2. As the procedure of amendment of a rigid constitution is very difficult, it causes problems for the country. Save my name, email, and website in this browser for the next time I comment. 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. Absolute monarch: This is one in which the monarch has absolute powers of governance. The constitutions of USA, Australia and Switzerland are the example of a rigid constitution. Like common law and customary law, an unwritten constitution grows from many years of practical experience and from the political way of the people. 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. 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. 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. The Constitution, though Supreme, is normally flexible and not rigid, as the government has the power to amend it as needed. It is formulated and adopted by a constituent assembly or a council or a legislature. \(\overset{\underset{\mathrm{def}}{}}{=} \). There are actually two subdivision of a Monarchical constitution namely: Absolute monarch: This is a type of Monarchical constitution where the monarch has absolute powers and was and absolute ruler. This may encourage the rise of dictatorship, as a person, or a cabal with dictatorial propensity may amend it to advance such desires. A. V. Dicey defines a rigid constitution as one under which certain laws, called constitutional laws or fundamental laws "cannot be changed in the same manner as ordinary laws." In a federal system, a person can compare political, social, and economic systems in different states and relocate to one they find more suitable. Types of constitution. The rigid constitution contributes to political stability. The different types of constitutions have their merits and demerits and instances in which they are best suited. A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. Rigid: A federal constitution has the major legal authority than the other laws. The constitution though Supreme, is usually flexible and not rigid, as the government has power to amend it as maybe necessary. Organizing and providing relevant educational content, resources and information for students. He also implement all the laws enact by the current parliament. 3. Its current form was enacted on 29 May 1999 and inaugurated the Fourth Nigerian Republic. 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. Due to the ease of amendment, a flexible constitution may be amended hastily and unwisely for a selfish or sectional purpose. This has led to questions over the balance of power between national and state governments. A codified constitution is a constitution that is contained in a single document, which is the single source of constitutional law in a state. It has ability to change quickly in accordance with changes in the social and political environment of the society and the state. Having representatives makes government more efficient, resulting in faster and better implementation of the peoples will. At the same time, uncodified constitution type is based on customs and traditions. Note: the strength of quorum in India is 1/10th of total members Simple majority: 50% +1 of members present and voting. It is necessary to take quick decisions to deal with such emergencies. 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. Indeed, written constitutions can never exhaust the whole constitutional law of a state. 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. This kind of constitution can amend like any other law, by a simple vote of the members of parliament. 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. Merely organizational constitutionsdocuments containing no guarantees of rights or prescriptions of goalsare now rare. Why is the Nigerian Constitution Important? 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. This results from a phenomenon known as race-to-the-bottom in which states compete to attract investments by lowering taxes. A rigid constitution refers to a type of constitutional system in which it is difficult to amend or change the provisions of the constitution. 3. As a result, the legislature cannot blame the executive for the non-implementation of the nations policies. This type of constitution may be amended just like any statute, with a simple majority of vote of the members of the parliament. These kinds have two different ways in which the constitution can be understand. Although it can actually be amended when found necessary. Top primary values and principles of constitutional democracy. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. Since the constitution is easy to amend, the government can change the content of the constitution for their interest. Your email address will not be published. Rigid constitutions are those, which require a special procedure for the amendment. Even though I understood the meaning of all the types of constitution she thought, I was unable to differentiate between them. The procedure for amending a flexible constitution is not cumbersome, long expensive, time or energy consuming. . It contains titles available in the ASCL Library and published in the past six years. Rigid Constitutionis aconstitutionwhich stands above the other laws of the country, while flexible constitutions do not. 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. Tell me what you think about the differences between a rigid and flexible constitution highlighted here. 4 It prevents the autocratic exercise of powers by the government 5 It is ideal for a federation. We literally have two types of constitutions and they are written and unwritten constitutions. The codified constitution is a set of laws created at a specific period of time. A presidential constitution is one in which all the executive powers are vested in the countrys president, who serves as the head of government and the head of state. The state is located in Southern Nigeria and borders Cameroon to the east. Kinds Rigid or inelastic Flexible or elastic. ALSO READ: Advantage and disadvantages of an unwritten constitution. The best example of this is the British constitution. Conventionally, a democratic government should reflect the peoples generality and must be created and installed by the people. Rigid constitution: it is the exact opposite of the flexible constitution. Constitution to the particular governmental action under review. She would tell us the the advantages, disagreement, criticism and even problems of every type of constitution. A rigid constitution is one that cannot be easily . Types Of Constitution 1. 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. A rigid constitution is a constitution which has a cumbersome or long amendment procedure. This is where I am going to drop my pen on this topic. (b) Constitutional Amendment requiring the direct involvment of the people through referendum. This constitution reserved effective power in the hands of the Governor-General and his appointed Executive Council. A republican constitution provides for the position of a head of state, typically elected by the people for a fixed term in office. subjected. Here is a look at the different types of constitutions that exist in various nations worldwide. 2. 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). The written constitution can be of three types rigid, flexible or the combination thereof. So, here Im going to drop my pen for this article. A rigid constitution is usually in writing or a written constitution whereas, a flexible constitution may be in written or unwritten form. 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. He may be the king, president, chief, the emblem of the state and the Father or mother of the nation. Rule Of Law 8. The powers of different form of government are often describe in the constitutional order of the organization. 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. He rules by divine sovereignty and his authority is not limited by the constitution. Constitutional law in countries with flexible constitutions does not have to be unstable or constantly in flux. This time of constitution is good for a small country, kindred people or a homogeneous population. This makes it easier to adapt the laws to the peoples or countrys changing needs. Skinner v. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. 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. He is the head of government and the head of the majority party, but not the head of state. A rigid constitution is suitable for a federal system of government. 20. The constitution can be quite expensive to implement, especially when it comes to electing people into office. What types of constitutions exist and what defines them? This is a lesson from the tutorial, Constitutions and you are encouraged to log 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. At its most basic, a constitution is an instrument that embodies the rules of a social, legal or political organization. Here are the main upsides and downsides of a monarchical constitution. As it is partially written and not partially not written, the British Constitution is based on a number of practices or convection. Your email address will not be published. In contrast, the federal constitution provides different structure of government in national, state and local councils. The laws reflect a nations historical continuity. 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. This type of constitution is unsuitable for tiny countries. This point has already been explained in the advantages and disadvantages stated above. Primarily, the Constitution mentions three types of emergency - national emergency, state emergency and financial emergency. How many types of constitutions are there? It is not a substitute for professional advice or help and should not be relied on to make decisions of any kind. A parliamentary government is, in most cases, more responsible than a presidential government. -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. But before I will move to the crux of this work, i would like to, first of all, describe a rigid and flexibile constitution. Here are the main advantages and disadvantages of a written constitution. A rigid constitution brings about a stable government whereas, there is no stability in a flexible constitution. 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 system allows economic, social, and political experimentation since power is shared across different states. Are Lawyers liars? 24. It is always recommended to visit an institution's official website for more information. Trust me; this is the major advantage of a written constitution. This process results in unnecessary delays that do not exist in other forms of constitutions, such as monarchs. On the other hand, a monarchical one provides for a government led by an emperor, king, or queen. 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