Ratifying Convention; see 10th Amendment). It is very definite, removing any drawbacks that uncertainties can bring about. Article 368 of the Indian Constitution provides the procedure of Amendment. Due to the ease of amendment, a flexible constitution may be amended hastily and unwisely for a selfish or sectional purpose. Below are the advantages of a flexible constitution: A flexible constitution is usually easy to amend. As the procedure of amendment of a rigid constitution is very difficult, it causes problems for the country. 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. This may lead to a revolution by people or a coup by the military. The constitution of 1946 was passew when the Westminster Style Parliamentary Constitution was enacted in the country. hasty. The laws, in this case, are quite elastic, drastically reducing the chances of a revolution by the people. 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. Moreover, there are important aspects of the U.S. Constitution that are wholly unwritten. It does not share power with other organs in the country, but transfers power to provincial, local and other sub-government. A state with such a constitution, he observed, is at best in the disagreeable position of a British traveler whom a hospitable Chinese entertainer has constrained to eat a dinner with chopsticks. It can be amended with the same ease in which statutes and ordinary laws are. 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. Drawn from Various Sources 3. There lacks a true separation of power in this system. The great majority of countries have rigid constitutions. Conventionally, a democratic government should reflect the peoples generality and must be created and installed by the people. 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. I enjoin you to seat calmly and read this work so that you will be able to grasp everything I will discuss here. Advantages of a rigid constitution include: 1 It is a source of stability in administration 2 It maintains continuity in administration 3 It cannot become a tool in the hands of the party exercising the state's power at a particular time. The system can result in significant economic disparities across states. Am having exam tomorrow and this what im going to read for the exam, Great work here but I need more clarity. The powers of different form of government are often describe in the constitutional order of the organization. Top primary values and principles of constitutional democracy. A rigid constitution refers to a type of constitutional system in which it is difficult to amend or change the provisions of the constitution. When the amendment procedure is too simple, the laws can be overly influenced by popular passion. Meanwhile, I would love to hear your contributions to this article. 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. Such systems seem to work best in small nations and communities. This is one of the major advantages of a flexible constitution you should know. Nonetheless, I will still give you a comprehensive explanation of the differences between flexible and rigid constitution as we continue. Royal families in monarchs lead very expensive lifestyles that could burden the citizens. The United Kingdoms constitution is flexible, because any of its constitutional institutions and rules can be abrogated or modified by an act of Parliament. Your email address will not be published. Written and Unwritten Constitution very frequent. Rigid Constitution is a constitution which stands above the other laws of the country, while flexible constitutions do not. Development tends to be even across the entire nation since the central government is responsible for developing every part of the country. Therefore, relying on the popular passion for amending the countrys laws can result in disharmony and imbalance. Like common law and customary law, an unwritten constitution grows from many years of practical experience and from the political way of the people. Second nature is that it can be seen as a legal, social and political contract between government as a organization. Written Constitution: A written constitution refers to when the whole body of fundamental law, customs, . This means that the powers and limitations of government, as well as the rights and duties of citizens, are set in stone and cannot easily be altered. Supremacy of Constitution: The central and state governments must obey the constitution. 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. Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. More-recent written constitutions are generally longer and encompass a wider range of rights accorded to citizens. differences between a rigid and flexible constitution. For amending it, the legislature has to pass an amendment bill by a specific, usually big, majority of 2/3rd or 3/4th. Constitutions worldwide are categorized into different types on the basis of their physical form and the procedure laid down to make changes in them. ALSO READ: Features of Democracy: See the major features of democracy. This may encourage the rise of dictatorship, as a person, or a cabal with dictatorial propensity may amend it to advance such desires. In summary, we use cookies to ensure that we give you the best experience on our website. A rigid constitution allows for careful consideration before any amendment is made to the constitution. We may share your site usage data with our social media, advertising, and analytics partners for these reasons. It, therefore, leaves room for possible changes. While they can be equipped with the necessary skills for many years, it does not necessarily mean that the person has the inborn will to lead people. The procedure for amending or changing a rigid constitution is cumbersome and long. The procedure for Amending the constitution is usually cumbersome, expensive and time consuming whereas, a flexible constitution can be easily amended. 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. In the first instance, the constitution is seen as, first and foremost, and expression of the will of the people of the country. Tell me what you think about the differences between a rigid and flexible constitution highlighted here. 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. On the other hand, a written constitution is a type of constitution that is contained in a single document and can be easily procured and consulted on any issue covered by it. A. V. Diceydefines a rigid constitution as one under which certain laws, calledconstitutional lawsorfundamental lawscannot be changed in the same manner as ordinary laws. A rigid constitution set forth specific legal/constitutional obstacles to be overcome before it may be amended, such as special approval of the people by referendum, a supermajority or special majority in thelegislature, or both. 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. The laws are accommodative to cultural and economic differences across different states. It safeguards peoples rights against legislative encroachment. We literally have two types of constitutions and they are written and unwritten constitutions. A Rigid constitution, is a type of constitution, which takes long processes of amendment. Since the head of state remains in power for a long time, countries under such laws tend to remain quite stable. This type of constitution is partially written and partly oral. This results from a phenomenon known as race-to-the-bottom in which states compete to attract investments by lowering taxes. Save my name, email, and website in this browser for the next time I comment. Under such a law, the judiciarys main role is only to see whether the law conforms to the provisions of the constitutions. However, a written constitution is not always rigid, but may be flexible and easy to amend. Constitutional Law-I. Such constitutions are written with the combined knowledge and experience of learned people, resulting in improved efficiency. That's why it is very difficult to amend US constitution. SUMMARY: A constitution of the state has the following main functions:- To declare the existence of the state, its name, people, character, political ethos and system; To declare the territorial boundaries of the state (Article 2); To establish organs of governance, provide for recruitment, disciplining of public officials and provide for A country that uses an unitary government system usually adopts an unconstitutional constitution. Constitutional law in countries with flexible constitutions does not have to be unstable or constantly in flux. Primarily, the Constitution mentions three types of emergency - national emergency, state emergency and financial emergency. Under this scheme there are two types of constitution.-flexible and rigid. EVOLVED AND ENACTED CONSTITUTIONS: An evolved constitution is the result of the growth of rules, which have been developed with the time, added one by one as and when the need was felt. Federalism in India. ABSOLUTE MONARCH :- In Monarchal constitution, the king have absolute power and is a perfect ruler. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); I really admires and likes all your lessons because it teaches real source. Although amendment can be possible when is seems necessary. Rule Of Law 8. The law improves the overall quality of decision making. 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. A flexible constitution is a dangerous and fearful foundation to build a country that has a diverse population. A rigid constitution protects the fundamental rights of the individual. It can result in an irresponsible executive. He also implement all the laws enact by the current parliament. Types Of Constitution 1. Advantages and disadvantages of democracy, READ ALSO: 18 local governments in Cross River state and their headquarters. Do you have any solutions to help fix this issue? Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. Critics of this system argue that it results in more corruption since the justice system often overlooks the atrocities committed by royal families. At its most basic, a constitution is an instrument that embodies the rules of a social, legal or political organization. This Constitution is an expression of their sovereignty. 4 It prevents the autocratic exercise of powers by the government 5 It is ideal for a federation. It is unlike a rigid constitution. The constitution can be quite expensive to implement, especially when it comes to electing people into office. A parliamentary government is, in most cases, more responsible than a presidential government. This answer has two elements. The first nature or way of viewing the constitution is as an expression of the will or desire of the people. Even though I understood the meaning of all the types of constitution she thought, I was unable to differentiate between them. The different types of constitutions have their merits and demerits and instances in which they are best suited. He rules by divine right and his powers were not limited by the constitution if any. Some federal features of the constitution are where in the cases where State's consent is needed for amendment and the three types of lists which give powers to the state. 6. \(\overset{\underset{\mathrm{def}}{}}{=} \). But good ?? The first nature of the constitution is consider as the expression of the democracy of the country. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. On the basis of the amendment procedure (procedure for making changes to the Constitution), a constitution can be classified into rigid and flexible. According to Friedrick, "The great and . Rigid Constitutionis aconstitutionwhich stands above the other laws of the country, while flexible constitutions do not. It has been criticized as being vague and indefinite. The British Constitution is an excellent example of an unwritten 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. How many types of constitutions are there? In particular, proposed amendments to the Constitution and other types of constitutional laws (see Question 1) must undergo two successive debates in each House of . It does not exist in one document but can be found in judicial decisions, conventions, and statutes. (b) Constitutional Amendment requiring the direct involvment of the people through referendum. Don't want to keep filling in name and email whenever you want to comment? endments. This might result in the abandonment of more pressing issues, especially in highly progressive countries. Rigid constitutions are those, which require a special procedure for the amendment. 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