This is the ultimate law-making power vested in the UK parliament to create or abolish any law. Integrated and Independent Judiciary 9. A republican constitution provides for the position of a head of state, typically elected by the people for a fixed term in office. Although it can actually be amended when found necessary. There you have the major differences between a rigid and flexible constitution. 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. Chapter I, Part II of the Nigerian Constitution clearly divides these powers among the three branches of government: The legislature. The law provides for the existence of numerous political parties. "Rigid Constitution" by Wikipedia,CC BY-SA 3.0, "What are the Merits and Demerits of Rigid Constitution ?" This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The British constitution is the best example of an unwritten constitution. 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 federal constitution does not tolerate infringement. It is unlike a rigid constitution. 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. be. Flexible and Rigid Constitution A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. Following ar the types of constitutions: Written and unwritten constitutions; Rigid and flexible constitutions Flexible and Rigid Constitution. A presidential constitution is, in which all administrative powers are vest by the president of the country. Here are the main advantages and disadvantages of an unwritten constitution. The first nature of the constitution is consider as the expression of the democracy of the country. A flexible constitution by its nature does not protect the interest of minority, disadvantaged or despised people. I enjoin you to seat calmly and read this work so that you will be able to grasp everything I will discuss here. Classification of constitution Written and unwritten constitution Rigid and flexible constitution 1. While India is a blend of rigid and flexible constitution. Each . There lacks a true separation of power in this system. The system allows economic, social, and political experimentation since power is shared across different states. This time of constitution is good for a small country, kindred people or a homogeneous population. Tell me what you think about the differences between a rigid and flexible constitution highlighted here. Here are the main advantages and disadvantages of a republican constitution. The United Kingdom's constitution is flexible, because any of its . Each sphere of government exercises its constitutionally assign powers and functions. Under such a law, the judiciarys main role is only to see whether the law conforms to the provisions of the constitutions. Historical examples include Emperor Haile Selassie of Ethiopia, Czar Nicholas II of Russia, and the former Shah of Iran, Reza Palavi. There are different types of constitutions under the monarchical setup. 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 It protects the rights of the minority through judicial systems. In those days, my political science teacher used to take her time to explain everything to the class. It cannot be misused by government having the support of simple majority in the national legislate. Constitutional law in countries with flexible constitutions does not have to be unstable or constantly in flux. 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. Save my name, email, and website in this browser for the next time I comment. A rigid constitution allows for careful consideration before any amendment is made to the constitution. Critics of this system argue that it results in more corruption since the justice system often overlooks the atrocities committed by royal families. 4 It prevents the autocratic exercise of powers by the government 5 It is ideal for a federation. Therefore, the people have little to no say on matters of whoever governs the country. 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. Constitutional Law-I. 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 . Since it is drawn after long and elaborate deliberations, this type of constitution is based on knowledge and experience and not emotions and hastily-made decisions. 3. This system works great for extremely large countries such as the USA and Australia. 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). RIGID CONSTITUTION: Rigid constitutions are those, which require a special procedure for the amendment. 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 is equally an eye opener to young students all over the world on this topic. Rigid Constitution A rigid constitution may be defined as that constitution which cannot be amended or changed so easily because of its special stringent and cumbersome procedures of amendment. ALSO READ: How to become a successful lawyer: 7 Important Qualities. Method 1: Congress Proposes an Amendment. It can easily result in administrative instability. The procedure for Amending the constitution is usually cumbersome, expensive and time consuming whereas, a flexible constitution can be easily amended. In a flexible constitution there is no distinction between ordinary law and constitutional law. A Constitution refers to a system of laws and principles that act as a basis for governance in a country. He rules by divine sovereignty and his authority is not limited by the constitution. Such procedures often involve a two-thirds vote in parliament, popular vote by the people or ratification through a referendum. Here are the main pros and cons of a presidential constitution. Although the amending process in the United States is difficult, it is easier than the process in other countries with rigid constitutions. ALSO READ: Richest pastors in the world currently: Top 10. 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Areas neglected for political reasons can be left out of development agendas. It is said that such a constitution is not ideal for a democracy. The procedure for amending a flexible constitution is not cumbersome, long expensive, time or energy consuming. In addition to parliamentary majority, some . Because the political values felt to be supreme by the dominant forces in a community have ultimate controlling influence, some European continental scholars have been prompted to call them the material constitution, at any given historical moment, of that community. An unwritten constitution is a type of constitution does not contain a single document. The laws, in this case, are quite elastic, drastically reducing the chances of a revolution by the people. Why is the Nigerian Constitution Important? 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. [3] Merits of Flexible Constitution. Types of constitution. This type of government is also known as a "federation" or a "federal state" in common parlance (eg., United States of America). 6. In other words, the concept of constitution is basically for the best interest of the people first. A Monarchical constitution is actually a dynasty where the monarch is succeeded by his or her child or other heir from generation to generation or from one ruling house to another. Fundamental Rights 10. There are two types of Amendment procedures. This might result in the abandonment of more pressing issues, especially in highly progressive countries. The authority has been given to states to make its laws on education, police, taxation system etc. Parliamentary sovereignty is commonly regarded as the defining principle of the British Constitution. Here are the main advantages and disadvantages of a federal constitution. 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. 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. In this article I will clearly highlight the basic differences between a rigid and flexible constitution. Lachesis: It provides for the formation of an expert government since those appointed to office do not necessarily have to be part of the legislature. On the other hand, a rigid constitution is a type of constitution, which has a cumbersome or long amendment procedures. 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. How many types of constitutions are there? Register or login to receive notifications when there's a reply to your comment or update on this information. Instead of a 50% + 1 majority, a 2/3, 3/5 or 3/4 majority is required. The word democracy is derived from a combination of two Greek words Demos meaning people, and kratia meaning rule or government. See the truth as to whether lawyers are liars or not. Republican Constitution is a constitution that provides the position of head of the state who is commonly known as President. On the other hand, a written constitution is among the three main types of constitutions and is contained in a single document and can be easily consulted on pretty much every issue contained therein. A flexible constitution is easily adaptable to meet the changing social, economic and political needs and developments of a country. to. The ruling class cannot use the constitution to further its narrow interest. 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. Democracy is a government of the people, who participate in government either directly, or through representatives. Top details about affirmative action pros and cons. In addition, as ensured by the First Amendment, all American citizens are free to petition . This constitution reserved effective power in the hands of the Governor-General and his appointed Executive Council. Nonetheless, I will still give you a comprehensive explanation of the differences between flexible and rigid constitution as we continue. The people can experience slow government response on matters such as defence and emergencies. 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 ordinary person cannot refer to any particular document to understand governance. It is quite difficult to amend, making it too rigid. An unwritten constitution is not contained in a single document and can exist partly in word and partly in writing. A flexible constitution may be an unwritten constitution, such as, the constitution of Britain and New Zealand. 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. Chapter I, Part II of Russia, and website in this for. Directly, or through representatives constitution may be an unwritten constitution is not contained in a country ratification a. 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