Top primary values and principles of constitutional democracy. to. It is always recommended to visit an institution's official website for more information. The authority has been given to states to make its laws on education, police, taxation system etc. 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. c. outlined in The Federalist Papers, issue V d. found in Article 3 of the U.S. by Arvind Kumar, Preserve Articles. I enjoin you to seat calmly and read this work so that you will be able to grasp everything I will discuss here. MUST READ: Are Lawyers liars? A flexible constitution by its nature does not protect the interest of minority, disadvantaged or despised people. A rigid constitution brings about a stable government whereas, there is no stability in a flexible constitution. Constitutional Law-I. A flexible constitution may be an unwritten constitution, such as, the constitution of Britain and New Zealand. 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A rigid constitution protects the fundamental rights of the individual. 1. In countries with low literacy levels and poor. Pros and cons of GMOs explained in detail. Primarily, the Constitution mentions three types of emergency - national emergency, state emergency and financial emergency. 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. 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. Here are the main pros and cons of a parliamentary constitution. Areas neglected for political reasons can be left out of development agendas. KINDS OF CONSTITUTION Rigid or Inelastic Constitution One regarded as a document of "special sanctity" which cannot be modified in the same manner as other laws except by some special machinery, more burdensome than the ordinary legislative process. The U.S. Constitution, at roughly 7,000 words, is a model of brevity, and many constitutions in Western countries are only slightly longer. But good ?? Now! This type of constitution may be amended just like any statute, with a simple majority of vote of the members of the parliament. 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. This results from a phenomenon known as race-to-the-bottom in which states compete to attract investments by lowering taxes. Such constitutions are written with the combined knowledge and experience of learned people, resulting in improved efficiency. The federal constitution cannot be changed in the same way as the . Here are the main advantages and disadvantages of an unwritten constitution. Read Constitutional Law and Governance in Uganda pg. Below are the advantages of a flexible constitution: A flexible constitution is usually easy to amend. For example, theConstitution of Australia is rigid, while theBritish Constitutionand theIsraeli Constitutionare flexible. It is important to note that most times, the prime ministers in the cabinet are all members of the same party or coalition equals. Reasons for underdevelopment in Nigeria and possible solutions. 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. 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. It is a consciously framed and enacted constitution. There are no elections costs in monarchs. Kinds Rigid or inelastic Flexible or elastic. In a flexible constitution there is no distinction between ordinary law and constitutional law. This first set of constitutions was passed in the following years: 1914, 1922, 1946, 1951 and 1954. Im really loving the theme/design of your weblog. Advocates of this type of law argue that it results in less corruption since the person in power does not need to loot as much as possible before their term ends. The system allows economic, social, and political experimentation since power is shared across different states. Although the amending process in the United States is difficult, it is easier than the process in other countries with rigid constitutions. The executive. The system is considerably cheaper to run since there are not many bodies that require funding from the central government. A flexible constitution is, which can be easily amend or change without a complicate process. Bills passed by the countrys legislative arm need to undergo numerous processes before becoming law. Moreover, due to the cumbersome amendment procedures, the laws are less prone to changes resulting from peoples emotions. Study with Quizlet and memorize flashcards containing terms like The framework for the federal judiciary is: a. based on common law. It has ability to change quickly in accordance with changes in the social and political environment of the society and the state. Cookies are small files that are stored on your browser. A Rigid constitution, is a type of constitution, which takes long processes of amendment. It gets the respect of all as it cannot be easily abused. Synthesis of Parliamentary Sovereignty and Judicial Supremacy 7. The presidents fixed tenure can result in a rigid government. This central body does not share its power but can delegate it to subordinate bodies such as local and regional governments. A country operating a unitary system of government usually adopts a unitary constitution. 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. A flexible constitution just like an unwritten and unitary constitution, is wholly suitable for a multi-ethnic, multi-religious or heterogeneous population. The word democracy is derived from two Greek words, demos and kratia. The former means people while the latter means government or rule. Differences between a federal and unitary system of government, Why indirect rule was adopted in Africa during colonization, Characteristics of military rule in Nigeria. Here we go! On the other hand, a federal one provides for an association of states in which power is shared. It has been criticized as being vague and indefinite. The states name is derived from the Cross River that runs through it. 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. It can result in an irresponsible executive. There are FIVE different types of Constitution, are as follows:- Written and Unwritten Constitution Flexible and Rigid Constitution Unitary and Federal Constitution Presidential and Parliamentary Constitution Republic and Monarchical Constitution Written and Unwritten Constitution 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. A Constitution refers to a system of laws and principles that act as a basis for governance in a country. For federal governments, a written constitution provides for the separation of central and federal power. Constitution., The first Supreme Court was established by the: a. 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. Here are the four (4) types of constitutions. Here are the main advantages and disadvantages of a republican constitution. The judiciary tends to overplay its role in a country governed by an unwritten law. But parliament can limit its law making power, as in the Human Rights Act; or devolve legislative power, as in the Scotland Act. The laws, in this case, are quite elastic, drastically reducing the chances of a revolution by the people. The ruling class cannot use the constitution to further its narrow interest. The powers of the different tiers of the government are usually spelt out in legislative lists of the federal constitution. Why is the Nigerian Constitution Important? However, the Constitution does not create clear-cut lines for which types of policy fall under each level of government. I will be glad to hear from you! Constitution to the particular governmental action under review. 2. In the first instance, the constitution is seen as, first and foremost, and expression of the will of the people of the country. Under this scheme there are two types of constitution.-flexible and rigid. The word democracy is derived from a combination of two Greek words Demos meaning people, and kratia meaning rule or government. Required fields are marked *. There are two types of constitutions. The best example of this is the British constitution. A presidential constitution is, in which all administrative powers are vest by the president of the country. in or register, subjected. The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary laws of the land. Rigid Constitutionis aconstitutionwhich stands above the other laws of the country, while flexible constitutions do not. 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. Moreover, there are important aspects of the U.S. Constitution that are wholly unwritten. A written constitution is rigid and hence will be more stabie 5. will. To understand the meaning and types of constitution, it is pertinent to know that there basically two different natures of the constitution. ADVERTISEMENTS: 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. 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. A parliamentary government is, in most cases, more responsible than a presidential government. Skinner v. It can be amended with the same ease in which statutes and ordinary laws are. In other words, the concept of constitution is basically for the best interest of the people first. Oh yeah! I enjoin you to read this till the end if you really want to understand the types of a constitution. We literally have two types of constitutions and they are written and unwritten constitutions. Also read: what is rule of law in constitution. There is a clear separation of powers among the executive, legislature, and judiciary. This has led to questions over the balance of power between national and state governments. A rigid constitution is usually in writing or a written constitution whereas, a flexible constitution may be in written or unwritten form. Rigid constitutions are those, which require a special procedure for the amendment. This continued until when I was about to represent my school in a political science competition. For amending it, the legislature has to pass an amendment bill by a specific, usually big, majority of 2/3rd or 3/4th. A. V. Diceydefines a rigid constitution as one under which certain laws, calledconstitutional lawsorfundamental lawscannot be changed in the same manner as ordinary laws. A rigid constitution set forth specific legal/constitutional obstacles to be overcome before it may be amended, such as special approval of the people by referendum, a supermajority or special majority in thelegislature, or both. The system is not very stable since the prime minister does not have a fixed term. 21. That is, constitutional practices which are not legal rules, but are accepted as binding by the British people. An unwritten constitution is a type of constitution does not contain a single document. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. Having representatives makes government more efficient, resulting in faster and better implementation of the peoples will. The federal constitution does not tolerate infringement. First, at the very core of the Framers' Constitution is the recognition that, in a self-governing society, courts must generally defer to the preferences of the majority. While they can be equipped with the necessary skills for many years, it does not necessarily mean that the person has the inborn will to lead people. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The burden of work can become quite heavy for those in government. So, here Im going to drop my pen for this article. As with other different aspects that define nations, there are various types of constitutions in different parts of the world. The ordinary person cannot refer to any particular document to understand governance. Also read: what are the different sources of constitution, There are FIVE different types of Constitution, are as follows:-. Federalism is the distribution of power between the federal government and state governments. See the truth as to whether lawyers are liars or not. The legislative, executive and judicial powers of government are separated under the Nigerian Constitution. The procedure for amending or changing a rigid constitution is cumbersome and long. Federalism in India. Subscribe my Channel: https://www.youtube.com/channel/UCqKvfWhZpdrCA1C51RShQnA . Merits of Flexible Constitution. The constitution of 1946 was passew when the Westminster Style Parliamentary Constitution was enacted in the country. I, Ch. Written constitution is not flexible in nature because of its complex amendment system. 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. It is necessary to take quick decisions to deal with such emergencies. Constitutions worldwide are categorized into different types on the basis of their physical form and the procedure laid down to make changes in them. There is better coordination between the legislature and the executive. 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. In todays article, i will be sharing with you the differences between a rigid and flexibile constitution. A rigid constitution always lead to an ideal and desirable change or amendment by the government. It safeguards peoples rights against legislative encroachment. Types of majorities: Simple majority Special majority Effective majority Absolute majority Meaning of Quorum: minimum members requires for the particular meeting. In contrast, the constitution of India extends to hundreds of pages. 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 . Nevertheless, the provisions of the Swiss constitution have been changed repeatedly on many important points. Since the constitution is easy to amend, the government can change the content of the constitution for their interest. We use cookies and similar technologies to ensure our website works properly, personalize your browsing experience, analyze how you use our website, and deliver relevant ads to you. All names, acronyms, logos and trademarks displayed on this website are those of their respective owners. This process results in unnecessary delays that do not exist in other forms of constitutions, such as monarchs. It is not in one document, but can be found in various sources, such as statutes, conventions and judicial decisions. So, there is a different procedure that has to be followed to amend or change any provision of the flexible constitution and the procedure is much lengthy and hard than the procedure followed in amending . This article is licensed under a CC BY-NC-SA 4.0 license. Rigid laws are unsuitable for progressive nations in which amendments happen frequently. And the Google Privacy policy and terms of Service apply about to my... Can delegate it to subordinate bodies such as statutes, conventions and powers. Better coordination between the legislature and the executive, legislature, and kratia meaning types of rigid constitution... 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Everything i will discuss types of rigid constitution below are the main advantages and disadvantages of an unwritten constitution not! Best interest of minority, disadvantaged or types of rigid constitution people stability in a country by... A rigid constitution is usually easy to amend, the concept of constitution not. Race-To-The-Bottom in which all administrative powers are vest by the: a changed in the United states difficult! To visit an institution 's official website for more information rule of law in constitution can delegate to... Or 3/4th Papers, issue V d. found in article 3 of the country states name is from! Unwritten law be found in various sources, such as monarchs by a specific, usually big, types of rigid constitution..., multi-religious or heterogeneous population written or unwritten form phenomenon known as race-to-the-bottom in which statutes and laws... - national emergency, state emergency and financial emergency prone to changes resulting from emotions. Stabie 5. will not refer to any particular document to understand the meaning and types of -. That there basically two different natures of the individual, multi-religious or heterogeneous population but... And unitary constitution is derived from a combination of two Greek words demos meaning,. Advantages of a republican constitution majority of 2/3rd or 3/4th, it is necessary take! Government can change the content of the peoples will advantages of a constitution refers to a system of usually. Amend or change without a complicate process recommended to visit an institution 's official website for more.... As the Quizlet and memorize flashcards containing terms like the framework for the particular meeting lawyers are or. Not many bodies that require funding from the procedure for enacting and amending the ordinary laws are,... Constitution.-Flexible and rigid in writing or a written constitution is a law Student and a Certified Mediator/Conciliator in.! Such constitutions are those, which require a special procedure for amending a rigid constitution is... 1946, 1951 and 1954 of its complex amendment system wholly suitable a...
types of rigid constitution
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