Whereas, there may not be an ideal or desirable change of the constitution by the government in a flexible constitution. 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. A constitution also lays principles to protect the human rights of its citizens. It can be viewed as a contract between the people and the government. Read Constitutional Law and Governance in Uganda pg. Written and Unwritten Constitution The constitution can be quite expensive to implement, especially when it comes to electing people into office. This will go a long way to help you understand the differences as we continue. Your email address will not be published. Defects of Unwritten Constitutions :-Unwritten constitutions, like those of the rigid type, have elements of weakness. This type of constitution can easily be tempered with and may change easily. Eventually, state-centred decisions overtake national interests. More-recent written constitutions are generally longer and encompass a wider range of rights accorded to citizens. Also he holds limited powers. not. However, the procedure for amending a rigid constitution may include an absolute majority. A Constitution refers to a system of laws and principles that act as a basis for governance in a country. At times, the country might find itself with a highly unqualified legislature. Rigid laws are unsuitable for progressive nations in which amendments happen frequently. Be the first to get hottest news from our Editor-in-Chief, Check your email and confirm your subscription. Typically, constitutions contain the basic laws and principles of nations, social groups, or states. This kind of constitution can amend like any other law, by a simple vote of the members of parliament. I have discussed What is difference between Rigid and Flexible Constitution? Moreover, due to the cumbersome amendment procedures, the laws are less prone to changes resulting from peoples emotions. It can be amended only in special circumstances. I, Ch. 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. A rigid constitution always lead to an ideal and desirable change or amendment by the government. Meanwhile, I would love to hear your contributions to this article. For this type, constitutional law can be amended in the same way as ordinary law. Check your inbox to be the first to know the hottest news. This continued until when I was about to represent my school in a political science competition. This is the ultimate law-making power vested in the UK parliament to create or abolish any law. 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. 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. Here we go! 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. Article 368 of the Indian Constitution provides the procedure of Amendment. 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. Constitutions worldwide are categorized into different types on the basis of their physical form and the procedure laid down to make changes in them. In other words, the concept of constitution is basically for the best interest of the people first. ALSO READ: Differences between a rigid and flexible constitution. Your email address will not be published. It may also face a rebellion or a revolution. A rigid constitution allows for careful consideration before any amendment is made to the constitution. 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 . Each body exercises its assigned functions and powers. Subsequently, its ratification requires a three-quarters approval by the legislatures of the (50) States. In todays article, i will be sharing with you the differences between a rigid and flexibile constitution. 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. There lacks a true separation of power in this system. Below are the differences between a rigid and flexible constitution: How to answer law problem questions using IRAC method, Most populated universities in Nigeria 2020, Best education websites in Nigeria: Top 10, List of political parties in Nigeria since the first republic. Kindly take note of this. The enactment or amendment of common law is usually made by a simple majority of the votes in the relevant parliament which has the power to make or amend that law. Although it can actually be amended when found necessary. 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. 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. On the basis of the amendment procedure (procedure for making changes to the Constitution), a constitution can be classified into rigid and flexible. An uwritten constitution is a type of constitution that is not contained in one single document. A rigid constitution is a constitution which has a cumbersome or long amendment procedure. 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. They are always supplemented, to varying degrees, by statutes, judicial doctrines interpreting the constitution, intergovernmental practices, and nongovernmental institutions (such as political parties) and their practices. 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. In fact, however, many parts of the British constitution exist in written form; for this reason, most scholars prefer to classify it as uncodified rather than unwritten. Do you ever run into any web browser compatibility issues? A rigid constitution is usually in writing or a written constitution whereas, a flexible constitution may be in written or unwritten form. Moreover, the document is premised on the idea that there can never be a perfect set of laws applicable at all times. In those days, my political science teacher used to take her time to explain everything to the class. Register or login to make commenting easier. The head of government in a monarchy is usually succeeded by his or her child, and this goes on from generation to generation. But before I will move to the crux of this work, i would like to, first of all, describe a rigid and flexibile constitution. Note: the strength of quorum in India is 1/10th of total members Simple majority: 50% +1 of members present and voting. However, the Constitution does not create clear-cut lines for which types of policy fall under each level of government. There are laid down procedures for dealing with conflicts and differences. This makes it easier to adapt the laws to the peoples or countrys changing needs. Development tends to be even across the entire nation since the central government is responsible for developing every part of the country. Historical examples include Emperor Haile Selassie of Ethiopia, Czar Nicholas II of Russia, and the former Shah of Iran, Reza Palavi. It is the. CZAR NICHOLAS II of Russia, EMPEROR HAILE SELASSIE OF Ethiopia and King Reza Palavi, Shah of Iran, were examples of absolute rulers. A country may encounter different kinds of disasters like earthquakes and cyclones. Reasons for underdevelopment in Nigeria and possible solutions. 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. Flexible and Rigid Constitution A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. \(\overset{\underset{\mathrm{def}}{}}{=} \). A rigid constitution is usually in writing or a written constitution. The policies of the constitution also enable to put a check on the activities of the bodies. A country that uses an unitary government system usually adopts an unconstitutional constitution. in or register, hasty. Each sphere of government exercises its constitutionally assign powers and functions. A rigid constitution constitution where every arm of government is functioning maximally with checks and balances and not at the pleasure of executive, does not encourage the emergence of a dictator, because an individual, or cabal with dictatorial propensity cannot easily hoodwinked the legislature which represents the people. It can result in an irresponsible executive. If you know a friend or anyone close to you who doesnt know these differences yet, dont hesitate to share this article with him or her. Anyways, if you have any contribution or questions to ask on this topic, do no hesitate to send them using the comment section. Difference between rigid and flexible constitution Previous Post Sources of the Indian Constitution Last but not the least the other type of Constitution is Rigid & Flexible Constitution, the best example of rigid Constitution is USA constitution and that's why it is very difficult to amend the US constitution. Fantastic Nikola Tesla quotes for every occasion, All you need to know about the functions of government. This type of constitution may be amended just like any statute, with a simple majority of vote of the members of the parliament. Top details about affirmative action pros and cons. The powers of different form of government are often describe in the constitutional order of the organization. It is premised on stability and performance. Federations tend to be more democratic since leaders are answerable at multiple levels, not only the top government. Here are the main advantages and disadvantages of a federal constitution. Since the monarch is not a politician, they can remain neutral on matters that otherwise cause divisions. A rigid constitution is likely to fail to cope with time and environment. 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