Types of majorities: Simple majority Special majority Effective majority Absolute majority Meaning of Quorum: minimum members requires for the particular meeting. For this type, constitutional law can be amended in the same way as ordinary law. It is among the most stable law structure and is best suited for an emergency period in a country. It is very definite, removing any drawbacks that uncertainties can bring about. A rigid constitution is one that cannot be easily . -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. 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. 2. Moreover, due to the cumbersome amendment procedures, the laws are less prone to changes resulting from peoples emotions. so that you can track your progress. Each sphere of government exercises its constitutionally assign powers and functions. A country that uses an unitary government system usually adopts an unconstitutional constitution. 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. Article 6. The ruling class cannot use the constitution to further its narrow interest. Here are the four (4) types of constitutions. ALSO READ: Features of Democracy: See the major features of democracy. A Rigid constitution, is a type of constitution, which takes long processes of amendment. All sovereign power resides in the Nations, Nationalities and Peoples of Ethiopia. There are different types of constitutions under the monarchical setup. ALSO READ: Richest pastors in the world currently: Top 10. On preparing for the competition, I came a cross a book that really exposed me to the differences between the different between the types of constitution. He is the head of government and the head of the majority party, but not the head of state. A true democratic government must be a government made up of the generality or representatives of the people. 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. There is a clear separation of powers among the executive, legislature, and judiciary. The codified constitution is a set of laws created at a specific period of time. There are no elections costs in monarchs. 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 . To understand the meaning and types of constitution, it is important to know that there are two kinds of constitution. A rigid constitution is usually in writing or a written constitution. Kinds Rigid or inelastic Flexible or elastic. Your email address will not be published. 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. Even though I understood the meaning of all the types of constitution she thought, I was unable to differentiate between them. It is expensive, time and energy consuming for various legislature to amend the provision in question, or ratify the amendment and conduct a referendum for the people to affirm or approve the amendment under consideration. See the truth as to whether lawyers are liars or not. There is no democracy in a monarch since the head of state is not elected. A rigid constitution is suitable for a federal system of government. 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). 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 person born in or outside Zambia after the commencement of this Constitution shall become a citizen of Zambia at the date of his birth if on that date at least one of his parents is a citizen of Zambia. The need for amendment may be very urgent for country, but the attempt to amend a rigid constitution may fail. 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. In a flexible constitution there is no distinction between ordinary law and constitutional law. Critics of this system argue that it results in more corruption since the justice system often overlooks the atrocities committed by royal families. The president then has the liberty to exercise his powers directly or through his deputy president, cabinet secretaries, or other officers. 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 burden of work can become quite heavy for those in government. 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. This first set of constitutions was passed in the following years: 1914, 1922, 1946, 1951 and 1954. Check your inbox to be the first to know the hottest news. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. Subscribe my Channel: https://www.youtube.com/channel/UCqKvfWhZpdrCA1C51RShQnA . We literally have two types of constitutions and they are written and unwritten constitutions. CONSTITUTION Article 8 Sovereignty of the people 1. On the other hand, the unwritten constitution evolves gradually as well as it is updated with a passage of time. At times, the country might find itself with a highly unqualified legislature. Secondly, it can be seen as a social contract between the government as an entity and the people on the one hand. Instead of a 50% + 1 majority, a 2/3, 3/5 or 3/4 majority is required. Organizing and providing relevant educational content, resources and information for students. . The enactment or amendment of an ordinary law is usually usually easy. But there is stability in government with a rigid constitution, since it cannot be easily changed to suit the interest of just one person. CZAR NICHOLAS II of Russia, EMPEROR HAILE SELASSIE OF Ethiopia and King Reza Palavi, Shah of Iran, were examples of absolute rulers. Bills passed by the countrys legislative arm need to undergo numerous processes before becoming law. It means that the sovereign unit (Centre) and local units . 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. Due to its overly flexible nature, the rules in this constitution keep on changing. Anyways, if you have any contribution or questions to ask on this topic, do no hesitate to send them using the comment section. There you have the major differences between a rigid and flexible constitution. It can be amended with the same ease in which statutes and ordinary laws are. Lengthiest Written Constitution 2. Parliamentary Form of Government 6. But parliament can limit its law making power, as in the Human Rights Act; or devolve legislative power, as in the Scotland Act. It fails to keep pace with the changed social, economic and political conditions of the country. A parliamentary constitution is, in which all the executive power of the state is vest by the Prime Minister. On the other hand, a parliamentary constitution is a type of constitution where all the executive powers of the government are vested in a Prime Minister, who is the head of government and the head of the majority party, but is not the head of state. This process results in unnecessary delays that do not exist in other forms of constitutions, such as monarchs. A republican constitution provides for the position of a head of state, typically elected by the people for a fixed term in office. 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. It gets the respect of all as it cannot be easily abused. There is better coordination between the legislature and the executive. Required fields are marked *. ADVERTISEMENTS: 41 regulatory bodies in Nigeria and their functions. There are two types of monarchical constitution, are as follows:-. It can easily result in administrative instability. 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. 114-142 by Prof. G. W. Kanyeihamba ([emailprotected]). However, the procedure for amending a rigid constitution may include an absolute majority. Here are the main pros and cons of a parliamentary 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. [3] Both the laws are enacted in the same manner and their source is also same. This continued until when I was about to represent my school in a political science competition. The president has sweeping powers, a factor that may give rise to patronage when they appoint their close friends to powerful positions. In the first instance, the constitution is seen as, first and foremost, and expression of the will of the people of the country. The word democracy is derived from two Greek words, demos and kratia. The former means people while the latter means government or rule. Also he holds limited powers. That is, a government with a heterogeneous population. 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. This type of constitution may be amended just like any statute, with a simple majority of vote of the members of the parliament. A rigid constitution is likely to fail to cope with time and environment. The United Kingdom's constitution is flexible, because any of its . Their sovereignty shall be expressed through their representatives elected in accordance with this Constitution and through their direct democratic Don't want to keep filling in name and email whenever you want to comment? Since the presidents tenure is fixed, the country has more stability since it is highly unlikely to have an unplanned shift in power. Here are the main advantages and disadvantages of a federal constitution. Legit.ng recently explore the 18 local governments in Nigerias Cross River State. 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 federal constitution does not tolerate infringement. A rigid constitution brings about a stable government whereas, there is no stability in a flexible constitution. 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. Eventually, state-centred decisions overtake national interests. Here is a look at the different types of constitutions that exist in various nations worldwide. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. While India is a blend of rigid and flexible constitution. In todays article, i will be sharing with you the differences between a rigid and flexibile constitution. 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? It is important to note that most times, the prime ministers in the cabinet are all members of the same party or coalition equals. Great Britain is the solitary example of such a type of. A flexible constitution is one that can be easily changed or amended without the need for a cumbersome process. 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. For passing or amending an ordinary law, the . It ensure political stability of the country because, no section can single handedly amend the constitution to its own favour. Fundamental Rights 10. 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. The written constitution can be of three types rigid, flexible or the combination thereof. [Persons entitled to apply to be registered as Citizens] (1) Any person who -- (a) has attained the age of twenty-one years; or On the occasion of the Stephen Ellis Annual Lecture by Prof. Muna Ndulo on Ethnicity, diversity, inclusivity and constitution making in Africa (17 November) the Library, Documentation and Information Department of the African Studies Centre Leiden has compiled a web dossier on African constitutions. 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. The constitution of 1946 was passew when the Westminster Style Parliamentary Constitution was enacted in the country. Your browser seems to have Javascript disabled. The President of India has the authority to proclaim an emergency under Articles 352, 356 and 360. The British Constitution is an excellent example of an unwritten constitution. This system works great for extremely large countries such as the USA and Australia. by Arvind Kumar, Preserve Articles. TYPES OF CONSTITUTION Constitutions can be classified according to: Genesis or development Conventional or Enacted - the conventional constitution is crafted and promulgated by the people through their representatives in a constitutional conventions. 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