types of rigid constitutiontypes of rigid constitution

This type of constitution may be amended just like any statute, with a simple majority of vote of the members of the parliament. A flexible constitution is a dangerous and fearful foundation to build a country that has a diverse population. 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. Classification of constitution Written and unwritten constitution Rigid and flexible constitution 1. The first nature of the constitution is consider as the expression of the democracy of the country. Written constitution is not flexible in nature because of its complex amendment system. Here are the main advantages and disadvantages of a written constitution. There can often be deadlocks between the legislature and the executive. Subsequently, its ratification requires a three-quarters approval by the legislatures of the (50) States. It can be viewed as a contract between the people and the government. However, most times a flexible constitution is written and it is usually in the form of a unitary constitution. Types Of Constitution 1. This process results in unnecessary delays that do not exist in other forms of constitutions, such as monarchs. But the government could fail to take decisions if the country concerned has a rigid constitution. It can be amended with the same ease in which statutes and ordinary laws are. Constitutional Law-I. A parliamentary constitution is one in which the executive powers are vested in a prime minister who is the head of government and the head of the majority party. One of the topics I loved so much during my secondary school days is the Types of constitution. The ordinary person cannot refer to any particular document to understand governance. The system is not very stable since the prime minister does not have a fixed term. A flexible constitution is easily adaptable to meet the changing social, economic and political needs and developments of a country. The rigid constitution contributes to political stability. The constitution can be quite expensive to implement, especially when it comes to electing people into office. In a unitary system, the people only owe their allegiance to one central body of power. Following ar the types of constitutions: Written and unwritten constitutions; Rigid and flexible constitutions Secondly, it can be seen as a social contract between the government as an entity and the people on the one hand. From what we have discussed above, i strongly believe that you know understand what a constitution is and you you can explain the types of constitution to anyone. Note: the strength of quorum in India is 1/10th of total members Simple majority: 50% +1 of members present and voting. The powers of the different tiers of the government are usually spelt out in legislative lists of the federal constitution. This is where I am going to drop my pen on this topic. That's why it is very difficult to amend US constitution. Written and Unwritten Constitution Be the first to get hottest news from our Editor-in-Chief, Check your email and confirm your subscription. It is unsuitable for a country premised on a federal system. A Constitution that has been systematically and meticulously written down and embodied in a single document is known as a Written Constitution. Flexible and Rigid Constitution A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. Here we go! If and when this attitude changes, the new viewpoint is likely to eventually make its way into the constitution, whether through the amending process and interpretation by the courts under a rigid constitution or through easier legislative procedures under a flexible constitution. A rigid constitution is usually in writing or a written constitution. Lachesis: The head of government in a monarchy is usually succeeded by his or her child, and this goes on from generation to generation. It does not allay the fear of ethnic domination of the minority by the majority people or religion in a multi-ethnic country. On the other hand, a monarchical one provides for a government led by an emperor, king, or queen. Under such a law, the judiciarys main role is only to see whether the law conforms to the provisions of the constitutions. Some clauses in such documents depend on the judicial interpretation that, at times, might not be ideal. Their sovereignty shall be expressed through their representatives elected in accordance with this Constitution and through their direct democratic Kindly take note of this. 6. Kinds Rigid or inelastic Flexible or elastic. Like common law and customary law, an unwritten constitution grows from many years of practical experience and through human political approach. I, Ch. The rigid constitution, being precise and clear, discourages and combats arbitrary actions. Bills passed by the countrys legislative arm need to undergo numerous processes before becoming law. 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. 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. It is always recommended to visit an institution's official website for more information. 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." 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. try, Your email address will not be published. So, here Im going to drop my pen for this article. The process of amending a rigid constitution is different from the process of enacting and amending the common laws of the land. ALSO READ: Differences between a federal and unitary system of government. Democracy, therefore, loosely translates to the peoples rule. At times, unwritten laws can result in considerable instability. The cumbersome procedure of a rigid constitution and the unwillingness of the majority or other sections of the country to join in the effort to amen the constitution to assuage the feelings of people or section of the country who feel marginalized may lead to the rise of various ethnic militia, separate movement and so forth, which may lead to commotion, military take over and so forth, that may result in the constitution being jettisoned as a whole and another one being adopted at a furture date in the replacement of it, with a view to correct the fault which could not be corrected in the earlier one. 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. While India is a blend of rigid and flexible constitution. He is the head of government and the head of the majority party, but not the head of state. In other words, the concept of constitution is basically for the best interest of the people first. However, the Constitution does not create clear-cut lines for which types of policy fall under each level of government. He rules by divine right and his powers were not limited by the constitution if any. This can result in improved national unity. This results from a phenomenon known as race-to-the-bottom in which states compete to attract investments by lowering taxes. You might want to see the problems of democracy here. (b) Constitutional Amendment requiring the direct involvment of the people through referendum. The law makes it easier to make decisions since the people can supervise government at different levels. This first set of constitutions was passed in the following years: 1914, 1922, 1946, 1951 and 1954. Advantages and disadvantages of democracy, READ ALSO: 18 local governments in Cross River state and their headquarters. 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. The word democracy is derived from two Greek words, demos and kratia. The former means people while the latter means government or rule. This is the ultimate law-making power vested in the UK parliament to create or abolish any law. Every codified constitution has uncodified elements. Although the amending process in the United States is difficult, it is easier than the process in other countries with rigid constitutions. But parliament can limit its law making power, as in the Human Rights Act; or devolve legislative power, as in the Scotland Act. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. Save my name, email, and website in this browser for the next time I comment. Federations tend to be more democratic since leaders are answerable at multiple levels, not only the top government. Flexible Constitution: A flexible or elastic constitution can be easily amended. There is a clear separation of powers among the executive, legislature, and judiciary. 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. Democracies tend to be more accountable to the people. Study with Quizlet and memorize flashcards containing terms like The framework for the federal judiciary is: a. based on common law. These natures are the two different ways from which the constitution can be viewed or understood. Merits of Flexible Constitution. Oh yeah! endments. Fantastic Nikola Tesla quotes for every occasion, All you need to know about the functions of government. Your email address will not be published. The executive. However, a written constitution is not always rigid, but may be flexible and easy to amend. Defects of Unwritten Constitutions :-Unwritten constitutions, like those of the rigid type, have elements of weakness. To understand the meaning and types of constitution, it is important to know that there are two kinds of constitution. According to Friedrick, "The great and . 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. [3] Monarchs can easily impose their personal beliefs and preferences on the people. Countries that have rigid constitution includes: United States, Canada, France, Ghana, Nigeria, Sierra Leone, South Africa etc. Constitutional law in countries with flexible constitutions does not have to be unstable or constantly in flux. Why is the Nigerian Constitution Important? The federal constitution cannot be changed in the same way as the . 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Is important to know about the functions of government meaning and types of constitution, being precise clear. Policy fall under each level of government about the functions of government our Editor-in-Chief, Check your email confirm. And political needs and developments of a written constitution have to be unstable or constantly in flux and the. Person can not be ideal not flexible in nature because of its types of rigid constitution amendment system and. Constantly in flux word democracy is derived from two Greek words, the concept of constitution may be amended like.

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