Federalism is the distribution of power between the federal government and state governments. There are different types of constitutions under the monarchical setup. It may also face a rebellion or a revolution. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. So, there is a different procedure that has to be followed to amend or change any provision of the flexible constitution and the procedure is much lengthy and hard than the procedure followed in amending . This is especially true when people elect suitable leaders who represent their interests. A good example of a country with a written constitution is the United States. suggestions: could you please provide case laws, statutes, legal authorities and principles or countries constitutions on the various types of constitutions. Save my name, email, and website in this browser for the next time I comment. The codified constitution is a set of laws created at a specific period of time. You might want to see the problems of democracy here. 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. This may encourage the rise of dictatorship, as a person, or a cabal with dictatorial propensity may amend it to advance such desires. The constitution of 1946 was passew when the Westminster Style Parliamentary Constitution was enacted in the country. ALSO READ: Differences between a rigid and flexible constitution. Democracy, therefore, loosely translates to the peoples rule. In summary, we use cookies to ensure that we give you the best experience on our website. It is free from the perils of temporary popular passion. A rigid constitution does not easily meet the dynamic social, economic and political needs and development of people especially where it does not have an active, visionary and progressive judiciary that will liberally interpret the constitution to accommodate and meet the constantly changing needs of the country and its people. The rigid constitution, being precise and clear, discourages and combats arbitrary actions. Typically, constitutions contain the basic laws and principles of nations, social groups, or states. The procedure for amending or changing a rigid constitution is cumbersome and long. A constitution also lays principles to protect the human rights of its citizens. To understand the Monarchical Constitution, you must understand that the monarchy is a government govern by a King, Queen, or Emperor. 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. This continued until when I was about to represent my school in a political science competition. A presidential constitution is, in which all administrative powers are vest by the president of the country. What is a written constitution? Difference between written and unwritten constitution 2. The rigid constitution contributes to political stability. In todays article, i will be sharing with you the differences between a rigid and flexibile constitution. 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 The best example of this is the British constitution. On the other hand, a monarchical one provides for a government led by an emperor, king, or queen. The word democracy is derived from a combination of two Greek words Demos meaning people, and kratia meaning rule or government. But good ?? If the President proclaims an emergency for the whole or part of India under Article 352, the Parliament may be entitled . Continue With the Mobile App | Available on Google Play. 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 Rigid: A federal constitution has the major legal authority than the other laws. Differences between the federal and unitary system of government, Differences between military and democratic government, Advantages and disadvantages of a written constitution, Offence of rape in Nigeria: Effects and punishment by the law, Examination malpractice in Nigeria: Causes, Effects and solutions. Each . On the occasion of the Stephen Ellis Annual Lecture by Prof. Muna Ndulo on Ethnicity, diversity, inclusivity and constitution making in Africa (17 November) the Library, Documentation and Information Department of the African Studies Centre Leiden has compiled a web dossier on African constitutions. Supremacy of Constitution: The central and state governments must obey the constitution. This results from a phenomenon known as race-to-the-bottom in which states compete to attract investments by lowering taxes. Oh yeah! See the truth as to whether lawyers are liars or not. A republican constitution is representative since leaders are elected through the will of the people. In this type, the constitution may be written or mainly based on agreements. DISCLAIMER: This article is intended for general informational purposes only and does not address individual circumstances. [1] [2] Nigeria has had many constitutions. so that you can track your progress. Be the first to get hottest news from our Editor-in-Chief, Check your email and confirm your subscription. A rigid constitution is good for a federal system, because neither the centre nor the federal units can easily change it to their advantage. But there is stability in government with a rigid constitution, since it cannot be easily changed to suit the interest of just one person. Unlike the unitary system, the countrys power is shared among local, state, and federal bodies. CONSTITUTION Article 8 Sovereignty of the people 1. Constitutions worldwide are categorized into different types on the basis of their physical form and the procedure laid down to make changes in them. Constitution., The first Supreme Court was established by the: a. 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. This answer has two elements. In other words, the concept of constitution is basically for the best interest of the people first. ALSO READ: How to become a successful lawyer: 7 Important Qualities. A rigid constitution is likely to fail to cope with time and environment. On preparing for the competition, I came a cross a book that really exposed me to the differences between the different between the types of constitution. There is a clear separation of powers among the executive, legislature, and judiciary. With what I have discussed so far, I am sure you have been able to pick points some of the differences between a rigid and flexible construction already. A presidential constitution is a type of constitution where all executive powers are vested in a president who is the head of state and head of government. Article 6. Written and Unwritten constitutionA 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 written constitution can be produced and shown as a . What types of constitutions exist and what defines them? The constitution can be quite expensive to implement, especially when it comes to electing people into office. An unwritten constitution is a type of constitution does not contain a single document. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. It protects the peoples rights through law and order. Warmly, She would tell us the the advantages, disagreement, criticism and even problems of every type of constitution. It protects the rights of individuals since those in power cannot easily change them. endments. Countries where this type of constitution is being practice, the head of state who conducts ceremonial events only. This type of constitution is excellent for a countrys development since it can easily factor in the countrys evolution in terms of technology, education, politics, and social factors. The judiciary tends to overplay its role in a country governed by an unwritten law. It is premised on stability and performance. 1. A Constitution refers to a system of laws and principles that act as a basis for governance in a country. An uncodified constitution is one that is not contained in a single document, but consists of several different sources, which may be written or unwritten. Written and Unwritten constitution. As the procedure of amendment of a rigid constitution is very difficult, it causes problems for the country. However, the Constitution does not create clear-cut lines for which types of policy fall under each level of government. The bureaucracy in democracies leads to unnecessary delays in decision making. Second nature is that it can be seen as a legal, social and political contract between government as a organization. It means that the sovereign unit (Centre) and local units . 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. There can often be deadlocks between the legislature and the executive. While India is a blend of rigid and flexible constitution. 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. Like common law and customary law, an unwritten constitution grows from many years of practical experience and through human political approach. It is among the most stable law structure and is best suited for an emergency period in a country. Constitutional law in countries with flexible constitutions does not have to be unstable or constantly in flux. Having representatives makes government more efficient, resulting in faster and better implementation of the peoples will. ALSO READ: Features of Democracy: See the major features of democracy. 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." There are two types of monarchical constitution, are as follows:-. constitution. It is not in one document, but can be found in various sources, such as statutes, conventions and judicial decisions. You can learn more about how we use cookies by visiting our privacy policy page. Parliamentary sovereignty is commonly regarded as the defining principle of the British Constitution. of. The process of amending a rigid constitution is different from the process of enacting and amending the common laws of the land. A unitary constitution one of the types of constitution which provides that governmental powers should be concentrated on the single central government, which does not share powers with other body in the country, but delegates powers to regional, local government and other subordinate bodies. Reasons for underdevelopment in Nigeria and possible solutions. This point has already been explained in the advantages and disadvantages stated above. Tell me what you think about the differences between a rigid and flexible constitution highlighted here. This kind of constitution can amend like any other law, by a simple vote of the members of parliament. 4 It prevents the autocratic exercise of powers by the government 5 It is ideal for a federation. This is where I am going to drop my pen on this topic. Unfortunately, in such a scenario, a rigid set of laws make it very difficult to institute the necessary changes. 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 . In a unitary system, the people only owe their allegiance to one central body of power.

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