types of rigid constitution

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. On the basis of the amendment procedure (procedure for making changes to the Constitution), a constitution can be classified into rigid and flexible. Each body exercises its assigned functions and powers. A constitution also lays principles to protect the human rights of its citizens. Republican Constitution is a constitution that provides the position of head of the state who is commonly known as President. It is among the most stable law structure and is best suited for an emergency period in a country. Constitutional Monarch: This is a type of Monarchical constitution where the monarchy is a ceremonial head of state and a symbol of the nation with only limited powers. We're sorry, but in order to log in and use all the features of this website, you will need to enable JavaScript in your browser. Countries where this type of constitution is being practice, the head of state who conducts ceremonial events only. Conventionally, a democratic government should reflect the peoples generality and must be created and installed by the people. Written Constitution: A written constitution refers to when the whole body of fundamental law, customs, . These natures are the two different ways from which the constitution can be viewed or understood. Rigid Constitution A rigid constitution may be defined as that constitution which cannot be amended or changed so easily because of its special stringent and cumbersome procedures of amendment. Conversely, a federal constitution is one that provides for separate structures of government at the national, state and local councils, with each tier having its own constitutional assigned powers and duties. The first nature or way of viewing the constitution is as an expression of the will or desire of the people. Primarily, the Constitution mentions three types of emergency - national emergency, state emergency and financial emergency. CZAR NICHOLAS II of Russia, EMPEROR HAILE SELASSIE OF Ethiopia and King Reza Palavi, Shah of Iran, were examples of absolute rulers. Indian Constitution is neither rigid nor flexible because, under Article 368, the Constitution can be amended by a simple majority or by the special majority and by the majority of not less than 2/3 members of each house. Rigid constitution: it is the exact opposite of the flexible constitution. From what we have discussed above, I strongly believe that you understand what a constitution is and you can explain the types of constitution to anyone. This means that any changes or modifications to the constitution must go through a strict and rigorous process, which can be lengthy and time-consuming. Historical examples include Emperor Haile Selassie of Ethiopia, Czar Nicholas II of Russia, and the former Shah of Iran, Reza Palavi. The UK's constitution is unwritten as it hails from no single written document, but derives from a . Here are the four (4) types of constitutions. It helps to ensure that amendment that is made to the constitution will be duly deliberated before it is made. What types of constitutions exist and what defines them? so that you can track your progress. The constitution can be quite expensive to implement, especially when it comes to electing people into office. ALSO READ: Richest pastors in the world currently: Top 10. This may encourage the rise of dictatorship, as a person, or a cabal with dictatorial propensity may amend it to advance such desires. 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. This makes it easier to adapt the laws to the peoples or countrys changing needs. 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. These kinds have two different ways in which the constitution can be understand. Types of Constitution: 1. Constitutional Law-I. There are FIVE different types of Constitution, are as follows:- Written and Unwritten Constitution Flexible and Rigid Constitution Unitary and Federal Constitution Presidential and Parliamentary Constitution Republic and Monarchical Constitution Written and Unwritten Constitution The powers of the president is to maintain the constitution and to apply all the laws made by the parliament for the time being in force. 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." 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 is necessary to take quick decisions to deal with such emergencies. It easily safeguards the traditions of a country. A written constitution is enacted on a specific date by a particular body, which is specially designed for its adoption and enactment. This happens because all resources have to be mobilized by the national government. Here are the main advantages and disadvantages of a written constitution. CONSTITUTION Article 8 Sovereignty of the people 1. to. For federal governments, a written constitution provides for the separation of central and federal power. This exposes the constitution to judicial intervention. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. It means that the sovereign unit (Centre) and local units . A Rigid constitution, is a type of constitution, which takes long processes of amendment. The judiciary tends to overplay its role in a country governed by an unwritten law. This time of constitution is good for a small country, kindred people or a homogeneous population. I will be glad to hear from you! Reasons for underdevelopment in Nigeria and possible solutions. The need to determine the meaning of the Constitution through the use of methods of constitutional interpretation and, perhaps, construction,6 is apparent from the text of the document itself.7 While several parts of the Constitution do not lend themselves to much debate about their Differences between a federal and unitary system of government, Why indirect rule was adopted in Africa during colonization, Characteristics of military rule in Nigeria. For amending it, the legislature has to pass an amendment bill by a specific, usually big, majority of 2/3rd or 3/4th. Bill of Rights b. Federalist Papers c. Federal Judiciary Act of 1789 d . Here are the main upsides and downsides of a monarchical constitution. Types of constitution. Written and Unwritten constitution. The presidents fixed tenure can result in a rigid government. It can be amended with the same ease in which statutes and ordinary laws are. Subscribe my Channel: https://www.youtube.com/channel/UCqKvfWhZpdrCA1C51RShQnA . 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. The monarchical constitution is actually a monarchy where the king succeed to his child or other heir from generations to generation or from one ruling house to another. 21. There are different types of constitutions under the monarchical setup. This continued until when I was about to represent my school in a political science competition. It safeguards peoples rights against legislative encroachment. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. 2. The best example of this is the British constitution. But there is stability in government with a rigid constitution, since it cannot be easily changed to suit the interest of just one person. Due to the ease of amendment, a flexible constitution may be amended hastily and unwisely for a selfish or sectional purpose. This provision often results in highly contested elections, a potential trigger for violence and rebellion. Both the laws are enacted in the same manner and their source is also same. Unlike the unitary system, the countrys power is shared among local, state, and federal bodies. \(\overset{\underset{\mathrm{def}}{}}{=} \). That's why it is very difficult to amend US 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. It protects the rights of the minority through judicial systems. Register or login to make commenting easier. In countries where this type of constitution is practiced, the head of state who exercises only ceremonial functions may be a monarch, or a president, who is the figure head, symbol of the state and the Father or mother of the nation as the case may be. See the truth as to whether lawyers are liars or not. It is said that such a constitution is not ideal for a democracy. 2. Federations tend to be more democratic since leaders are answerable at multiple levels, not only the top government. Also he holds limited powers. Required fields are marked *. A flexible constitution is a dangerous and fearful foundation to build a country that has a diverse population. Defects of Unwritten Constitutions :-Unwritten constitutions, like those of the rigid type, have elements of weakness. Development tends to be even across the entire nation since the central government is responsible for developing every part of the country. Written and unwritten constitutions. Since the presidents tenure is fixed, the country has more stability since it is highly unlikely to have an unplanned shift in power. Note: the strength of quorum in India is 1/10th of total members Simple majority: 50% +1 of members present and voting. Although it can actually be amended when found necessary. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. Of course, the constitution of Great Britain is the best example Of the former, While the eighteenth-century constitutions of France were typical illustrations of the latter type. One of the topics I loved so much during my secondary school days is the Types of constitution. It is the. c. outlined in The Federalist Papers, issue V d. found in Article 3 of the U.S. It has been criticized as being vague and indefinite. 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. Save my name, email, and website in this browser for the next time I comment. 24. 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. The constitutions of USA, Australia and Switzerland are the example of a rigid constitution. Article 368 of the Indian Constitution provides the procedure of Amendment. 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. In a unitary system, the people only owe their allegiance to one central body of power. A rigid constitution is usually in writing or a written constitution. For passing or amending an ordinary law, the . Its current form was enacted on 29 May 1999 and inaugurated the Fourth Nigerian Republic. It allays the fear of ethnic domination by majority people in multi-ethnic country like Nigeria because guarantees, such as the fundamental human rights, federal character and so forth, which have been enshrined in the constitution for the protection of the minorities, cannot be easily amended and thrown away to their detriment. Are Lawyers liars? Its method of amendment is difficult. It is not in one document, but can be found in various sources, such as statutes, conventions and judicial decisions. Date by a specific date by a particular body, which takes long processes of amendment, a trigger... \Overset { \underset { \mathrm { def } } { = } \ ) Act of d! 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A unitary system, the known as President those of the rigid type, elements... Means that the sovereign unit ( Centre ) and local units c. judiciary!

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