Since the head of state remains in power for a long time, countries under such laws tend to remain quite stable. Although the amending process in the United States is difficult, it is easier than the process in other countries with rigid constitutions. A rigid constitution is good for a federal system, because neither the centre nor the federal units can easily change it to their advantage. not. There are different types of constitutions under the monarchical setup. The judiciary tends to overplay its role in a country governed by an unwritten law. Every codified constitution has uncodified elements. At times, unwritten laws can result in considerable instability. She would tell us the the advantages, disagreement, criticism and even problems of every type of constitution. (b) Constitutional Amendment requiring the direct involvment of the people through referendum. The future head of state is usually well prepared since they are prepared from birth. Such systems seem to work best in small nations and communities. Unlike a rigid constitution that must require two-third majority of the parliament to amend the constitution, a flexible constitution may only require a simple majority. Continuing the comparison between the British and American constitutions, a further constitutional classification is possible: monarchical and republican. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. Moreover, the document is premised on the idea that there can never be a perfect set of laws applicable at all times. But there is stability in government with a rigid constitution, since it cannot be easily changed to suit the interest of just one person. Continue With the Mobile App | Available on Google Play. The ordinary person cannot refer to any particular document to understand governance. The head of government in a monarchy is usually succeeded by his or her child, and this goes on from generation to generation. A unitary constitution provides for government power to be vested in a single central government. On the other hand, the unwritten constitution evolves gradually as well as it is updated with a passage of time. This kind of constitution can amend like any other law, by a simple vote of the members of parliament. In addition to parliamentary majority, some . Like common law and customary law, an unwritten constitution grows from many years of practical experience and from the political way of the people. The U.S. Constitution, at roughly 7,000 words, is a model of brevity, and many constitutions in Western countries are only slightly longer. 3. A republican system is democratic since people elect their rulers and can question them or vote them out. so that you can track your progress. It encompasses a nations entire rules and ideals, a factor that might be less than ideal for some ages. The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary laws of the land. An uwritten constitution is a type of constitution that is not contained in one single document. The laws, in this case, are quite elastic, drastically reducing the chances of a revolution by the people. 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. This is especially true when people elect suitable leaders who represent their interests. ADVERTISEMENTS: 4 It prevents the autocratic exercise of powers by the government 5 It is ideal for a federation. Don't want to keep filling in name and email whenever you want to comment? That's why it is very difficult to amend US constitution. 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. The division of powers in this system hampers the potential rise of despotic rulers, protecting the peoples liberty. Fantastic Nikola Tesla quotes for every occasion, All you need to know about the functions of government. ALSO READ: Advantage and disadvantages of an unwritten constitution. Flexible and Rigid Constitution A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. 114-142 by Prof. G. W. Kanyeihamba ([emailprotected]). 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 . 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. c. outlined in The Federalist Papers, issue V d. found in Article 3 of the U.S. It provides for the formation of an expert government since those appointed to office do not necessarily have to be part of the legislature. The bureaucracy in democracies leads to unnecessary delays in decision making. Here are the main ups and downs of a flexible constitution. Save my name, email, and website in this browser for the next time I comment. Human cloning pros and cons: Ethics vs. scientific progress. Under this scheme there are two types of constitution.-flexible and rigid. 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. I, Ch. be. 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 . In contrast, the federal constitution provides different structure of government in national, state and local councils. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. A rigid constitution always lead to an ideal and desirable change or amendment by the government. Required fields are marked *. 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. 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. Written Constitution: . A flexible constitution may be amended just like any statute with a simple majority of votes of the members of the parliament. Article 368 of the Indian Constitution provides the procedure of Amendment. Save my name, email, and website in this browser for the next time I comment. Democracy is a government of the people, who participate in government either directly, or through representatives. Countries where this type of constitution is being practice, the head of state who conducts ceremonial events only. Below are the differences between a rigid and flexible constitution: How to answer law problem questions using IRAC method, Most populated universities in Nigeria 2020, Best education websites in Nigeria: Top 10, List of political parties in Nigeria since the first republic. The system allows economic, social, and political experimentation since power is shared across different states. 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. To amend the constitution a lengthy procedure has to be followed. 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. Here are the four (4) types of constitutions. As a result, the legislature cannot blame the executive for the non-implementation of the nations policies. 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 a constitution which has a cumbersome or long amendment procedure. Unlike a rigid constitution that must require two-third majority of the parliament to amend the constitution, a flexible constitution may only require a simple majority. A good example of a country with a written constitution is the United States. ALSO READ: How to become a successful lawyer: 7 Important Qualities. Difference between rigid and flexible constitution Previous Post Sources of the Indian Constitution On the other hand, a written constitution is a type of constitution that is contained in a single document and can be easily procured and consulted on any issue covered by it. It is easily adaptable to a countrys changing circumstances. 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. Check your inbox to be the first to know the hottest news. 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. In this article I will clearly highlight the basic differences between a rigid and flexible constitution. Although it can actually be amended when found necessary. 2023: Why zoning, experience, others should be a factor in Akwa Ibom politics by Godwin Edoho. The UK's constitution is unwritten as it hails from no single written document, but derives from a . 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. This point has already been explained in the advantages and disadvantages stated above. A flexible constitution may be an unwritten constitution, such as, the constitution of Britain and New Zealand. On the other hand, a rigid constitution is a type of constitution, which has a cumbersome or long amendment procedures. He is the head of government and the head of the majority party, but not the head of state. 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. The system can result in significant economic disparities across states. Notify me of follow-up comments by email. 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. by Arvind Kumar, Preserve Articles. Unlike the unitary system, the countrys power is shared among local, state, and federal bodies. Conventionally, a democratic government should reflect the peoples generality and must be created and installed by the people. Development tends to be even across the entire nation since the central government is responsible for developing every part of the country. He may be the king, president, chief, the emblem of the state and the Father or mother of the nation. Meanwhile, I would love to hear your contributions to this article. There is no democracy in a monarch since the head of state is not elected. It allows for extremely quick decision making. Written and unwritten constitutions. Does the constitution provide for a separation of powers? Are Lawyers liars? Trust me; this is the major advantage of a written constitution. 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. The law improves the overall quality of decision making. Now! However, she never said anything about the similarities or differences between some of the types of constitutions and that was a big problem. In a unitary constitution, all the powers of government are in center, as it is the only source of authority from which power flows. The United Kingdom's constitution is flexible, because any of its . to. A flexible constitution is easily adaptable to meet the changing social, economic and political needs and developments of a country. It may also face a rebellion or a revolution. Not all monarchs are competent leaders. 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. 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