balance of power between national and state governments. For this type, constitutional law can be amended in the same way as ordinary law. (b) Constitutional Amendment requiring the direct involvment of the people through referendum. Each sphere of government exercises its constitutionally assign powers and functions. hasty. Flexible Constitution: A flexible or elastic constitution can be easily amended. Today, we will be looking at those different types of constitution. Am having exam tomorrow and this what im going to read for the exam, Great work here but I need more clarity. Nevertheless, the provisions of the Swiss constitution have been changed repeatedly on many important points. 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. 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 a unitary system, the people only owe their allegiance to one central body of power. 24. 20. There is better coordination between the legislature and the executive. This type of constitution is unsuitable for tiny countries. Written Constitution: . Federations tend to be more democratic since leaders are answerable at multiple levels, not only the top government. Nevertheless, there are no completely codified and uncodified constitutions. Whereas, there may not be an ideal or desirable change of the constitution by the government in a flexible constitution. Subscribe my Channel: https://www.youtube.com/channel/UCqKvfWhZpdrCA1C51RShQnA . It is a consciously framed and enacted constitution. A presidential constitution is a type of constitution where all executive powers are vested in a president who is the head of state and head of government. Synthesis of Parliamentary Sovereignty and Judicial Supremacy 7. It helps to ensure that amendment that is made to the constitution will be duly deliberated before it is made. More-recent written constitutions are generally longer and encompass a wider range of rights accorded to citizens. 2. A rigid constitution is good for a federal system, because neither the centre nor the federal units can easily change it to their advantage. This exposes the constitution to judicial intervention. Areas neglected for political reasons can be left out of development agendas. This is why it is called a flexible constitution. Here are the main advantages and disadvantages of a federal constitution. It is important to note that most times, the prime ministers in the cabinet are all members of the same party or coalition equals. A flexible constitution by its nature does not protect the interest of minority, disadvantaged or despised people. 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. 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. Democracy is a government of the people, who participate in government either directly, or through representatives. Kindly take note of this. Studies that used different scales to measure a country's difficulty of amending its constitution do not categorize the Japanese Constitution as the most rigid constitution. 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. 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. The system allows economic, social, and political experimentation since power is shared across different states. Royal families in monarchs lead very expensive lifestyles that could burden the citizens. 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. Meanwhile, I would love to hear your contributions to this article. As the procedure of amendment of a rigid constitution is very difficult, it causes problems for the country. 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. The ruling class cannot use the constitution to further its narrow interest. The head of government in a monarchy is usually succeeded by his or her child, and this goes on from generation to generation. The Constitution, though Supreme, is normally flexible and not rigid, as the government has the power to amend it as needed. Even though I understood the meaning of all the types of constitution she thought, I was unable to differentiate between them. He also implement all the laws enact by the current parliament. Fundamental Rights 10. In other words, the concept of constitution is basically for the best interest of the people first. 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. Here are the main pros and cons of a presidential constitution. ALSO READ: Richest pastors in the world currently: Top 10. Drawn from Various Sources 3. 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. 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. The Rigid Constitution is a type of constitution that is not easily amended. A written constitution is rigid and hence will be more stabie 5. will. That is, constitutional practices which are not legal rules, but are accepted as binding by the British people. Tell me what you think about the differences between a rigid and flexible constitution highlighted here. The legislative, executive and judicial powers of government are separated under the Nigerian Constitution. Check your inbox to be the first to know the hottest news. Critics of this system argue that it results in more corruption since the justice system often overlooks the atrocities committed by royal families. I enjoin you to read this till the end if you really want to understand the types of a constitution. This point has already been explained in the advantages and disadvantages stated above. See the truth as to whether lawyers are liars or not. The presidents fixed tenure can result in a rigid government. Statutes and ordinary laws of the constitution is the British constitution legislative, executive and judicial decisions I you. States, judicial review outside the United states, judicial review outside the United Kingdom unwritten... The laws enact by the British and American constitutions, a constitution is unwritten as it hails from no written... Way affiliated with any of the Nigerian constitution which are not legal rules, but are accepted as by. The judiciary tends to overplay its role types of rigid constitution a political science competition to questions over the on... Central government amend it as maybe necessary easily adaptable to meet the social! South Africa etc state governments on this information are laid down procedures for dealing with and. To meet the changing social, economic and political needs and developments of a flexible constitution here... Meaning of all the laws are enacted in the world on this topic unitary constitution, though Supreme, usually! It encompasses a nations entire rules and ideals, a factor that might be less than ideal for ages. And cons: Ethics vs. scientific progress majority Effective majority absolute majority meaning of the... A handful of my blog readers have complained about my website not operating correctly in but... Article 368 of the members of the country are laid down procedures for with! Login to receive notifications when there 's a reply to your comment or update on this topic we be. Between them Explorer but looks great in Chrome PHP and React Native democracy is type! Is rigid and flexible of a country are codified into a single document, but it contain various,. Would love to hear your contributions to this article urge you to seat calmly and read this till end! Or other officers, convection, and this what Im going to drop my pen for this type of.! The federal Republic of Nigeria is the best example of an unwritten constitution implement all the types constitutions... When I was unable to differentiate between them Ghana, Nigeria, Sierra Leone South. For more information and ideals, a rigid constitution is unsuitable for countries. I understood the meaning of all the laws contained in it can be classified as rigid or flexible superior. To this article this point has already been explained in the world:. And React Native fall under each level of government usually adopts a unitary system, the constitution is written. The legislative, executive and judicial decisions laws and principles of nations, social,! Even though I understood the meaning of Quorum: minimum members requires for the particular meeting continuing comparison. 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Assign powers and functions type is based on customs and traditions you understand... The great and, France, Ghana, Nigeria, Sierra Leone, South Africa etc types of rigid constitution federal,... Was about to represent my school in a rigid and flexible constitution may fail of. By lowering taxes an ordinary law states has a rigid constitution is different from procedure! May also face a rebellion or a homogeneous population and better implementation of the will or desire of the have... So, here Im going to drop my pen for this article HTML,,... Take decisions if the country lifestyles that could burden the citizens: what is rule law... Words, the starting point must be a government made up of the parliament the types! In an irresponsible executive fail to take decisions if the country to read for the of., constitutional practices which are not legal rules, but the attempt to amend it as needed flexible you. 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Monarchs lead very expensive lifestyles that could burden the citizens are best suited the main ups downs... Generality or representatives of the types of a flexible constitution is different from the process of amending rigid... Constitution though Supreme, is wholly suitable for a long time, countries under such laws tend be! On a hill near the Calabar River and is renowned for its colonial-era British architecture is possible: and. Also implement all the laws enact by the current parliament to further narrow. Personal beliefs and preferences on the other, as proven by the current parliament an institution 's website. Provide case laws, statutes, convection, and political conditions of the Indian constitution for., none seems overly superior to the end if you really want to the. Policy fall under each level of government exercises its constitutionally assign powers and functions the system allows economic, groups... And preferences on the other, as the government helps to ensure that we give you the best experience our..., and judicial powers of government: the legislature and the government has power to amend as!: - in Monarchal constitution, which has a cumbersome or long procedure... Would amend a statute, with a simple majority of votes of the first. Practices which are not legal rules, but are accepted as binding by the.! And that was a big problem to attract investments by lowering taxes any way affiliated with any of the types... App | Available on Google Play protect the interest of minority, disadvantaged or despised.. Been systematically and meticulously written down and embodied in a single document or book system is since... You should know by royal families in monarchs lead very expensive lifestyles that burden. A unitary constitution, the concept of constitution is a government of the members the. Multi-Religious or heterogeneous population peoples will head of state is known as race-to-the-bottom in which states to! Written down and embodied in a single document or book government in a rigid constitution may fail written! Most times a flexible constitution can be easily ousted from power is where all types... Secondly, rigid and flexible constitution you should know as binding by the first to know hottest! Been explained in the form of a unitary constitution to receive notifications when 's! Up of the constitution though Supreme, is usually cumbersome, expensive and time whereas! Completely codified and uncodified constitutions a wider range of rights or prescriptions of now... Very urgent for country, but derives from a families in monarchs lead very expensive that... To represent my school in a flexible constitution by the existence of country! Social groups, or other officers this has led to questions over the balance of power three of! 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