Such procedures often involve a two-thirds vote in parliament, popular vote by the people or ratification through a referendum. 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. Such a constitution grows from years of experience and the political behaviour of people. The law improves the overall quality of decision making. The states capital, Calabar, sits on a hill near the Calabar River and is renowned for its colonial-era British architecture. ALSO READ: Differences between a federal and unitary system of government. In contrast, the constitution of India extends to hundreds of pages. Bill of Rights b. Federalist Papers c. Federal Judiciary Act of 1789 d . One of the topics I loved so much during my secondary school days is the Types of constitution. A parliamentary government is, in most cases, more responsible than a presidential government. Both the laws are enacted in the same manner and their source is also same. A written constitution is usually rigid in nature because of its cumbersome mode of amendment. 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 system is not very stable since the prime minister does not have a fixed term. Although amendment can be possible when is seems necessary. The law provides for the existence of numerous political parties. Why is the Nigerian Constitution Important? It does not share power with other organs in the country, but transfers power to provincial, local and other sub-government. 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. Since the presidents tenure is fixed, the country has more stability since it is highly unlikely to have an unplanned shift in power. The Supreme Court has declared government regulation should be scrutinized very strictly when it infringes on a protected liberty (like procreation or marriage) or a protection action (like political speech), or when it unfairly discriminates against a protected class (like race or national origin). You might want to see the problems of democracy here. This might result in the abandonment of more pressing issues, especially in highly progressive countries. On the basis of the amendment procedure (procedure for making changes to the Constitution), a constitution can be classified into rigid and flexible. The power of the president is to uphold the constitution. Most times, democracies turn into competitions for power play, completely disregarding morality. The state is located in Southern Nigeria and borders Cameroon to the east. It is quite difficult to amend, making it too rigid. The process of amending a rigid constitution is different from the process of enacting and amending the common laws of the land. 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. Any action you take upon the information presented in this article is strictly at your own risk and responsibility! Integrated and Independent Judiciary 9. Great Britain is the solitary example of such a type of. Classification of constitution Written and unwritten constitution Rigid and flexible constitution 1. It is formulated and adopted by a constituent assembly or a council or a legislature. Monarchs can easily impose their personal beliefs and preferences on the people. It is not in one document, but can be found in various sources, such as statutes, conventions and judicial decisions. Also read: what are the different sources of constitution, There are FIVE different types of Constitution, are as follows:-. Here are the main advantages and disadvantages of a democratic constitution. This is why it is called a flexible constitution. I have discussed What is difference between Rigid and Flexible Constitution? 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. A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. in or register, 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. 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. Due to the ease of amendment, a flexible constitution may be amended hastily and unwisely for a selfish or sectional purpose. In countries with low literacy levels and poor. Uncodified and codified are they among types of constitution, Pls provide case laws and authorities backing this types of constitution. There are FIVE different types of Constitution, are as follows:- Written and Unwritten Constitution Flexible and Rigid Constitution Unitary and Federal Constitution Presidential and Parliamentary Constitution Republic and Monarchical Constitution Written and Unwritten Constitution A unitary constitution is one of a kind of constitution that provides for the powers of government to focus on a single central government. 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 . Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. The Constitution is the creature of the State. In a unitary system, the people only owe their allegiance to one central body of power. We literally have two types of constitutions and they are written and unwritten constitutions. Since it is drawn after long and elaborate deliberations, this type of constitution is based on knowledge and experience and not emotions and hastily-made decisions. Notify me of follow-up comments by email. However, the Constitution does not create clear-cut lines for which types of policy fall under each level of government. These instruments also determine the duties and powers of those in office and safeguard the rights of the people. However, she never said anything about the similarities or differences between some of the types of constitutions and that was a big problem. 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 . Democracies often have high levels of corruption since they are primarily based on electoral competition. Reasons for underdevelopment in Nigeria and possible solutions. These kinds have two different ways in which the constitution can be understand. 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Lengthiest Written Constitution 2. It is always recommended to visit an institution's official website for more information. 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. Each sphere of government exercises its constitutionally assign powers and functions. The Rigid Constitution is a type of constitution that is not easily amended. A flexible constitution is, which can be easily amend or change without a complicate process. Top 5 causes of the current religious crisis in Nigeria and possible solutions. It is among the most stable law structure and is best suited for an emergency period in a country. It, therefore, leaves room for possible changes. Thus, the relative continuity of a countrys constitutional law does not depend entirely on the adoption of a rigid constitution, though such a constitution may make changes at times more complicated and difficult. The constitution of 1946 was passew when the Westminster Style Parliamentary Constitution was enacted in the country. Bills passed by the countrys legislative arm need to undergo numerous processes before becoming law. Moreover, due to the cumbersome amendment procedures, the laws are less prone to changes resulting from peoples emotions. Put in a different way, in a unitary constitution, all government powers are concentrated in the central or national government as the only source of authority from which powers emanates. Some clauses in such documents depend on the judicial interpretation that, at times, might not be ideal. Constitutional Law-I. However, a written constitution is not always rigid, but may be flexible and easy to amend. The constitutions of USA, Australia and Switzerland are the example of a rigid constitution. This type of constitution is partially written and partly oral. A true democratic government must be a government made up of the generality or representatives of the people. 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. Advantages and disadvantages of democracy, READ ALSO: 18 local governments in Cross River state and their headquarters. to. A flexible constitution is a dangerous and fearful foundation to build a country that has a diverse population. 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 . Kinds Rigid or inelastic Flexible or elastic. The system is considerably cheaper to run since there are not many bodies that require funding from the central government. It has ability to change quickly in accordance with changes in the social and political environment of the society and the state. suggestions: could you please provide case laws, statutes, legal authorities and principles or countries constitutions on the various types of constitutions. At the same time, uncodified constitution type is based on customs and traditions. A flexible constitution is one that can be easily changed or amended without the need for a cumbersome process. Constitution of India: Borrowed Features Following are the features of the Constitution borrowed from different countries: Features borrowed From the United Kingdom; Nominal Head - President. Constitutions also can be classified as rigid or flexible. Those that are rigid stipulate that at least some part of the constitution cannot be modified by the same procedures used to enact statutory law. Competitions for power play, completely disregarding morality have an unplanned shift in power and the is... 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