b. found in the Declaration of Independence. 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. Due to its overly flexible nature, the rules in this constitution keep on changing. Types of majorities: Simple majority Special majority Effective majority Absolute majority Meaning of Quorum: minimum members requires for the particular meeting. 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. It gets the respect of all as it cannot be easily abused. The procedure for amending a rigid constitution is different from the procedure for enacting and amending the ordinary ordinary laws of the land. 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 . document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); What are the different types of Constitution, on What are the different types of Constitution. Countries that have rigid constitution includes: United States, Canada, France, Ghana, Nigeria, Sierra Leone, South Africa etc. This type of government is also known as a "federation" or a "federal state" in common parlance (eg., United States of America). A written constitution is enacted on a specific date by a particular body, which is specially designed for its adoption and enactment. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. It has been criticized as being vague and indefinite. Whether long or short, written constitutions can concern themselves exclusively or prevalently with the organization of government or deal extensively also with the rights of the people and with the goals of governmental action. There are two types of monarchical constitution, are as follows:-. Rigid constitutions are those, which require a special procedure for the amendment. It is said that such a constitution is not ideal for a democracy. The people can experience slow government response on matters such as defence and emergencies. I urge you to read this to the end if you really want to understand the types of constitution. The president then has the liberty to exercise his powers directly or through his deputy president, cabinet secretaries, or other officers. to. The U.S. Constitution, at roughly 7,000 words, is a model of brevity, and many constitutions in Western countries are only slightly longer. Under this scheme there are two types of constitution.-flexible and rigid. -air hunger; sighing-sorrow, shock, stress, and disappointment; take after breakup with mate or death of pet or relative to help deal with the grief more effectively -chronic grieving, sadness, loneliness-deep depression-claustrophobic fears; great insomnia remedy-over-reactive mental state, anxiety from loss; nervous personality 4. One of the topics I loved so much during my secondary school days is the Types of constitution. Most times, democracies turn into competitions for power play, completely disregarding morality. Don't want to keep filling in name and email whenever you want to comment? In this article I will clearly highlight the basic differences between a rigid and flexible constitution. Countries where this type of constitution is being practice, the head of state who conducts ceremonial events only. Note: the strength of quorum in India is 1/10th of total members Simple majority: 50% +1 of members present and voting. What types of constitutions exist and what defines them? He rules by divine right and his powers were not limited by the constitution if any. Lengthiest Written Constitution 2. Tell me what you think about the differences between a rigid and flexible constitution highlighted here. It is not in one document, but can be found in various sources, such as statutes, conventions and judicial decisions. 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. He is the head of government and the head of the majority party, but not the head of state. This type of constitution is partially written and partly oral. The future head of state is usually well prepared since they are prepared from birth. Under such a law, the judiciarys main role is only to see whether the law conforms to the provisions of the constitutions. This exposes the constitution to judicial intervention. 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. CONSTITUTIONAL MONARCH :- This is a kind of constitutional Monarchy in which the monarchy is the head of a ceremonial empire and a symbol of a nation. Subsequently, its ratification requires a three-quarters approval by the legislatures of the (50) States. ALSO READ: Advantage and disadvantages of an unwritten constitution. In a unitary constitution, all the powers of government are in center, as it is the only source of authority from which power flows. The constitution though Supreme, is usually flexible and not rigid, as the government has power to amend it as maybe necessary. To a certain extent interpretation inevitably involves adaptation of the letter of the law to societal 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 . It must also be a government formed and installed by the people. It does not share power with other organs in the country, but transfers power to provincial, local and other sub-government. Bills passed by the countrys legislative arm need to undergo numerous processes before becoming law. While India is a blend of rigid and flexible constitution. A rigid constitution always lead to an ideal and desirable change or amendment by the government. In most cases, the head of state is known as the president. It is easily adaptable to a countrys changing circumstances. Kinds Rigid or inelastic Flexible or elastic. This has led to questions over the balance of power between national and state governments. It does not allay the fear of ethnic domination of the minority by the majority people or religion in a multi-ethnic country. [3] We're sorry, but in order to log in and use all the features of this website, you will need to enable JavaScript in your browser. so that you can track your progress. The burden of work can become quite heavy for those in government. Chapter I, Part II of the Nigerian Constitution clearly divides these powers among the three branches of government: The legislature. Save my name, email, and website in this browser for the next time I comment. Of course, the constitution of Great Britain is the best example Of the former, While the eighteenth-century constitutions of France were typical illustrations of the latter type. It easily safeguards the traditions of a country. Fantastic Nikola Tesla quotes for every occasion, All you need to know about the functions of government. One common way to amend the constitution is to increase the threshold of consent within parliament compared to ordinary legislature. Rigid Constitutionis aconstitutionwhich stands above the other laws of the country, while flexible constitutions do not. (b) Constitutional Amendment requiring the direct involvment of the people through referendum. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. More-recent written constitutions are generally longer and encompass a wider range of rights accorded to citizens. Here is a look at the different types of constitutions that exist in various nations worldwide. 114-142 by Prof. G. W. Kanyeihamba ([emailprotected]). 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. Article 6. The British constitution includes, for example, the Bill of Rights (1689), the Act of Settlement (1701), the Parliament Act of 1911, the successive Representation of the People Acts (which extended suffrage), the statutes dealing with the structure of the courts, and various local government acts. In addition, as ensured by the First Amendment, all American citizens are free to petition . Are Lawyers liars? At its most basic, a constitution is an instrument that embodies the rules of a social, legal or political organization. This contract as laid down in the form of a fully written, or partly written form usually provides that; the people must not be ruled by a government, except with the consent of the people. A rigid constitution is likely to fail to cope with time and environment. On the other hand, a parliamentary constitution is a type of constitution where all the executive powers of the government are vested in a Prime Minister, who is the head of government and the head of the majority party, but is not the head of state. Flexible and Rigid Constitution. As it is partially written and not partially not written, the British Constitution is based on a number of practices or convection. 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. 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. 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. There can often be deadlocks between the legislature and the executive. The laws, in this case, are quite elastic, drastically reducing the chances of a revolution by the people. 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. Constitution to the particular governmental action under review. There are two types of Amendment procedures. ALSO READ: Features of Democracy: See the major features of democracy. Parliamentary sovereignty is commonly regarded as the defining principle of the British Constitution. 1. Below are the advantages of a flexible constitution: A flexible constitution is usually easy to amend. This could end up being done to satisfy the needs of those in power, completely disregarding the minorities. It provides for the formation of an expert government since those appointed to office do not necessarily have to be part of the legislature. There is a clear separation of powers among the executive, legislature, and judiciary. The Rigid Constitution is a type of constitution that is not easily amended. Cookies are small files that are stored on your browser. Answer (1 of 19): The Federal Constitution is where the power delegated to the Federal government is limited and defined, "This Constitution defines the extent of the powers of the general government." (Mass. A country may encounter different kinds of disasters like earthquakes and cyclones. The judiciary tends to overplay its role in a country governed by an unwritten law. 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