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. See the truth as to whether lawyers are liars or not. It helps to ensure that amendment that is made to the constitution will be duly deliberated before it is made. This type of constitution can easily be tempered with and may change easily. Written constitutions are said to be normative when all their binding principles are observed, more or less, in the actual operations of the political system. 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 rigid constitution is likely to fail to cope with time and environment. For amending it, the legislature has to pass an amendment bill by a specific, usually big, majority of 2/3rd or 3/4th. The British Constitution is an excellent example of an unwritten constitution. These natures are the two different ways from which the constitution can be viewed or understood. Under this scheme there are two types of constitution.-flexible and rigid. 21. 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. 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. Trust me; this is the major advantage of a written constitution. Second nature is that it can be seen as a legal, social and political contract between government as a organization. An uncodified constitution is one that is not contained in a single document, but consists of several different sources, which may be written or unwritten. It can be viewed as a contract between the people and the government. A written constitution is enacted on a specific date by a particular body, which is specially designed for its adoption and enactment. The president has sweeping powers, a factor that may give rise to patronage when they appoint their close friends to powerful positions. It is often asserted that the United States has a written constitution and the United Kingdom an unwritten one. 2. A rigid constitution brings about a stable government whereas, there is no stability in a flexible constitution. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. It is not in one document, but can be found in various sources, such as statutes, conventions and judicial decisions. by Arvind Kumar, Preserve Articles. To understand the Monarchical Constitution, you must understand that the monarchy is a government govern by a King, Queen, or Emperor. For this type, constitutional law can be amended in the same way as ordinary law. Chapter I, Part II of the Nigerian Constitution clearly divides these powers among the three branches of government: The legislature. As a result, the legislature cannot blame the executive for the non-implementation of the nations policies. Although courts may always review governmental action to guard against the arbitrary or unreasonable, the starting point must be a presumption . Continuing the comparison between the British and American constitutions, a further constitutional classification is possible: monarchical and republican. This type of constitution is excellent for a countrys development since it can easily factor in the countrys evolution in terms of technology, education, politics, and social factors. This will go a long way to help you understand the differences as we continue. This answer has two elements. The burden of work can become quite heavy for those in government. On the other hand, a rigid constitution has elaborate, and at times cumbersome, procedures that govern any amendments. It results in flexibility since the prime minister can be easily ousted from power. These instruments also determine the duties and powers of those in office and safeguard the rights of the people. Moreover, due to the cumbersome amendment procedures, the laws are less prone to changes resulting from peoples emotions. 24. Written Constitution: A written constitution means a constitution written in the form of a book or a series of documents combined in the form of a book. On the other hand, a monarchical one provides for a government led by an emperor, king, or queen. ALSO READ: Differences between a federal and unitary system of government. ALSO READ: How to become a successful lawyer: 7 Important Qualities. The executive. There are two types of monarchical constitution, are as follows:-. But It is not a single document, but it contain various sources, such as statutes, convection, and judicial decisions. Now! document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); What are the different types of Constitution, on What are the different types of Constitution. But the government could fail to take decisions if the country concerned has a rigid constitution. 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 Constitution that has been systematically and meticulously written down and embodied in a single document is known as a Written Constitution. But good ?? 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. Lengthiest Written Constitution 2. The constitution of 1946 was passew when the Westminster Style Parliamentary Constitution was enacted in the country. He also implement all the laws enact by the current parliament. The laws contained in it can be amended as simply as one would amend a statute, with a simple majority vote in parliament. Lachesis: Following from the above, It is important to note that, even though there is a generally accepted definition of a constitution, there are different types of constitution. The President of India has the authority to proclaim an emergency under Articles 352, 356 and 360. b. found in the Declaration of Independence. Absolute monarch: This is one in which the monarch has absolute powers of governance. Below are the advantages of a flexible constitution: A flexible constitution is usually easy to amend. Required fields are marked *. Differences between the federal and unitary system of government, Differences between military and democratic government, Advantages and disadvantages of a written constitution, Offence of rape in Nigeria: Effects and punishment by the law, Examination malpractice in Nigeria: Causes, Effects and solutions. Democracy, therefore, loosely translates to the peoples rule. thanks very much for the above submissions on constitution. Legit.ng recently explore the 18 local governments in Nigerias Cross River State. Federalism is a type of government in which the sovereign authority of political power is usually divided between two units. Critics of this system argue that it results in more corruption since the justice system often overlooks the atrocities committed by royal families. It can easily result in administrative instability. Do you have any solutions to help fix this issue? The states capital, Calabar, sits on a hill near the Calabar River and is renowned for its colonial-era British architecture. This is a lesson from the tutorial, Constitutions and you are encouraged to log This exposes the constitution to judicial intervention. 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. A republican system is democratic since people elect their rulers and can question them or vote them out. 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. what are the differences between rigid and flexible Constitution. The first nature or way of viewing the constitution is as an expression of the will or desire of the people. Unitary systems can easily evolve into dictatorships. 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. Advocates of this type of law argue that it results in less corruption since the person in power does not need to loot as much as possible before their term ends. 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. A 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 . At its most basic, a constitution is an instrument that embodies the rules of a social, legal or political organization. ABSOLUTE MONARCH :- In Monarchal constitution, the king have absolute power and is a perfect ruler. In contrast, a flexible constitution is one in which the legislature may amended the constitutions content and principles through use of the ordinary legislative process. This process results in unnecessary delays that do not exist in other forms of constitutions, such as monarchs. Under such a law, the judiciarys main role is only to see whether the law conforms to the provisions of the constitutions. to. subjected. Some clauses in such documents depend on the judicial interpretation that, at times, might not be ideal. try, Your email address will not be published. This has led to questions over the balance of power between national and state governments. 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. When the amendment procedure is too simple, the laws can be overly influenced by popular passion. 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. I urge you to read this to the end if you really want to understand the types of constitution. This type of constitution may be amended just like any statute, with a simple majority of vote of the members of the parliament. Written Constitution: A written constitution refers to when the whole body of fundamental law, customs, . Nevertheless, there are no completely codified and uncodified constitutions. Typically, this type of law is rigid but can still be amended when necessary. Continue With the Mobile App | Available on Google Play. A constitution is considered nominal if it is largely or in substantial parts disregarded and does not provide insight into the real functioning of the political system. 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. And judicial decisions lot easier this is a government led by an Emperor, king, Queen, or.. Due to the constitution can easily be tempered with and may change easily - in Monarchal constitution, must. Be published between a federal and unitary system of government in which constitution... 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types of rigid constitution