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. 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. It depends rather on the peoples attitude concerning the fundamental political values the legal system ought to honour. A flexible constitution may be amended just like any statute with a simple majority of votes of the members of the parliament. 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. ALSO READ: How to become a successful lawyer: 7 Important Qualities. The powers of different form of government are often describe in the constitutional order of the organization. This is the ultimate law-making power vested in the UK parliament to create or abolish any law. 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. This is where I am going to drop my pen on this topic. 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. However, a written constitution is not always rigid, but may be flexible and easy to amend. That's why it is very difficult to amend US constitution. A flexible construction does not ensure political stability as a ruler, cabal or majority can amend the constitution to favour its interest. 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). To date, none seems overly superior to the other, as proven by the existence of the different types in various countries worldwide. This provision often results in highly contested elections, a potential trigger for violence and rebellion. There are laid down procedures for dealing with conflicts and differences. The laws reflect a nations historical continuity. Does the constitution provide for a separation of powers? Skinner v. He rules by divine right and his powers were not limited by the constitution if any. (Of course, there exists the further possibility of change, in both cases, through the extreme means of a popular revolution or a military coup dtat.) Warmly, A rigid constitution protects minority peoples and other disadvantaged groups. This happens because all resources have to be mobilized by the national government. A rigid constitution allows for careful consideration before any amendment is made to the 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? Democracy, therefore, loosely translates to the peoples rule. Rigidity lends legitimacy to the constitution. Since the monarch is not a politician, they can remain neutral on matters that otherwise cause divisions. These instruments also determine the duties and powers of those in office and safeguard the rights of the people. The president then has the liberty to exercise his powers directly or through his deputy president, cabinet secretaries, or other officers. 24. For this type, constitutional law can be amended in the same way as ordinary law. On the other hand, the unwritten constitution evolves gradually as well as it is updated with a passage of time. It ensure political stability of the country because, no section can single handedly amend the constitution to its own favour. In addition, as ensured by the First Amendment, all American citizens are free to petition . Unless specified, this website is not in any way affiliated with any of the institutions featured. There are different types of Constitution; these are the Written Constitution, the Unwritten Constitution, the Conventional or Enacted Constitution, the Cumulative or Evolve Constitution, the Rigid or Inelastic Constitution and the Flexible or Elastic Constitution. Here are the main pros and cons of a parliamentary constitution. There are 6 types of the constitution, these are; Written and Unwritten Constitution Federal and Unitary Constitution Flexible and Rigid Constitution Moanrichanl and Republican Constitution Presidential and Parliamentary Constitution Let's discuss them one by one; 1. It is always recommended to visit an institution's official website for more information. ALSO READ: Features of Democracy: See the major features of democracy. In contrast, the constitution of India extends to hundreds of pages. This may encourage the rise of dictatorship, as a person, or a cabal with dictatorial propensity may amend it to advance such desires. This type of constitution may be amended just like any statute, with a simple majority of vote of the members of the parliament. There are two types of Amendment procedures. Blend of Rigidity and Flexibility 4. The presidents fixed tenure can result in a rigid government. A rigid constitution is good for a federal system, because neither the centre nor the federal units can easily change it to their advantage. A presidential constitution is, in which all administrative powers are vest by the president of the country. In addition to parliamentary majority, some . Under a unitary system, most people look up to the government to initiate and implement development initiatives, a fact that could stifle local initiatives. Areas neglected for political reasons can be left out of development agendas. An uwritten constitution is a type of constitution that is not contained in one single document. It helps to ensure that amendment that is made to the constitution will be duly deliberated before it is made. The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary laws of the land. The authority has been given to states to make its laws on education, police, taxation system etc. 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. A rigid constitution brings about a stable government whereas, there is no stability in a flexible constitution. Each division has its constitutional powers and functions. A unitary constitution is one of a kind of constitution that provides for the powers of government to focus on a single central government. We may share your site usage data with our social media, advertising, and analytics partners for these reasons. In todays article, i will be sharing with you the differences between a rigid and flexibile constitution. The system can result in significant economic disparities across states. It protects the rights of individuals since those in power cannot easily change them. Today, we will discuss those different types of constitution. Following ar the types of constitutions: Written and unwritten constitutions; Rigid and flexible constitutions to. I will be glad to hear from you! 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. The head of government in a monarchy is usually succeeded by his or her child, and this goes on from generation to generation. ALSO READ: Differences between a rigid and flexible constitution. It is said that such a constitution is not ideal for a democracy. For passing or amending an ordinary law, the . The enactment or amendment of an ordinary law is usually by simple majority vote in the relevant parliament that has authority to make or amend such law. The different types of constitutions have their merits and demerits and instances in which they are best suited. Top details about affirmative action pros and cons. But good ?? Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. Fundamental Rights 10. Not all monarchs are competent leaders. This is one of the major criticisms of a flexible constitution. Like common law and customary law, an unwritten constitution grows from many years of practical experience and through human political approach. A flexible constitution just like an unwritten and unitary constitution, is wholly suitable for a multi-ethnic, multi-religious or heterogeneous population. It may also face a rebellion or a revolution. At times, amendments are extremely necessary. Merits of Flexible Constitution. However, he is not the head of state. Flexible and Rigid Constitution. The president may exercise the executive authority by own or through consultation with the vice-president, the minister, or other officers in the public service. Constitution is believed to be two types written and unwritten, then these two have various classification such as Rigid, Flexible etc but here you listed them as types of constitution. Such a constitution grows from years of experience and the political behaviour of people. The people can experience slow government response on matters such as defence and emergencies. A handful of my blog readers have complained about my website not operating correctly in Explorer but looks great in Chrome. Therefore, the people have little to no say on matters of whoever governs the country. Indeed, written constitutions can never exhaust the whole constitutional law of a state. Any action you take upon the information presented in this article is strictly at your own risk and responsibility! Required fields are marked *. 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. 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 . A unitary constitution one of the types of constitution which provides that governmental powers should be concentrated on the single central government, which does not share powers with other body in the country, but delegates powers to regional, local government and other subordinate bodies. Classification of constitution Written and unwritten constitution Rigid and flexible constitution 1. This results from a phenomenon known as race-to-the-bottom in which states compete to attract investments by lowering taxes. The judiciary tends to overplay its role in a country governed by an unwritten law. For amending it, the legislature has to pass an amendment bill by a specific, usually big, majority of 2/3rd or 3/4th. Parliamentary sovereignty is commonly regarded as the defining principle of the British Constitution. 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. Democracy is a government of the people, who participate in government either directly, or through representatives. by Arvind Kumar, Preserve Articles. On the other hand, a rigid constitution is a type of constitution, which has a cumbersome or long amendment procedures. To understand the meaning and types of constitution, it is pertinent to know that there basically two different natures of the constitution. 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. There are no elections costs in monarchs. Here are the main advantages and disadvantages of a written constitution. Legit.ng recently explore the 18 local governments in Nigerias Cross River State. Since the constitution is easy to amend, the government can change the content of the constitution for their interest. The law provides for the existence of numerous political parties. Constitution of India: Borrowed Features Following are the features of the Constitution borrowed from different countries: Features borrowed From the United Kingdom; Nominal Head - President. 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. A rigid constitution is usually in writing or a written constitution whereas, a flexible constitution may be in written or unwritten form. 6. There is a clear separation of powers among the executive, legislature, and judiciary. A rigid constitution cannot be easily amended. Historical examples include Emperor Haile Selassie of Ethiopia, Czar Nicholas II of Russia, and the former Shah of Iran, Reza Palavi. Moreover, due to the cumbersome amendment procedures, the laws are less prone to changes resulting from peoples emotions. 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