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. There is a clear separation of powers among the executive, legislature, and judiciary. You can learn more about how we use cookies by visiting our privacy policy page. In other words, the concept of a constitution is to provide facility people. 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. Government Constitutions Types of Constitution. Anyways, if you have any contribution or questions to ask on this topic, do no hesitate to send them using the comment section. Republican Constitution is a constitution that provides the position of head of the state who is commonly known as President. It means that the sovereign unit (Centre) and local units . The Constitution of Nigeria is the written supreme law of the Federal Republic of Nigeria. For example, theConstitution of Australia is rigid, while theBritish Constitutionand theIsraeli Constitutionare flexible. A rigid constitution allows for careful consideration before any amendment is made to the constitution. When the amendment procedure is too simple, the laws can be overly influenced by popular passion. He rules by divine right and his powers were not limited by the constitution if any. DISCLAIMER: This article is intended for general informational purposes only and does not address individual circumstances. Under this scheme there are two types of constitution.-flexible and rigid. 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. 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. The laws are accommodative to cultural and economic differences across different states. On the other hand, a rigid constitution is a type of constitution, which has a cumbersome or long amendment procedures. Pros and cons of GMOs explained in detail. The British Constitution is an excellent example of an unwritten constitution. Warmly, The rigid constitution contributes to political stability. However, a written constitution is not always rigid, but may be flexible and easy to amend. It does not exist in one document but can be found in judicial decisions, conventions, and statutes. To a certain extent interpretation inevitably involves adaptation of the letter of the law to societal changes. It allows for extremely quick decision making. so that you can track your progress. We're sorry, but in order to log in and use all the features of this website, you will need to enable JavaScript in your browser. Now! As a result, the legislature cannot blame the executive for the non-implementation of the nations policies. The legislative, executive and judicial powers of government are separated under the Nigerian Constitution. Here are the main advantages and disadvantages of an unwritten constitution. Areas neglected for political reasons can be left out of development agendas. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); I really admires and likes all your lessons because it teaches real source. This provision often results in highly contested elections, a potential trigger for violence and rebellion. This time of constitution is good for a small country, kindred people or a homogeneous population. The system is not very stable since the prime minister does not have a fixed term. Register or login to make commenting easier. Rigid Constitution is a constitution which stands above the other laws of the country, while flexible constitutions do not. The system can result in significant economic disparities across states. A rigid constitution is one that cannot be easily . If the President proclaims an emergency for the whole or part of India under Article 352, the Parliament may be entitled . The enactment or amendment of an ordinary law is usually usually easy. Save my name, email, and website in this browser for the next time I comment. He may be the king, president, chief, the emblem of the state and the Father or mother of the nation. This is one of the major advantages of a flexible constitution you should know. This is especially true when people elect suitable leaders who represent their interests. Kinds Rigid or inelastic Flexible or elastic. 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 . The authority has been given to states to make its laws on education, police, taxation system etc. Like common law and customary law, an unwritten constitution grows from many years of practical experience and through human political approach. This could end up being done to satisfy the needs of those in power, completely disregarding the minorities. Unlike the unitary system, the countrys power is shared among local, state, and federal bodies. The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary ordinary laws of the land. The future head of state is usually well prepared since they are prepared from birth. It gets the respect of all as it cannot be easily abused. This might result in the abandonment of more pressing issues, especially in highly progressive countries. Written constitution is not flexible in nature because of its complex amendment system. On the other hand, a monarchical one provides for a government led by an emperor, king, or queen. This is why it is called a flexible constitution. The UK's constitution is unwritten as it hails from no single written document, but derives from a . Types of majorities: Simple majority Special majority Effective majority Absolute majority Meaning of Quorum: minimum members requires for the particular meeting. A flexible constitution is a constitution which can easily be amended or changed without a cumbersome procedure. Primarily, the Constitution mentions three types of emergency - national emergency, state emergency and financial emergency. That is, constitutional practices which are not legal rules, but are accepted as binding by the British people. To understand a Monarchical constitution, you must understand that a monarchy is a government lead by a King, Queen, or Emperor. On the other hand, a flexible government is more suitable for a unitary system of government with a homogeneous population. The procedure for amending a flexible constitution is not cumbersome, long expensive, time or energy consuming. Each . A constitution is considered nominal if it is largely or in substantial parts disregarded and does not provide insight into the real functioning of the political system. Some federal features of the constitution are where in the cases where State's consent is needed for amendment and the three types of lists which give powers to the state. Rigid: A federal constitution has the major legal authority than the other laws. Here we go! Constitutions are widely classified into two categories, firstly written and unwritten ; and secondly, rigid and flexible. to. Here are the main advantages and disadvantages of a democratic constitution. In a unitary system, the people only owe their allegiance to one central body of power. The U.S. Constitution, at roughly 7,000 words, is a model of brevity, and many constitutions in Western countries are only slightly longer. It depends rather on the peoples attitude concerning the fundamental political values the legal system ought to honour. Required fields are marked *. 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. Its current form was enacted on 29 May 1999 and inaugurated the Fourth Nigerian Republic. Like common law and customary law, an unwritten constitution grows from many years of practical experience and from the political way of the people. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. Nonetheless, I will still give you a comprehensive explanation of the differences between flexible and rigid constitution as we continue. Save my name, email, and website in this browser for the next time I comment. It fails to keep pace with the changed social, economic and political conditions of the country. Absolute monarch: This is one in which the monarch has absolute powers of governance. and. 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. To understand the meaning and types of constitution, it is important to know that there are two kinds of constitution. As the procedure of amendment of a rigid constitution is very difficult, it causes problems for the country. It is formulated and adopted by a constituent assembly or a council or a legislature. Your email address will not be published. Due to its overly flexible nature, the rules in this constitution keep on changing. The Rigid Constitution is a type of constitution that is not easily amended. In a flexible constitution there is no distinction between ordinary law and constitutional law. He is the head of government and the head of the majority party, but not the head of state. 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. Royal families in monarchs lead very expensive lifestyles that could burden the citizens. Such procedures often involve a two-thirds vote in parliament, popular vote by the people or ratification through a referendum. Federations tend to be more democratic since leaders are answerable at multiple levels, not only the top government. Rigid Constitutionis aconstitutionwhich stands above the other laws of the country, while flexible constitutions do not. What types of constitutions exist and what defines them? But before I will move to the crux of this work, i would like to, first of all, describe a rigid and flexibile constitution. The best example of this is the British constitution. Your browser seems to have Javascript disabled. Monarchs can easily impose their personal beliefs and preferences on the people. A good example of a country with a written constitution is the United States. not. ALSO READ: Differences between a federal and unitary system of government. A flexible constitution is one that can be easily changed or amended without the need for a cumbersome process. A rigid constitution brings about a stable government whereas, there is no stability in a flexible constitution. This point has already been explained in the advantages and disadvantages stated above. 2. I enjoin you to read this till the end if you really want to understand the types of a constitution. 114-142 by Prof. G. W. Kanyeihamba ([emailprotected]). The first nature of the constitution is consider as the expression of the democracy of the country. A presidential constitution is, in which all administrative powers are vest by the president of the country. CONSTITUTION Article 8 Sovereignty of the people 1. 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. 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. Article 368 of the Indian Constitution provides the procedure of Amendment. This type of government is also known as a "federation" or a "federal state" in common parlance (eg., United States of America). At times, amendments are extremely necessary. Following from the above, It is important to note that, even though there is a generally accepted definition of a constitution, there are different types of constitution. Lachesis: This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Cookies are small files that are stored on your browser. In todays article, i will be sharing with you the differences between a rigid and flexibile constitution. At its most basic, a constitution is an instrument that embodies the rules of a social, legal or political organization. A country that uses an unitary government system usually adopts an unconstitutional constitution. Ratifying Convention; see 10th Amendment). A rigid constitution is a constitution which has a cumbersome or long amendment procedure. 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. thanks very much for the above submissions on constitution. 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. 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