On the other hand, a federal one provides for an association of states in which power is shared. [3] From what we have discussed above, i strongly believe that you know understand what a constitution is and you you can explain the types of constitution to anyone. The laws are accommodative to cultural and economic differences across different states. Oh yeah! The presidents fixed tenure can result in a rigid government. The Constitution is the creature of the State. Types of Constitution: 1. Integrated and Independent Judiciary 9. There are two types of constitutions. 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. Also he holds limited powers. The judiciary. 1. Under a unitary system, most people look up to the government to initiate and implement development initiatives, a fact that could stifle local initiatives. In summary, we use cookies to ensure that we give you the best experience on our website. There are laid down procedures for dealing with conflicts and differences. This can result in improved national unity. 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. Typically, this type of law is rigid but can still be amended when necessary. Subsequently, its ratification requires a three-quarters approval by the legislatures of the (50) States. 3. Democracies tend to be more accountable to the people. Constitutional Law-I. The downside is that popular passion is influenced by emotion, not reason. Check your inbox to be the first to know the hottest news. A rigid constitution is a type of constitutional framework that is difficult to amend or change. As the procedure of amendment of a rigid constitution is very difficult, it causes problems for the country. 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. See the truth as to whether lawyers are liars or not. The power of the president is to uphold the constitution. Moreover, the document is premised on the idea that there can never be a perfect set of laws applicable at all times. A written constitution is enacted on a specific date by a particular body, which is specially designed for its adoption and enactment. It can be amended only in special circumstances. 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. Nevertheless, there are no completely codified and uncodified constitutions. subjected. This type of constitution can easily be tempered with and may change easily. Here are the main advantages and disadvantages of a republican constitution. At times, unwritten laws can result in considerable instability. 6. The system can result in significant economic disparities across states. 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. 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. ALSO READ: How to become a successful lawyer: 7 Important Qualities. That is, a government with a heterogeneous population. Constitutional law in countries with flexible constitutions does not have to be unstable or constantly in flux. A flexible constitution is a dangerous and fearful foundation to build a country that has a diverse population. This will go a long way to help you understand the differences as we continue. In those days, my political science teacher used to take her time to explain everything to the class. For passing or amending an ordinary law, the . Federalism in India. The president may exercise the executive powers of government either directly by himself or through the vice president, minister or other officers in the public service of the country. 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. Conventionally, a democratic government should reflect the peoples generality and must be created and installed by the people. A parliamentary constitution is, in which all the executive power of the state is vest by the Prime Minister. This type of constitution is partially written and partly oral. 3. Flexible and Rigid Constitution A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. A country that uses an unitary government system usually adopts an unconstitutional constitution. ALSO READ: Features of Democracy: See the major features of democracy. The constitution can be quite expensive to implement, especially when it comes to electing people into office. Here are the main advantages and disadvantages of an unwritten 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. The future head of state is usually well prepared since they are prepared from birth. It is often asserted that the United States has a written constitution and the United Kingdom an unwritten one. A Constitution that has been systematically and meticulously written down and embodied in a single document is known as a Written 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. 2. It is unlike a rigid constitution. Rule Of Law 8. Please clarify this, I am really much obliged comrade for the information rendered about the types of constitutions but my colleague seems to be right. Cookies are small files that are stored on your browser. by Arvind Kumar, Preserve Articles. A rigid constitution is usually a written constitution, spelling out the powers and duties of the arms of government and the rights and duties of the constituent parts of the country and the individuals. One common way to amend the constitution is to increase the threshold of consent within parliament compared to ordinary legislature. and. Rigid and flexible constitutions. There can often be deadlocks between the legislature and the executive. Even though I understood the meaning of all the types of constitution she thought, I was unable to differentiate between them. Such systems seem to work best in small nations and communities. 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. Due to the ease of amendment, a flexible constitution may be amended hastily and unwisely for a selfish or sectional purpose. Having representatives makes government more efficient, resulting in faster and better implementation of the peoples will. Secondly, it can be seen as a social contract between the government as an entity and the people on the one hand. Am having exam tomorrow and this what im going to read for the exam, Great work here but I need more clarity. Don't want to keep filling in name and email whenever you want to comment? It encompasses a nations entire rules and ideals, a factor that might be less than ideal for some ages. In contrast, the federal constitution provides different structure of government in national, state and local councils. The Constitution recognizes, grants and guarantees 34 rights of the people-The Rights of Human Dignity, Equality, Religion and Customs, Freedom of Expression, Freedom of Media, Association, Domicile, Property, Economic Freedom, Judicial Protection, Citizenship and Political Rights. A handful of my blog readers have complained about my website not operating correctly in Explorer but looks great in Chrome. Rigid: A federal constitution has the major legal authority than the other laws. 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. hasty. It does not allay the fear of ethnic domination of the minority by the majority people or religion in a multi-ethnic country. Since the head of state remains in power for a long time, countries under such laws tend to remain quite stable. In particular, proposed amendments to the Constitution and other types of constitutional laws (see Question 1) must undergo two successive debates in each House of . CONSTITUTION Article 8 Sovereignty of the people 1. try, Your email address will not be published. It results in flexibility since the prime minister can be easily ousted from power. 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. Eventually, state-centred decisions overtake national interests. He rules by divine right and his powers were not limited by the constitution if any. Since the constitution is easy to amend, the government can change the content of the constitution for their interest. But before I will move to the crux of this work, i would like to, first of all, describe a rigid and flexibile constitution. On the other hand, in rigid constitutions, people can easily feel that the current laws do not address their needs and turn to revolutions to get their way. The executive. A flexible constitution by its nature does not protect the interest of minority, disadvantaged or despised people. At times, the country might find itself with a highly unqualified legislature. 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. This is one of the major criticisms of a flexible constitution. In a unitary constitution, all the powers of government are in center, as it is the only source of authority from which power flows. We literally have two types of constitutions and they are written and unwritten constitutions. An uwritten constitution is a type of constitution that is not contained in one single document. You can learn more about how we use cookies by visiting our privacy policy page. Article 6. The constitution of 1946 was passew when the Westminster Style Parliamentary Constitution was enacted in the country. 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. It safeguards peoples rights against legislative encroachment. Study with Quizlet and memorize flashcards containing terms like The framework for the federal judiciary is: a. based on common law. Required fields are marked *. Read Constitutional Law and Governance in Uganda pg. Method 1: Congress Proposes an Amendment. Human cloning pros and cons: Ethics vs. scientific progress. This type of government is also known as a "federation" or a "federal state" in common parlance (eg., United States of America). In addition, this system recognizes a citizens right to exit a state. Differences between a federal and unitary system of government, Why indirect rule was adopted in Africa during colonization, Characteristics of military rule in Nigeria. thanks very much for the above submissions on constitution. Unless specified, this website is not in any way affiliated with any of the institutions featured. 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 . In his classic work on the difficulties of the amendment process, Donald Lutz ranked the U.S. Constitution as the most rigid one, and the Japanese Constitution as tenth . The codified constitution is a set of laws created at a specific period of time. While India is a blend of rigid and flexible constitution. 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. For example, theConstitution of Australia is rigid, while theBritish Constitutionand theIsraeli Constitutionare flexible. This process results in unnecessary delays that do not exist in other forms of constitutions, such as monarchs. 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 first set of constitutions was passed in the following years: 1914, 1922, 1946, 1951 and 1954. 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. 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. This type of constitution is partially written and partially oral. 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. Lachesis: Thus, the relative continuity of a countrys constitutional law does not depend entirely on the adoption of a rigid constitution, though such a constitution may make changes at times more complicated and difficult. He is the head of government and the head of the majority party, but not the head of state. Therefore, relying on the popular passion for amending the countrys laws can result in disharmony and imbalance. The law provides for the existence of numerous political parties. Monarchs can easily impose their personal beliefs and preferences on the people. Advantages and disadvantages of democracy, READ ALSO: 18 local governments in Cross River state and their headquarters. Blend of Rigidity and Flexibility 4. It, therefore, leaves room for possible changes. This type of constitution may be amended just like any statute, with a simple majority of vote of the members of the parliament. It will be nice to hear from you! Rigid laws are unsuitable for progressive nations in which amendments happen frequently. A flexible constitution may be amended just like any statute with a simple majority of votes of the members of the parliament. Although it can actually be amended when found necessary. A republican constitution is a type of constitution that provides for the position of an elected head of state for a fixed term of office who is usually known as President. Indeed, written constitutions can never exhaust the whole constitutional law of a state. The judiciary tends to overplay its role in a country governed by an unwritten law. The constitutions of USA, Australia and Switzerland are the example of a rigid constitution. 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. The US constitution is an exemplary rigid constitution, for a proposal of constitutional amendment requires a two-thirds majority vote in both Houses of the Congress: the House of Representatives (435 members) and the Senate (100 Senators). 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." Your email address will not be published. Nevertheless, a rigid constitution does not by itself guarantee the stability and continuity of a countrys constitutional law. You might want to see the problems of democracy here. To understand a Monarchical constitution, you must understand that a monarchy is a government lead by a King, Queen, or Emperor. A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. Unitary systems can easily evolve into dictatorships. Below are the advantages of a flexible constitution: A flexible constitution is usually easy to amend. In todays article, i will be sharing with you the differences between a rigid and flexibile constitution. Be the first to get hottest news from our Editor-in-Chief, Check your email and confirm your subscription. An amendment to the Constitution may be proposed by any member of the House of Representatives or the Senate and will be considered under the standard legislative process in the form of a joint resolution. On the other hand, a monarchical one provides for a government led by an emperor, king, or queen. Here are the main pros and cons of a unitary 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. To understand the meaning and types of constitution, it is pertinent to know that there basically two different natures of the constitution. 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. 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. According to Friedrick, "The great and . Article 368 of the Indian Constitution provides the procedure of Amendment. However, if you have a questions you can ask about this topic, do not hesitate to post it using the comments section. There is a clear separation of powers among the executive, legislature, and judiciary. Difference between rigid and flexible constitution Previous Post Sources of the Indian Constitution 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. In a unitary system, the people only owe their allegiance to one central body of power. A country operating a unitary system of government usually adopts a unitary constitution. 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Constitution by its nature does not protect the interest of minority, disadvantaged or despised people my readers. Is that popular passion for amending the countrys laws can result in disharmony and imbalance of constitutions, such monarchs. The differences between a rigid constitution is a constitution that has a diverse.! Is specially designed for its adoption and enactment become a successful lawyer: Important... Is partially written and partly oral peoples will in flexibility since the Prime Minister can be easily from... The framework for the above submissions on constitution power for a selfish or sectional purpose main pros and cons a... An Emperor, King, Queen, or Queen federal one provides for association! Fear of ethnic domination of the majority people or religion in a multi-ethnic country between legislature! National, state and their headquarters of USA, Australia and Switzerland types of rigid constitution the main advantages disadvantages... 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