Why is the Nigerian Constitution Important? It can be viewed as a contract between the people and the government. A flexible constitution is easily adaptable to meet the changing social, economic and political needs and developments of a country. For this type, constitutional law can be amended in the same way as ordinary law. A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. For amending it, the legislature has to pass an amendment bill by a specific, usually big, majority of 2/3rd or 3/4th. In this article I will clearly highlight the basic differences between a rigid and flexible constitution. In addition, as ensured by the First Amendment, all American citizens are free to petition . In a federal system, a person can compare political, social, and economic systems in different states and relocate to one they find more suitable. The powers of the different tiers of the government are usually spelt out in legislative lists of the federal constitution. Such a constitution grows from years of experience and the political behaviour of people. The best example of this is the British constitution. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. Since the constitution is easy to amend, the government can change the content of the constitution for their interest. This is why it is called a flexible constitution. (b) Constitutional Amendment requiring the direct involvment of the people through referendum. In contrast, the federal constitution provides different structure of government in national, state and local councils. A presidential constitution is one in which all the executive powers are vested in the countrys president, who serves as the head of government and the head of state. The distinction between unitary and federal states, Judicial review outside the United States. More-recent written constitutions are generally longer and encompass a wider range of rights accorded to citizens. It means that the sovereign unit (Centre) and local units . 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. A flexible constitution by its nature does not protect the interest of minority, disadvantaged or despised people. Also he holds limited powers. A good example of a country with a written constitution is the United States. 2. try, Your email address will not be published. Rigid Constitutionis aconstitutionwhich stands above the other laws of the country, while flexible constitutions do not. This type of constitution is partially written and partially oral. The states name is derived from the Cross River that runs through it. Rigid and flexible constitutions. A constitution also lays principles to protect the human rights of its citizens. This provision often results in highly contested elections, a potential trigger for violence and rebellion. Written and Unwritten constitution. Federalism is a type of government in which the sovereign authority of political power is usually divided between two units. A rigid constitution is a type of constitutional framework that is difficult to amend or change. An unwritten constitution is a type of constitution does not contain a single document. 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 rigid constitution brings about a stable government whereas, there is no stability in a flexible constitution. MUST READ: Highest paying law firms in Nigeria 2020. Democracies often have high levels of corruption since they are primarily based on electoral competition. On the other hand, a written constitution is among the three main types of constitutions and is contained in a single document and can be easily consulted on pretty much every issue contained therein. Be the first to get hottest news from our Editor-in-Chief, Check your email and confirm your subscription. 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. These kinds have two different ways in which the constitution can be understand. Federations tend to be more democratic since leaders are answerable at multiple levels, not only the top government. The Rigid Constitution is a type of constitution that is not easily amended. As a result of being partly written and partly unwritten, the British Constitution relies on many practices or conventions. Written Constitution: A written constitution refers to when the whole body of fundamental law, customs, . The head of government in a monarchy is usually succeeded by his or her child, and this goes on from generation to generation. Rigid Constitution: The Rigid Constitution is one which cannot be easily amended. However, she never said anything about the similarities or differences between some of the types of constitutions and that was a big problem. 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. A flexible constitution is, which can be easily amend or change without a complicate process. Here are the main advantages and disadvantages of a written constitution. According to Friedrick, "The great and . It is not in one document, but can be found in various sources, such as statutes, conventions and judicial decisions. This central body does not share its power but can delegate it to subordinate bodies such as local and regional governments. Therefore, relying on the popular passion for amending the countrys laws can result in disharmony and imbalance. There is less influence from the party system. Moreover, the document is premised on the idea that there can never be a perfect set of laws applicable at all times. I will be glad to hear from you! Like common law and customary law, an unwritten constitution grows from many years of practical experience and through human political approach. Here are the main advantages and disadvantages of a democratic constitution. It does not allay the fear of ethnic domination of the minority by the majority people or religion in a multi-ethnic country. Your email address will not be published. Parliamentary Form of Government 6. However, if you have a questions you can ask about this topic, do not hesitate to post it using the comments section. Constitutions are widely classified into two categories, firstly written and unwritten ; and secondly, rigid and flexible. 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 is a lesson from the tutorial, Constitutions and you are encouraged to log It can be amended only in special circumstances. A flexible constitution is one that can be easily changed or amended without the need for a cumbersome process. On the other hand, a federal one provides for an association of states in which power is shared. Here are the main upsides and downsides of a monarchical constitution. The executive. Its method of amendment is difficult. If the President proclaims an emergency for the whole or part of India under Article 352, the Parliament may be entitled . 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. Although the amending process in the United States is difficult, it is easier than the process in other countries with rigid constitutions. . endments. A written constitution is a formal document that defines the nature of constitutional agreements; theses include rules that govern the political system and the rights of citizens and governments in a codified form. On the other hand, a rigid constitution has elaborate, and at times cumbersome, procedures that govern any amendments. A country that uses an unitary government system usually adopts an unconstitutional constitution. Its current form was enacted on 29 May 1999 and inaugurated the Fourth Nigerian Republic. You can learn more about how we use cookies by visiting our privacy policy page. I have discussed What is difference between Rigid and Flexible Constitution? This type of constitution can easily be tempered with and may change easily. This system works great for extremely large countries such as the USA and Australia. 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. A unitary constitution is one of a kind of constitution that provides for the powers of government to focus on a single central government. The laws are accommodative to cultural and economic differences across different states. But there is stability in government with a rigid constitution, since it cannot be easily changed to suit the interest of just one person. A republican system is democratic since people elect their rulers and can question them or vote them out. Check your inbox to be the first to know the hottest news. 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. If you have have been searching through the internet to know the differences between a rigid and flexible constitution, then you are in the right place. [Persons entitled to apply to be registered as Citizens] (1) Any person who -- (a) has attained the age of twenty-one years; or Merits of Flexible Constitution. what are the differences between rigid and flexible Constitution. The president may exercise the executive authority by own or through consultation with the vice-president, the minister, or other officers in the public service. In addition, even if the provisions of a rigid constitution remain unaltered, they often assume over time different meaning and scope, because formal constitutional provisions are subject to interpretation by the courts or by the legislature, the executive, and other institutional subjects. Democracies tend to be more accountable to the people. ADVERTISEMENTS: ALSO READ: How to become a successful lawyer: 7 Important Qualities. 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. In most cases, the head of state is known as the president. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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 judiciary. Not all monarchs are competent leaders. Constitutions worldwide are categorized into different types on the basis of their physical form and the procedure laid down to make changes in them. You are already subscribed to our newsletter! Great Britain is the solitary example of such a type of. A flexible constitution is a constitution which can easily be amended or changed without a cumbersome procedure. Due to its overly flexible nature, the rules in this constitution keep on changing. A Rigid constitution, is a type of constitution, which takes long processes of amendment. Save my name, email, and website in this browser for the next time I comment. It contains titles available in the ASCL Library and published in the past six years. To amend the constitution a lengthy procedure has to be followed. Under a unitary system, most people look up to the government to initiate and implement development initiatives, a fact that could stifle local initiatives. However, the Constitution does not create clear-cut lines for which types of policy fall under each level of government. Constitutional law in countries with flexible constitutions does not have to be unstable or constantly in flux. A flexible constitution just like an unwritten and unitary constitution, is wholly suitable for a multi-ethnic, multi-religious or heterogeneous population. Since the presidents tenure is fixed, the country has more stability since it is highly unlikely to have an unplanned shift in power. 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 . 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." ALSO READ: Differences between a rigid and flexible constitution. A rigid constitution always lead to an ideal and desirable change or amendment by the government. 3. He rules by divine right and his powers were not limited by the constitution if any. It does not share power with other organs in the country, but transfers power to provincial, local and other sub-government. In other words, the concept of a constitution is to provide facility people. The Constitution is rigid (as opposed to a flexible constitution), since modifying it involves a more complex process of reform than that needed for amending ordinary laws. A Constitution refers to a system of laws and principles that act as a basis for governance in a country. A written constitution, is a type of constitution which contain a single document and can be easily obtain and negotiate on any subject under discussion. Conventionally, a democratic government should reflect the peoples generality and must be created and installed by the people. On the other hand, a monarchical one provides for a government led by an emperor, king, or queen. 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. Absolute monarch: This is one in which the monarch has absolute powers of governance. Below are the advantages of a flexible constitution: A flexible constitution is usually easy to amend. There are different types of constitutions under the monarchical setup. In countries with low literacy levels and poor. 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. It can be amended with the same ease in which statutes and ordinary laws are. 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