The constitution though Supreme, is usually flexible and not rigid, as the government has power to amend it as maybe necessary. The US constitution is an exemplary rigid constitution, for a proposal of constitutional amendment requires a two-thirds majority vote in both Houses of the Congress: the House of Representatives (435 members) and the Senate (100 Senators). The United Kingdom's constitution is flexible, because any of its . 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. 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 means that the powers and limitations of government, as well as the rights and duties of citizens, are set in stone and cannot easily be altered. Countries that have rigid constitution includes: United States, Canada, France, Ghana, Nigeria, Sierra Leone, South Africa etc. Thus, the principle of the rule of lawroughly the equivalent of the American due process principlehas been an essential element of the British constitution since approximately the late 17th century. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. The Rigid Constitution is a type of constitution that is not easily amended. so that you can track your progress. Most times, democracies turn into competitions for power play, completely disregarding morality. A unitary constitution is one of a kind of constitution that provides for the powers of government to focus on a single central government. Pros and cons of GMOs explained in detail. Written Constitution: A written constitution refers to when the whole body of fundamental law, customs, . Human cloning pros and cons: Ethics vs. scientific progress. It is quite difficult to amend, making it too rigid. Below are the advantages of a flexible constitution: A flexible constitution is usually easy to amend. This process results in unnecessary delays that do not exist in other forms of constitutions, such as monarchs. As a result, the legislature cannot blame the executive for the non-implementation of the nations policies. This time of constitution is good for a small country, kindred people or a homogeneous population. Study with Quizlet and memorize flashcards containing terms like The framework for the federal judiciary is: a. based on common law. The Constitution is the creature of the State. Therefore, relying on the popular passion for amending the countrys laws can result in disharmony and imbalance. Since the monarch is not a politician, they can remain neutral on matters that otherwise cause divisions. Rigid constitution: it is the exact opposite of the flexible constitution. Secondly, it can be seen as a social contract between the government as an entity and the people on the one hand. It ensure political stability of the country because, no section can single handedly amend the constitution to its own favour. Continue With the Mobile App | Available on Google Play. This answer has two elements. It is unlike a rigid constitution. 3. Each division has its constitutional powers and functions. Now! Here are the main ups and downs of a flexible constitution. There are different types of Constitution; these are the Written Constitution, the Unwritten Constitution, the Conventional or Enacted Constitution, the Cumulative or Evolve Constitution, the Rigid or Inelastic Constitution and the Flexible or Elastic Constitution. To amend the constitution a lengthy procedure has to be followed. 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. Here are the main advantages and disadvantages of a democratic constitution. A Constitution that has been systematically and meticulously written down and embodied in a single document is known as a Written Constitution. Types of Constitution: 1. The best example of this is the British constitution. 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. . In this article I will clearly highlight the basic differences between a rigid and flexible constitution. Please clarify this, I am really much obliged comrade for the information rendered about the types of constitutions but my colleague seems to be right. It is free from the perils of temporary popular passion. DISCLAIMER: This article is intended for general informational purposes only and does not address individual circumstances. 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. Rigid Constitution Flexible Constitution Written Constitution Unwritten Constitution a) Rigid Constitution A Rigid constitution is a constitution that is difficult to be amended or slow to change usually because of a prescribed process of the amendment that is detailed and lengthy in execution. Lengthiest Written Constitution 2. However, the Constitution does not create clear-cut lines for which types of policy fall under each level of government. It does not share power with other organs in the country, but transfers power to provincial, local and other sub-government. 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. KINDS OF CONSTITUTION Rigid or Inelastic Constitution One regarded as a document of "special sanctity" which cannot be modified in the same manner as other laws except by some special machinery, more burdensome than the ordinary legislative process. That is, a government with a heterogeneous population. Typically, constitutions contain the basic laws and principles of nations, social groups, or states. Parliamentary sovereignty is commonly regarded as the defining principle of the British Constitution. It gets the respect of all as it cannot be easily abused. ALSO READ: Differences between a rigid and flexible constitution. differences between a rigid and flexible constitution. It fails to keep pace with the changed social, economic and political conditions of the country. Although the amending process in the United States is difficult, it is easier than the process in other countries with rigid constitutions. Such a constitution grows from years of experience and the political behaviour of people. Rigid constitutions are those, which require a special procedure for the amendment. 4 It prevents the autocratic exercise of powers by the government 5 It is ideal for a federation. The word democracy is derived from a combination of two Greek words Demos meaning people, and kratia meaning rule or government. In todays article, i will be sharing with you the differences between a rigid and flexibile constitution. Written and unwritten constitutions. A presidential constitution is, in which all administrative powers are vest by the president of the country. It may also face a rebellion or a revolution. 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. The constitution can be quite expensive to implement, especially when it comes to electing people into office. This continued until when I was about to represent my school in a political science competition. How many types of constitutions are there? A flexible constitution just like an unwritten and unitary constitution, is wholly suitable for a multi-ethnic, multi-religious or heterogeneous population. To date, none seems overly superior to the other, as proven by the existence of the different types in various countries worldwide. According to Friedrick, "The great and . Tell me what you think about the differences between a rigid and flexible constitution highlighted here. The law provides for the existence of numerous political parties. It is expensive, time and energy consuming for various legislature to amend the provision in question, or ratify the amendment and conduct a referendum for the people to affirm or approve the amendment under consideration. 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). The word democracy is derived from two Greek words, demos and kratia. The former means people while the latter means government or rule. 2. 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 . While India is a blend of rigid and flexible constitution. It protects the rights of the minority through judicial systems. (Of course, there exists the further possibility of change, in both cases, through the extreme means of a popular revolution or a military coup dtat.) Register or login to make commenting easier. That is, constitutional practices which are not legal rules, but are accepted as binding by the British people. 114-142 by Prof. G. W. Kanyeihamba ([emailprotected]). 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 procedure for amending a rigid constitution may include an absolute majority. This exposes the constitution to judicial intervention. Written constitution is not flexible in nature because of its complex amendment system. Nevertheless, the provisions of the Swiss constitution have been changed repeatedly on many important points. If our SA president can spread conspiracies and provoke other nations on Twitter,which section of the constitution would he had violated? Required fields are marked *. It has been criticized as being vague and indefinite. Here are the main pros and cons of a unitary constitution. Such constitutions are written with the combined knowledge and experience of learned people, resulting in improved efficiency. This is especially true when people elect suitable leaders who represent their interests. To a certain extent interpretation inevitably involves adaptation of the letter of the law to societal changes. What is a written constitution? He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. This type of government is also known as a "federation" or a "federal state" in common parlance (eg., United States of America). In most cases, the head of state is known as the president. In the first instance, the constitution is seen as, first and foremost, and expression of the will of the people of the country. A rigid constitution is usually in writing or a written constitution. There lacks a true separation of power in this system. Great Britain is the solitary example of such a type of. The president may exercise the executive powers of government either directly by himself or through the vice president, minister or other officers in the public service of the country. The burden of work can become quite heavy for those in government. A flexible constitution is a dangerous and fearful foundation to build a country that has a diverse population. not. You are already subscribed to our newsletter! However, she never said anything about the similarities or differences between some of the types of constitutions and that was a big problem. 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