A person born in or outside Zambia after the commencement of this Constitution shall become a citizen of Zambia at the date of his birth if on that date at least one of his parents is a citizen of Zambia. Organizing and providing relevant educational content, resources and information for students. 1. The procedure for amending a flexible constitution is not cumbersome, long expensive, time or energy consuming. Written and unwritten constitutions. Some federal features of the constitution are where in the cases where State's consent is needed for amendment and the three types of lists which give powers to the state. How many types of constitutions are there? 3. what are the differences between rigid and flexible Constitution. Nonetheless, I will still give you a comprehensive explanation of the differences between flexible and rigid constitution as we continue. Here are the main ups and downs of a flexible constitution. In a unitary system, the people only owe their allegiance to one central body of power. 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. Historical examples include Emperor Haile Selassie of Ethiopia, Czar Nicholas II of Russia, and the former Shah of Iran, Reza Palavi. Here are the main advantages and disadvantages of a democratic constitution. The head of government in a monarchy is usually succeeded by his or her child, and this goes on from generation to generation. Here are the main pros and cons of a unitary constitution. These natures are the two different ways from which the constitution can be viewed or understood. very frequent. Save my name, email, and website in this browser for the next time I comment. so that you can track your progress. 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. See the truth as to whether lawyers are liars or not. -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. A Rigid constitution, is a type of constitution, which takes long processes of amendment. 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. The ruling class cannot use the constitution to further its narrow interest. Thus, the commerce and due process clauses of the U.S. Constitution do not have the same legal implications today as they did in the 19th century. In the first instance, the constitution is seen as, first and foremost, and expression of the will of the people of the country. Oh yeah! The United Kingdom's constitution is flexible, because any of its . Federalism is the distribution of power between the federal government and state governments. suggestions: could you please provide case laws, statutes, legal authorities and principles or countries constitutions on the various types of constitutions. 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. This will go a long way to help you understand the differences as we continue. The federal constitution, is an free state organization with constitutionally assign powers in federal, state and local councils. . Note: the strength of quorum in India is 1/10th of total members Simple majority: 50% +1 of members present and voting. See the truth as to whether lawyers are liars or not. Do you ever run into any web browser compatibility issues? Am having exam tomorrow and this what im going to read for the exam, Great work here but I need more clarity. If necessary changes are not inserted in the constitution in view of the changes that take place with the march of time, the consequences may be very bad for country. Unfortunately, in such a scenario, a rigid set of laws make it very difficult to institute the necessary changes. However, the procedure for amending a rigid constitution may include a two third majority vote of members of the central government legislature, as well as a two-third majority vote in two-third of the state legislatures in such country, and sometimes ratification by the people in a referendum and so forth. MUST READ: Highest paying law firms in Nigeria 2020. To understand the Monarchical Constitution, you must understand that the monarchy is a government govern by a King, Queen, or Emperor. A rigid constitution is usually in writing or a written constitution whereas, a flexible constitution may be in written or unwritten form. You are already subscribed to our newsletter! ALSO READ: How to become a successful lawyer: 7 Important Qualities. This is especially true when people elect suitable leaders who represent their interests. 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. That is, a government with a heterogeneous population. 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. The U.S. Constitution, at roughly 7,000 words, is a model of brevity, and many constitutions in Western countries are only slightly longer. 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Notify me of follow-up comments by email. In light of the above, a democratic constitution is a constitution that allows the people to choose their leaders by way of election, or to reject such leaders and their programmes, when they are no longer serving the interests of the the people. Register or login to make commenting easier. In addition to parliamentary majority, some . The law improves the overall quality of decision making. This is one of the major criticisms of a flexible constitution. The word democracy is derived from a combination of two Greek words Demos meaning people, and kratia meaning rule or government. It is free from the perils of temporary popular passion. Types of Constitution: 1. 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. Following ar the types of constitutions: Written and unwritten constitutions; Rigid and flexible constitutions A unitary constitution is one of a kind of constitution that provides for the powers of government to focus on a single central government. 114-142 by Prof. G. W. Kanyeihamba ([emailprotected]). 4 It prevents the autocratic exercise of powers by the government 5 It is ideal for a federation. On the other hand, a rigid constitution has elaborate, and at times cumbersome, procedures that govern any amendments. 1. Some clauses in such documents depend on the judicial interpretation that, at times, might not be ideal. A good example of a country with a written constitution is the United States. (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.) It must also be a government formed and installed by the people. Joel Ivan, Thanks also I want to ask a question about functions of the constitution of the United republic of Tanzania of 1977 as ammended time to time, Explain classes of constitution Their sovereignty shall be expressed through their representatives elected in accordance with this Constitution and through their direct democratic It can result in an irresponsible executive. 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. Lengthiest Written Constitution 2. A unitary constitution provides for government power to be vested in a single central government. [1] [2] Nigeria has had many constitutions. But the government could fail to take decisions if the country concerned has a rigid constitution. Here are the main pros and cons of a presidential constitution. A rigid constitution is usually a written constitution, spelling out the powers and duties of the arms of government and the rights and duties of the constituent parts of the country and the individuals. subjected. She would tell us the the advantages, disagreement, criticism and even problems of every type of constitution. He also implement all the laws enact by the current parliament. An uwritten constitution is a type of constitution that is not contained in one single document. Any action you take upon the information presented in this article is strictly at your own risk and responsibility! It is the. Save my name, email, and website in this browser for the next time I comment. ALSO READ: Features of Democracy: See the major features of democracy. 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. 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. Rigid Constitution A rigid constitution may be defined as that constitution which cannot be amended or changed so easily because of its special stringent and cumbersome procedures of amendment. A flexible constitution is a constitution which can easily be amended or changed without a cumbersome procedure. A flexible constitution is, which can be easily amend or change without a complicate process. c. outlined in The Federalist Papers, issue V d. found in Article 3 of the U.S. In countries with low literacy levels and poor. 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. Nevertheless, a rigid constitution does not by itself guarantee the stability and continuity of a countrys constitutional law. 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. A constitution is considered nominal if it is largely or in substantial parts disregarded and does not provide insight into the real functioning of the political system. 3. It does not allay the fear of ethnic domination of the minority by the majority people or religion in a multi-ethnic country. On the other hand, the unwritten constitution evolves gradually as well as it is updated with a passage of time. Here are the main advantages and disadvantages of a federal constitution. The law makes it easier to make decisions since the people can supervise government at different levels. Democracy is a government of the people, who participate in government either directly, or through representatives. Lachesis: That is, constitutional practices which are not legal rules, but are accepted as binding by the British people. Here are the main advantages and disadvantages of a republican constitution. A Monarchical constitution is actually a dynasty where the monarch is succeeded by his or her child or other heir from generation to generation or from one ruling house to another. 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. Also read: what are the different sources of constitution, There are FIVE different types of Constitution, are as follows:-. It is formulated and adopted by a constituent assembly or a council or a legislature. A flexible constitution just like an unwritten and unitary constitution, is wholly suitable for a multi-ethnic, multi-religious or heterogeneous population. Blend of Rigidity and Flexibility 4. Continue With the Mobile App | Available on Google Play. Your email address will not be published. On the other hand, certain institutions of constitutional significance, including the system of political parties and judicial review of legislative and executive actions, are not mentioned in the written constitution. Tell me what you think about the differences between a rigid and flexible constitution highlighted here. The downside is that popular passion is influenced by emotion, not reason. The Federalist Papers, issue V d. found in article 3 of the differences between flexible and constitution! Lawyer: 7 Important Qualities highlighted here the overall quality of decision making you!, and the former Shah of Iran, Reza Palavi of powers by British! 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