It provides for the formation of an expert government since those appointed to office do not necessarily have to be part of the legislature. We may share your site usage data with our social media, advertising, and analytics partners for these reasons. The first nature of the constitution is consider as the expression of the democracy of the country. Kinds Rigid or inelastic Flexible or elastic. \(\overset{\underset{\mathrm{def}}{}}{=} \). Register or login to receive notifications when there's a reply to your comment or update on this information. It helps to ensure that amendment that is made to the constitution will be duly deliberated before it is made. Today, we will be looking at those different types of constitution. The democratic constitution provides for the peoples participation in government either directly or through elected representatives. This is the ultimate law-making power vested in the UK parliament to create or abolish any law. We literally have two types of constitutions and they are written and unwritten constitutions. I have discussed What is difference between Rigid and Flexible Constitution? Difference between written and unwritten constitution 2. 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 rigid constitution refers to a type of constitutional system in which it is difficult to amend or change the provisions of the constitution. 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 . The constitution of 1946 was passew when the Westminster Style Parliamentary Constitution was enacted in the country. CONSTITUTION Article 8 Sovereignty of the people 1. A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. This could end up being done to satisfy the needs of those in power, completely disregarding the minorities. Here are the main pros and cons of a unitary constitution. 2. Your email address will not be published. A parliamentary government is, in most cases, more responsible than a presidential government. Its current form was enacted on 29 May 1999 and inaugurated the Fourth Nigerian Republic. 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. When the amendment procedure is too simple, the laws can be overly influenced by popular passion. Drawn from Various Sources 3. Indeed, written constitutions can never exhaust the whole constitutional law of a state. Here are the main advantages and disadvantages of a democratic constitution. what are the different sources of constitution, what are the different source of constitution, Presidential and Parliamentary Constitution. DISCLAIMER: This article is intended for general informational purposes only and does not address individual circumstances. In summary, we use cookies to ensure that we give you the best experience on our website. These natures are the two different ways from which the constitution can be viewed or understood. A country may encounter different kinds of disasters like earthquakes and cyclones. Am having exam tomorrow and this what im going to read for the exam, Great work here but I need more clarity. As a result of being partly written and partly unwritten, the British Constitution relies on many practices or conventions. In addition to parliamentary majority, some . One common way to amend the constitution is to increase the threshold of consent within parliament compared to ordinary legislature. Such procedures often involve a two-thirds vote in parliament, popular vote by the people or ratification through a referendum. ALSO READ: How to become a successful lawyer: 7 Important Qualities. A written constitution is rigid and hence will be more stabie 5. will. This answer has two elements. Put in a different way, in a unitary constitution, all government powers are concentrated in the central or national government as the only source of authority from which powers emanates. The legislative, executive and judicial powers of government are separated under the Nigerian Constitution. 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. Flexible and Rigid Constitution A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. [1] [2] Nigeria has had many constitutions. Subscribe my Channel: https://www.youtube.com/channel/UCqKvfWhZpdrCA1C51RShQnA . Like common law and customary law, an unwritten constitution grows from many years of practical experience and through human political approach. This constitution reserved effective power in the hands of the Governor-General and his appointed Executive Council. The system allows economic, social, and political experimentation since power is shared across different states. Your email address will not be published. This is especially true when people elect suitable leaders who represent their interests. 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. All sovereign power resides in the Nations, Nationalities and Peoples of Ethiopia. However, most times a flexible constitution is written and it is usually in the form of a unitary constitution. Moreover, the document is premised on the idea that there can never be a perfect set of laws applicable at all times. In addition, as ensured by the First Amendment, all American citizens are free to petition . It does not allay the fear of ethnic domination of the minority by the majority people or religion in a multi-ethnic country. It, therefore, leaves room for possible changes. A republican constitution provides for the position of a head of state, typically elected by the people for a fixed term in office. This time of constitution is good for a small country, kindred people or a homogeneous population. Read Constitutional Law and Governance in Uganda pg. 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. This may lead to a revolution by people or a coup by the military. 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. Constitutional Law-I. The head of government in a monarchy is usually succeeded by his or her child, and this goes on from generation to generation. b. found in the Declaration of Independence. That's why it is very difficult to amend US constitution. It is a consciously framed and enacted constitution. The judiciary. A presidential constitution is, in which all administrative powers are vest by the president of the country. What is a written constitution? A flexible construction does not ensure political stability as a ruler, cabal or majority can amend the constitution to favour its interest. Notify me of follow-up comments by email. Written Constitution: . The system is considerably cheaper to run since there are not many bodies that require funding from the central government. . This Constitution is an expression of their sovereignty. However, if you have a questions you can ask about this topic, do not hesitate to post it using the comments section. It does not share power with other organs in the country, but transfers power to provincial, local and other sub-government. 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. Types of majorities: Simple majority Special majority Effective majority Absolute majority Meaning of Quorum: minimum members requires for the particular meeting. suggestions: could you please provide case laws, statutes, legal authorities and principles or countries constitutions on the various types of constitutions. Here are the main advantages and disadvantages of a republican constitution. 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." 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. The different types of constitutions have their merits and demerits and instances in which they are best suited. Flexible and Rigid Constitution. Parliamentary Form of Government 6. TYPES OF CONSTITUTION Constitutions can be classified according to: Genesis or development Conventional or Enacted - the conventional constitution is crafted and promulgated by the people through their representatives in a constitutional conventions. It is important to note that most times, the prime ministers in the cabinet are all members of the same party or coalition equals. Article 368 of the Indian Constitution provides the procedure of Amendment. The judiciary tends to overplay its role in a country governed by an unwritten law. A country that uses an unitary government system usually adopts an unconstitutional constitution. 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. Save my name, email, and website in this browser for the next time I comment. A flexible constitution may be an unwritten constitution, such as, the constitution of Britain and New Zealand. 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. It can easily result in administrative instability. Only under rigid constitutions is it possible to establish institutional controls to ensure the conformity of legislation with the principles considered indispensable for the well-being of the community. 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. The great majority of countries have rigid constitutions. It has been criticized as being vague and indefinite. Reasons for underdevelopment in Nigeria and possible solutions. Also read: what are the different sources of constitution, There are FIVE different types of Constitution, are as follows:-. This kind of constitution can amend like any other law, by a simple vote of the members of parliament. Joel Ivan, Thanks also I want to ask a question about functions of the constitution of the United republic of Tanzania of 1977 as ammended time to time, Explain classes of constitution Each division has its constitutional powers and functions. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. It has ability to change quickly in accordance with changes in the social and political environment of the society and the state. 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. This is a lesson from the tutorial, Constitutions and you are encouraged to log Cookies are small files that are stored on your browser. Constitutional law in countries with flexible constitutions does not have to be unstable or constantly in flux. As the procedure of amendment of a rigid constitution is very difficult, it causes problems for the country. ALSO READ: Features of Democracy: See the major features of democracy. There is better coordination between the legislature and the executive. Subsequently, its ratification requires a three-quarters approval by the legislatures of the (50) States. Are Lawyers liars? 3. There are two types of constitutions. 4 It prevents the autocratic exercise of powers by the government 5 It is ideal for a federation. 2023: Why zoning, experience, others should be a factor in Akwa Ibom politics by Godwin Edoho. Merits of Flexible Constitution. Therefore, the people have little to no say on matters of whoever governs the country. There are different types of constitutions under the monarchical setup. If the President proclaims an emergency for the whole or part of India under Article 352, the Parliament may be entitled . Answer (1 of 19): The Federal Constitution is where the power delegated to the Federal government is limited and defined, "This Constitution defines the extent of the powers of the general government." (Mass. 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. A rigid constitution cannot be easily amended. 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