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. The laws are accommodative to cultural and economic differences across different states. Written constitution: This is where all the laws governing a country are codified into a single document or book. That is, a government with a heterogeneous population. This is where I am going to drop my pen on this topic. Written and Unwritten constitution. A rigid constitution is good for a federal system, because neither the centre nor the federal units can easily change it to their advantage. As with other different aspects that define nations, there are various types of constitutions in different parts of the world. Its method of amendment is difficult. This first set of constitutions was passed in the following years: 1914, 1922, 1946, 1951 and 1954. In one sense this is true: in the United States there is a formal document called the Constitution, whereas there is no such document in the United Kingdom. A codified constitution is a constitution that is contained in a single document, which is the single source of constitutional law in a state. A country that uses an unitary government system usually adopts an unconstitutional constitution. The bureaucracy in democracies leads to unnecessary delays in decision making. 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. Royal families in monarchs lead very expensive lifestyles that could burden the citizens. These instruments also determine the duties and powers of those in office and safeguard the rights of the people. I urge you to read this to the end if you really want to understand the types of constitution. This process results in unnecessary delays that do not exist in other forms of constitutions, such as monarchs. In other words, the concept of a constitution is to provide facility people. Written and unwritten constitutions. It has been criticized as being vague and indefinite. According to Friedrick, "The great and . This provision often results in highly contested elections, a potential trigger for violence and rebellion. Nevertheless, the provisions of the Swiss constitution have been changed repeatedly on many important points. Instead of a 50% + 1 majority, a 2/3, 3/5 or 3/4 majority is required. ALSO READ: Richest pastors in the world currently: Top 10. ALSO READ: Features of Democracy: See the major features of democracy. 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). It protects the peoples rights through law and order. It safeguards peoples rights against legislative encroachment. A parliamentary government is, in most cases, more responsible than a presidential government. hasty. The head of government in a monarchy is usually succeeded by his or her child, and this goes on from generation to generation. Bills passed by the countrys legislative arm need to undergo numerous processes before becoming law. Difference between written and unwritten constitution 2. Since the constitution is easy to amend, the government can change the content of the constitution for their interest. Since the presidents tenure is fixed, the country has more stability since it is highly unlikely to have an unplanned shift in power. Critics of this system argue that it results in more corruption since the justice system often overlooks the atrocities committed by royal families. The different types of constitutions have their merits and demerits and instances in which they are best suited. An uwritten constitution is a type of constitution that is not contained in one single document. Areas neglected for political reasons can be left out of development agendas. Socialism pros and cons: Is this type of economy good or bad? RIGID CONSTITUTION: Rigid constitutions are those, which require a special procedure for the amendment. 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. This is one of the major advantages of a flexible constitution you should know. A flexible constitution is, which can be easily amend or change without a complicate process. On the other hand, the unwritten constitution evolves gradually as well as it is updated with a passage of time. Rigidity lends legitimacy to the constitution. At times, unwritten laws can result in considerable instability. 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 Constitution refers to a system of laws and principles that act as a basis for governance in a country. rigid constitution noun : a constitution that is difficult or slow to change usually because of a prescribed process of amendment that is detailed and lengthy in execution Love words? You are already subscribed to our newsletter! Democracy, therefore, loosely translates to the peoples rule. A Constitution that has been systematically and meticulously written down and embodied in a single document is known as a Written Constitution. This results from a phenomenon known as race-to-the-bottom in which states compete to attract investments by lowering taxes. 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. He also implement all the laws enact by the current parliament. But before I will move to the crux of this work, i would like to, first of all, describe a rigid and flexibile constitution. For example, theConstitution of Australia is rigid, while theBritish Constitutionand theIsraeli Constitutionare flexible. The written constitution can be of three types rigid, flexible or the combination thereof. The rigid constitution contributes to political stability. Federal System with Unitary Bias 5. 6. In summary, we use cookies to ensure that we give you the best experience on our website. It is a consciously framed and enacted constitution. Therefore, the people have little to no say on matters of whoever governs the country. It helps to ensure that amendment that is made to the constitution will be duly deliberated before it is made. Here are the main ups and downs of a flexible constitution. 3. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. Advantages of a rigid constitution include: 1 It is a source of stability in administration 2 It maintains continuity in administration 3 It cannot become a tool in the hands of the party exercising the state's power at a particular time. Method 1: Congress Proposes an Amendment. This article is licensed under a CC BY-NC-SA 4.0 license. 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. Be the first to get hottest news from our Editor-in-Chief, Check your email and confirm your subscription. All sovereign power resides in the Nations, Nationalities and Peoples of Ethiopia. Both the laws are enacted in the same manner and their source is also same. There is no democracy in a monarch since the head of state is not elected. Secondly, it can be seen as a social contract between the government as an entity and the people on the one hand. Moreover, there are important aspects of the U.S. Constitution that are wholly unwritten. It can be viewed as a contract between the people and the government. 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 . Article 6. This may lead to a revolution by people or a coup by the military. It can be amended only in special circumstances. A rigid constitution is one that cannot be easily . 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. Indian Constitution is neither rigid nor flexible because, under Article 368, the Constitution can be amended by a simple majority or by the special majority and by the majority of not less than 2/3 members of each house. The states capital, Calabar, sits on a hill near the Calabar River and is renowned for its colonial-era British architecture. 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." Eventually, state-centred decisions overtake national interests. This is especially true when people elect suitable leaders who represent their interests. 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. The codified constitution is a set of laws created at a specific period of time. This Constitution is an expression of their sovereignty. 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. This constitution reserved effective power in the hands of the Governor-General and his appointed Executive Council. Kindly take note of this. Federalism is the distribution of power between the federal government and state governments. Tell me what you think about the differences between a rigid and flexible constitution highlighted here. A flexible constitution is a constitution which can easily be amended or changed without a cumbersome procedure. Merits of Flexible Constitution. There can often be deadlocks between the legislature and the executive. For federal governments, a written constitution provides for the separation of central and federal power. Required fields are marked *. 1. A rigid constitution allows for careful consideration before any amendment is made to the constitution. It is easily adaptable to a countrys changing circumstances. This makes it easier to adapt the laws to the peoples or countrys changing needs. 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. Your email address will not be published. This type of constitution can easily be tempered with and may change easily. The presidents fixed tenure can result in a rigid government. Such constitutions are written with the combined knowledge and experience of learned people, resulting in improved efficiency. This type of constitution may be amended just like any statute, with a simple majority of vote of the members of the parliament. An unwritten constitution is a type of constitution does not contain a single document. However, the process of amending a rigid constitution may include a two-thirds majority vote of the members of the federal legislature, as well as a tow-thirds majority vote in two-thirds of the state legislatures in that country. At times, the country might find itself with a highly unqualified legislature. It protects the rights of the minority through judicial systems. Not all monarchs are competent leaders. The legislative, executive and judicial powers of government are separated under the Nigerian Constitution. The ordinary person cannot refer to any particular document to understand governance. 21. However, a written constitution is not always rigid, but may be flexible and easy to amend. She would tell us the the advantages, disagreement, criticism and even problems of every type of constitution. If you know a friend or anyone close to you who doesnt know these differences yet, dont hesitate to share this article with him or her. That's why it is very difficult to amend US constitution. A presidential constitution is, in which all administrative powers are vest by the president of the country. In a unitary system, the people only owe their allegiance to one central body of power. be. Also he holds limited powers. 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. On the basis of the amendment procedure (procedure for making changes to the Constitution), a constitution can be classified into rigid and flexible. 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. So, here Im going to drop my pen for this article. This exposes the constitution to judicial intervention. In addition, this system recognizes a citizens right to exit a state. A written constitution is usually rigid in nature because of its cumbersome mode of amendment. 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. The laws reflect a nations historical continuity. 2. It can easily result in administrative instability. 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. Human cloning pros and cons: Ethics vs. scientific progress. It may also face a rebellion or a revolution. 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. Register or login to make commenting easier. Whereas, there may not be an ideal or desirable change of the constitution by the government in a flexible constitution. Here are the main advantages and disadvantages of a written constitution. so that you can track your progress. Written Constitution: . The great majority of countries have rigid constitutions. A republican system is democratic since people elect their rulers and can question them or vote them out. 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. On the other hand, certain institutions of constitutional significance, including the system of political parties and judicial review of legislative and executive actions, are not mentioned in the written constitution. At its most basic, a constitution is an instrument that embodies the rules of a social, legal or political organization. A rigid constitution protects the fundamental rights of the individual. 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. The ruling class cannot use the constitution to further its narrow interest. 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. Such procedures often involve a two-thirds vote in parliament, popular vote by the people or ratification through a referendum. To understand the meaning and types of constitution, it is important to know that there are two kinds of constitution. It encompasses a nations entire rules and ideals, a factor that might be less than ideal for some ages. The need for amendment may be very urgent for country, but the attempt to amend a rigid constitution may fail. . For this type, constitutional law can be amended in the same way as ordinary law. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 2. This type of constitution is partially written and partly oral. However, the procedure for amending a rigid constitution may include a two third majority vote of members of the central government legislature, as well as a two-third majority vote in two-third of the state legislatures in such country, and sometimes ratification by the people in a referendum and so forth. Skinner v. The first nature or way of viewing the constitution is as an expression of the will or desire of the people. A written constitution is a formal document that defines the nature of constitutional agreements; theses include rules that govern the political system and the rights of citizens and governments in a codified form. A constitution also lays principles to protect the human rights of its citizens. Here are the four (4) types of constitutions. In this type, the constitution may be written or mainly based on agreements. The enactment or amendment of common law is usually made by a simple majority of the votes in the relevant parliament which has the power to make or amend that law. A flexible constitution by its nature does not protect the interest of minority, disadvantaged or despised people. Countries that have rigid constitution includes: United States, Canada, France, Ghana, Nigeria, Sierra Leone, South Africa etc. The judiciary. It is not a substitute for professional advice or help and should not be relied on to make decisions of any kind. This may encourage the rise of dictatorship, as a person, or a cabal with dictatorial propensity may amend it to advance such desires. 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 . very frequent. If and when this attitude changes, the new viewpoint is likely to eventually make its way into the constitution, whether through the amending process and interpretation by the courts under a rigid constitution or through easier legislative procedures under a flexible constitution. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); I really admires and likes all your lessons because it teaches real source. When the amendment procedure is too simple, the laws can be overly influenced by popular passion. This could end up being done to satisfy the needs of those in power, completely disregarding the minorities. Reasons for underdevelopment in Nigeria and possible solutions. It means that the sovereign unit (Centre) and local units . A rigid constitution: rigid constitutions are written with the combined knowledge and experience learned. 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