Each . Written Constitution: . The constitution though Supreme, is usually flexible and not rigid, as the government has power to amend it as maybe necessary. subjected. He also implement all the laws enact by the current parliament. 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First, at the very core of the Framers' Constitution is the recognition that, in a self-governing society, courts must generally defer to the preferences of the majority. A written constitution is enacted on a specific date by a particular body, which is specially designed for its adoption and enactment. Such a constitution grows from years of experience and the political behaviour of people. 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. 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. 6. The executive. Your email address will not be published. We literally have two types of constitutions and they are written and unwritten constitutions. [1] [2] Nigeria has had many constitutions. As it is partially written and not partially not written, the British Constitution is based on a number of practices or convection. Since a flexible constitution is very easy to amend, the constitution actually allows quick action to be taken in the interest of the nation in time of emergency. A country that uses an unitary government system usually adopts an unconstitutional constitution. Countries that have rigid constitution includes: United States, Canada, France, Ghana, Nigeria, Sierra Leone, South Africa etc. However, most times a flexible constitution is written and it is usually in the form of a unitary constitution. ADVERTISEMENTS: Required fields are marked *. On the other hand, a federal system of government is an association of free states where power is constitutionally shared to the federal, state and local councils, and with each tier of government exercising its constitutionally assigned powers and functions. Organizing and providing relevant educational content, resources and information for students. The U.S. Constitution, at roughly 7,000 words, is a model of brevity, and many constitutions in Western countries are only slightly longer. 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. Written and unwritten constitutions. and. What do you know about the main top types of inflation? Legit.ng recently explore the 18 local governments in Nigerias Cross River State. It is very definite, removing any drawbacks that uncertainties can bring about. A flexible constitution may be amended just like any statute with a simple majority of votes of the members of the parliament. 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. Note: the strength of quorum in India is 1/10th of total members Simple majority: 50% +1 of members present and voting. Trust me; this is the major advantage of a written constitution. It is formulated and adopted by a constituent assembly or a council or a legislature. 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 good example of a country with a written constitution is the United States. 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. Eventually, state-centred decisions overtake national interests. Your browser seems to have Javascript disabled. A republican constitution is a type of constitution that provides for the position of an elected head of state for a fixed term of office who is usually known as President. Rigid: A federal constitution has the major legal authority than the other laws. To understand the meaning and types of constitution, it is pertinent to know that there basically two different natures of the constitution. Rigid laws are unsuitable for progressive nations in which amendments happen frequently. 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. A rigid constitution protects minority peoples and other disadvantaged groups. I urge you to read this to the end if you really want to understand the types of constitution. Constitutions worldwide are categorized into different types on the basis of their physical form and the procedure laid down to make changes in them. This is where I am going to drop my pen on this topic. 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. Am having exam tomorrow and this what im going to read for the exam, Great work here but I need more clarity. Democracies tend to be more accountable to the people. To understand the Monarchical Constitution, you must understand that the monarchy is a government govern by a King, Queen, or Emperor. Here are the main pros and cons of a unitary constitution. The need for amendment may be very urgent for country, but the attempt to amend a rigid constitution may fail. At times, unwritten laws can result in considerable instability. It is important to note that most times, the prime ministers in the cabinet are all members of the same party or coalition equals. He may be the king, president, chief, the emblem of the state and the Father or mother of the nation. Rigid and flexible constitutions. There are different types of constitutions under the monarchical setup. 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. A rigid constitution is likely to fail to cope with time and environment. As a result, the legislature cannot blame the executive for the non-implementation of the nations policies. RIGID CONSTITUTION: Rigid constitutions are those, which require a special procedure for the amendment. A republican constitution provides for the position of a head of state, typically elected by the people for a fixed term in office. The bureaucracy in democracies leads to unnecessary delays in decision making. The first nature of the constitution is consider as the expression of the democracy of the country. For amending it, the legislature has to pass an amendment bill by a specific, usually big, majority of 2/3rd or 3/4th. The development of the material constitution is decisive in determining the retention or demiseas well as the actual meaning and scope in applicationof the principles and rules of the written constitution, whether the latter is rigid or flexible. The constitution can be quite expensive to implement, especially when it comes to electing people into office. 3. That is, a government with a heterogeneous population. The different types of constitutions have their merits and demerits and instances in which they are best suited. Chapter I, Part II of the Nigerian Constitution clearly divides these powers among the three branches of government: The legislature. It may also face a rebellion or a revolution. This can result in improved national unity. However, a written constitution is not always rigid, but may be flexible and easy to amend. When people feel that a rigid constitution stands in the way of the effort of the national legislature to amend it to manage a crisis or to provide equality justice to people, they are likely to approach the judiciary to intervene. 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. The system is considerably cheaper to run since there are not many bodies that require funding from the central government. In addition, this system recognizes a citizens right to exit a state. He rules by divine right and his powers were not limited by the constitution if any. The others are classifications of constitutions not types because you may find that some may be categorized under written and others under unwritten. A republican constitution is representative since leaders are elected through the will of the people. Your email address will not be published. The U.S. Constitution is rigid, as an amendment requires supermajorities at both the proposal and ratification stages (the most common method of amendment is proposal by a two-thirds vote in both houses of Congress followed by ratification by three-fourths of the states). A rigid constitution is a type of constitutional framework that is difficult to amend or change. The laws contained in it can be amended as simply as one would amend a statute, with a simple majority vote in parliament. An uwritten constitution is a type of constitution that is not contained in one single document. [Persons entitled to apply to be registered as Citizens] (1) Any person who -- (a) has attained the age of twenty-one years; or Don't want to keep filling in name and email whenever you want to comment? All sovereign power resides in the Nations, Nationalities and Peoples of Ethiopia. It is said that such a constitution is not ideal for a democracy. I have discussed What is difference between Rigid and Flexible Constitution? Method 1: Congress Proposes an Amendment. How many types of constitutions are there? 2. Difference between rigid and flexible constitution Previous Post Sources of the Indian Constitution Types of majorities: Simple majority Special majority Effective majority Absolute majority Meaning of Quorum: minimum members requires for the particular meeting. 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 Constitution recognizes, grants and guarantees 34 rights of the people-The Rights of Human Dignity, Equality, Religion and Customs, Freedom of Expression, Freedom of Media, Association, Domicile, Property, Economic Freedom, Judicial Protection, Citizenship and Political Rights. Democracies often have high levels of corruption since they are primarily based on electoral competition. To date, none seems overly superior to the other, as proven by the existence of the different types in various countries worldwide. Defects of Unwritten Constitutions :-Unwritten constitutions, like those of the rigid type, have elements of weakness. The written constitution can be of three types rigid, flexible or the combination thereof. The Constitution of Nigeria is the written supreme law of the Federal Republic of Nigeria. This is one of the major advantages of a flexible constitution you should know. 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 . The judiciary tends to overplay its role in a country governed by an unwritten law. be. I enjoin you to read this till the end if you really want to understand the types of a constitution. 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. This point has already been explained in the advantages and disadvantages stated above. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. 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