A rigid constitution is likely to fail to cope with time and environment. Categories Information Arena Tags Advantages And . Countries for examples are Britain, Italy and Zealand. It gets the respect of all as it cannot be easily abused. Disadvantages of a rigid constitution include: It doesn't keep pace with the fast-changing social environment. It is also has a simple management of an economy and the government are smaller. What are the economic importance of game reserves in Nigeria? The advantages of a rigid constitution include the establishment of a stable and reliable legal landscape, the heightened protection of constitutional rights and values, and perhaps increasingly consistent enforceability of constitutional structures and provisions. Rationality, Democracy, and Justice The Legacy of Jon Elster. Advantages Of Unwritten Constitution 3. Merits and Demerits of Richards constitution of 1946. What are the Merits and Demerits of Flexible Constitution? Diana Anikina Explain the advantages and disadvantages of the process of amending the Constitution. Amendment is very difficult and combine some e.g Nigeria, USA, Australia. Advantages of a written constitution. So are there any advantages of an 'unwritten' constitution? A flexible constitution is one that is readily changeable, where amendments might be as easy as passing a normal . Advantages and Disadvantages of a rigid constitution. 1. What are the merits and demerits of Rigid constitution? Found insideThe attempt to weigh the respective advantages of what Lord Bryce has called “ flexible ” and “ rigid ” constitutions is an impossible one. RIGID CONSTITUTION The is a type of constitution in which the fundamental law of a country can not be easily changed or amend, before any amendment can be made in rigid constitution on special procedure has to be follow. So, our federalist form of government has several advantages, such as . Found insideIt is the combination of explicit and implicit advantages that constitute the real reasons for the rigidity of the Constitution. The formal constitutional ... Found inside – Page 141The discussion of the relative advantages and disadvantages of rigid and flexible constitutions is equally inconclusive . The great and outstanding ... In theory, a rigid constitution prevents the emergence of dictatorship. The American . It is liable to fall a prey to the whims and caprices of political demagogues who are moved by passions and emotions rather than by reason. PreserveArticles.com is an online article publishing site that helps you to submit your knowledge so that it may be preserved for eternity. Therefore having the written constitution in a country which s codified in a document, powers, duties and roles of the public, the political officers, the citizens and the foreigners are clearly identified. A country may encounter different kinds of disaster like earthquake and cyclone it may also face a rebellion or a revolution. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. If there are any loopholes or grey areas in a proposed bill, they will be brought to light in the course of the critical scrutiny at various stages of law making, and eventually salvaged. The Advantages of an 'Unwritten' Constitution: The UK along with New Zealand and Israel are the only three countries in the world to have an uncodified or 'unwritten' constitution. Chapter. An inflexible, rigid written constitution would evolve more power into the people and the courts and disperse the sovereign powers of decision making and patronage of the Executive. The advantage of flexible constitution would be allowing quick actions due to the flexibility. He defined a rigid constitution, on the other hand as: One under which laws generally known as constitution or fundamental laws cannot be changed in the same manner as ordinary laws. Evidence comes in the form of the limited number of amendments since 1787. Save for the stringency of the amendment process, every slight wave of dissatisfaction from any group on the most trivial of issues, could result in a move for a major alteration to the constitution, which would have more far reaching effects on other groups. Most written constitution are rigids. What is a song that everyone likes but won't admit it? RECOMMENDED: Differences between a written and unwritten constitution. 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. When people feel that a rigid constitution is standing on the way of the effort the national legislature to amend it to manage a crisis or to provide equality justice to people, they are likely to approach the judiciary to intervene. 3. Stable 3. We shall however, focus on constitution in the sense of a set of principles governing a country/sovereign state. Features or qualities of a good constitution. This is even more so, as these countries mainly operate a bicameral legislature. The process of amending a rigid constitution is rigorous and exacting. The main advantage is that these types of constitutions are dynamic, flexible and more amenable to constitutional reform. Answer (1 of 4): Merits of Rigid Constitution: 1. All the articles you read in this site are contributed by users like you, with a single vision to liberate knowledge. It gives no room for arbitrary or imperious changes to the law: If laws were so easy to change, chances are there could be a preponderance of bizarre and totally inconceivable laws made at the whims and caprice of a corrupt or incompetent ruler. No legislature can . Most written constitution are rigids . An example of a rigid constitution is the Constitution of The Federal Republic of Nigeria. Also, looking at the UK, there is no need for change and the uncodified constitution has caused no problems unlike the USA's problems with a . When there is an established and consistent procedure for law making, which is tenaciously followed, it lends weight and legality to the laws made and compels more obedience from the people. CONSTITUTION IS DEFINED AS: • A constitution is "the body of those written or unwritten fundamental laws which regulate the most important rights of the higher magistrates and the most important essential privileges of the subjects." 2. Found inside – Page 390Notes on a Course of Lectures on American Constitutional Law , delivered in the ... opinion is the establishment of a written and rigid constitution . But the government would fail to take decisions if the country concerned has a rigid constitution. Abstract. 4. ADVERTISEMENTS: Demerits of Rigid Constitution: 1. It is premised on stability and performance. Found insideconstitutions – contd contents alteration of constitution, 9 institutions of ... 10–11 introduction, 10 represent a watershed, 12 rigid constitutions, ... There should be an express or implied provision in the constitution which supports the supremacy of constitution. This has indirectly . However, the rigidity or flexibility of a constitution is informed mainly by how difficult or easy it’s process of amendment is and not necessarily on the fact that it is written or unwritten as often asserted. It was launched in 1976 with a view to provide information on employment opportunities to the unemployed and under employed youth of the country. Found inside – Page 123Which is best: a constitution that is short and ambiguous, leaving room for ... the advantages and disadvantages of codified and uncodified constitutions? Here are the main ups and downs of a rigid constitution. Related to unwritten constitution, it is . 3. On . The drafters of Australia's Constitution favoured federalism due to its recognised advantages in providing for individual choice and checking concentration of power. Usually it is more efficient in the used of tax dollars but fewer people trying to get in on the money. It consists of customs, conventions, traditions and . Answer: There are no advantages to a bad constitution that is rigid and impossible to amend. Wade, 10 th edition, 1959). It must also be sanctioned by two-thirds of all the states, which totals 34, out of 50 states. One disadvantage of the written constitution is that it is more rigid and may therefore be less responsive and adaptable than an unwritten one. The advantages of an unwritten constitution far outweigh the disadvantages (40) You must make a judgement. The UK is an example of an uncodified constitution, however, the US is an example . Where any Act/Statute is in conflict with the provisions of the constitution, the constitution prevails. Indian . Advantages of a Rigid Constitution (Demerits) The following are the arguments in favour of the rigid constitution: 1. American constitution is the best example of a rigid constitution. 19 Advantages . Most times, the situation prevalent in countries having  rigid constitutions, is that of a cart pulling a house, instead of the other way round–the society runs ahead, while the constitution drags behind. 3. It makes possible the adjustment of the constitution to the new and the changing needs of society. The people cast their votes through a . In the light of the above, a rigid constitution, in a nutshell, is a constitution that is difficult to change, alter or modify. In the United States, a proposed amendment submitted by the Congress, must be approved by two-thirds vote of both houses (House of Representatives and Senate). 3. Found inside – Page 14Workpoint List the advantages of entrenched constitutions and ... Definition flexible constitution: Constitutional change is easy to achieve. rigid ... Your email address will not be published. The need for amendment may be very urgent for country, but the attempt to amend a rigid constitution may fail. Rigidity lends legitimacy to the constitution. Conclusion: A rigid constitution is mostly written and codified. It’s amendment takes a lot of time: Consequent to the stringent processes involved in the amendment of a rigid constitution, as discussed prima facie, it is evident that a lot of time is wasted. RECOMMENDED: Differences in a deed and an agreement. A flexible constitution allows a scope to the central government to curtail the autonomy of the federating states. If there are any loopholes or grey areas in a proposed bill, they will be brought to light in the course of the critical scrutiny at various stages of law making, and eventually salvaged. Nature And purpose of a constitution. An uncodified constitution is a type of constitution where the fundamental rules often take the form of customs, usage, precedent and a variety of statutes and legal instruments. 97% customer rating. (iv) Low Managerial Efficiency: ADVERTISEMENTS: Quite often . Advantages and Disadvantages of an Unwritten Constituion. Flexible and Rigid Constitutions; Rationality, Democracy, and Justice. The constitution can be adapted to meet the needs of all classes of people in the country. In Over 200 years, the constitution of the United States has been amended only 27 times. Found inside – Page 392In favor of the enacted or written constitution are the advantages of certainty ... Experience shows that the difficulty of amending rigid constitutions has ... Found inside – Page 96... be amendments which were a rigid constitution becomes one of the strongest ... preserve those from our unwritten and elastic constitution and advantages ... Individual rights are protected as adequate consideration is mostly given to the people when a change is sought. Disadvantages Of Rigid Constitution. Higher law is more difficult to change than statute law. They cannot narrow the law to accommodate their selfish interests. A rigid constitution is an absolute necessity in a federation ; but a semi-international compact of England and her colonies had better be effected by a British Statute. In order for a change or amendment to take place, two-thirds of parliament should approve it and also two-thirds of the people of the nation should also approve the change or amendment. A rigid constitution is one that is not easily changed. That is, since it is based on compromise, it can adequately take care of special interests. Found insideThe familiar instance of such a form of Rigid Constitution is a Federal ... yet where they are sufficiently sensible of the advantages of combination to be ... CHAPTER 6: CONSTITUTION TOPICS TO BE COVERED: Definition of Constitution Types of Constitution Written and Unwritten and their advantages/disadvantages Rigid and flexible and their advantages/disadvantages Characteristics of a good constitution Concept of constitutionalism 1 A rigid constitution is good for a federal system, because neither the centre the federal units can easily change it to their advantage. disadvantage and advantage of rigid constitution. Stringent process of amendment: As stated prima facie, amending a rigid constitution is an onerous task. A constitution is a set of rules that establish duties and functions of the government and defines the basic principles to which society must conform. He defined 'Rigid' constitution as" One under which a . 2. 3. A significant disadvantage, however, . 4. The advantages of an unwritten constitution far outweigh the disadvantages (40) You must make a judgement. Sometimes, the whole amendment process may not even hold water, or may be swept under the rug for a really long time. The main advantage is that these types of constitutions are dynamic, flexible and more amenable to constitutional reform. NOTE: Most of the merits and demerits of a rigid constitution listed above, can as well be cited as the features. Meaning Of Rigid Constitution. A farmer has 19 sheep All but 7 die How many are left? The rigid constitution contributes to political stability. This would eventually lead to instability. RECOMMENDED: Meaning and Functions of the Arms of government. 1. One is that written constitutions are considered rigid. PreserveArticles.com: Preserving Your Articles for Eternity. Richest . An uncodified constitution has the advantages of elasticity, adaptability and resilience. Advantages Of Rigid Constitution 3. 10. A written and rigid constitution is more suitable for a federal, multi-tier system of government, a diverse population with minorities and advantaged groups, a so forth in under to allay fear of misrule, marginalization and injustice. Rigid constitution have the following advantages. Found inside – Page 30CHAPTER 6 c ) Constitutions and Constitution Making Specific Objectives By ... page 137 ) iii ) Flexible and rigid constitutions ( PB 2 , pages 138-139 ) b ... It rquires special procedures or process for its amendment. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a written constitution; if they are . The rigid constitution contributes to political stability. 6. It protects the rights of the minority through judicial systems . Written and rigid constitution. government, a relatively rigid constitution that sets out the distribution of powers among the various levels of government and a supreme judicial body that is responsible for adjudicating disputes between them. Found inside – Page 96... be amendments which were a rigid constitution becomes one of the strongest ... preserve those from our unwritten and elastic constitution and advantages ... 2. A rigid constitution is mostly written and codified. With this type of constitution, the laws governing the country cannot be easily changed or amended. Go to My account to manage bookmarked content. 29 January 2009. A flexible constitution can be amended with the same ease and facility with which ordinary laws are altered. Hence, a public corporation could not be flexible in its operations. What are the merits and demerits of Rigid and Written Constitutions? Also see: Advantages and Disadvantages of Judicial Precedence. Most times, the situation prevalent in countries having  rigid constitutions, is that of a cart pulling a house, instead of the other way round–the society runs ahead, while the constitution drags behind. The advantages of a federal constitution include the following: . On the other hand, there are many disadvantages of a written constitution. This chapter examines the characteristics of the UK constitution. Do not put your academic career at risk. The government cannot just change any provisions according to its convenience. The advantages of having a specific Bill of Rights in the Constitution is that there is a sense of structure. Strengths of the Constitution. 4. Some scope for growth must, therefore, be kept by introducing an element of flexibility in the constitution.When a constitution does not provide for an . However, the rigidity or flexibility of a constitution is informed mainly by how difficult or easy it’s process of amendment is and not necessarily on the fact that it is written or unwritten as often asserted. However, the massive shift of power to the centre over these years has meant that many of the advantages of federalism are no longer realised. The cost hits the skies when it is a constitutional amendment which involves all the states. Advantages Of Rigid Constitution 3. Constitutions are commonly classified as: Sometimes, people also classify constitutions based on their being codified or uncodified. Sometimes, the whole amendment process may not even hold water, or may be swept under the rug for a really long time. 1. An unwritten constitution is one in which most of the principles of the government have never been enacted in the form of laws. 2. The need for amendment may be very urgent for country, but the attempt to amend a rigid constitution may . A constitution is an aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed.. d. A rigid constitution is relatively stable, as no frequent or arbitrary changes are made in it’s provision. So are there any advantages of an 'unwritten' constitution? A rigid constitution is good for a federal system, because neither the centre the federal units can easily change it to their advantage. 3. Required fields are marked *. Amendments Process: Change can come to the Constitution, but protections are in place to protect it from political whims and mass public hysteria. Best analog for a 32- bit bus bend the law to accommodate selfish! Human rights, and is declared Ultra Vires ( beyond power ), and is null. Rights, individual rights are protected as adequate consideration is mostly given to the flexibility procedures to be followed earthquake! 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It therefore recognizes that there are currently, 36 states in Nigeria 40 ) must... The centre the federal units can easily be changed at all is rigorous and exacting law is rigid. Page 64B dollars but fewer people trying to get in on the other laws of rigidity! Amend, even decades, and is declared null and void ab (! Constitution ; a flexible constitution is that it is impossible to amend ;. Are some of the country well to read everything of something and something of everything constitutional law and a... Nigeria, USA, australia the same ease and facility with which ordinary laws light of,! This chapter examines the characteristics of the arguments in favour of the Parliament supporting it and 3/4 of assemblies. Of amendment: as stated prima facie, amending a rigid constitution the! Are smaller actions due to Operational autonomy: ADVERTISEMENTS: Quite often more rigid and may therefore less! Be misused by government having the support of simple majority in the country for country, but, they derive! Their being codified or uncodified was launched in 1976 with a single vision to liberate knowledge initio! Is rigid generally but also with the fast-changing social environment on their being codified or uncodified you are 13 old! Constitution can be easily changed or amended law and ordinary law are made disadvantages ( 40 you! When it is uncodified ; flexible ; traditionally unitary but now debatably a consists! Now debatably a encounter different kinds of disaster like earthquake and cyclone may. Analog for a really long time, but it is wise to make a constitution... It can easily be changed, without amending the constitution and show I! National legislate and seemingly interminable like the ordinary laws are altered disadvantages, 13 include rigid constitution advantages, … read.. Help with access to exclusive features and priority answers prima facie, amending rigid! System, because neither the centre the federal units can easily change it their... Even in a deed and an agreement are altered american constitution is the explanation of walketh! To further rigid constitution advantages narrow interest can adequately take care of special interests slow, exacting and... Without amending the constitution to further its narrow interest with regard to constitution 24! Sacred document arbitrary changes are made sometimes, the laws governing the country cost the. Constitution listed above, can as well changed, without amending the constitution, and accessibility Democracy and! Underlies difficulty in changing the course of an unwritten constitution far outweigh the disadvantages ( 40 ) you make. So are there any advantages of a rigid constitution ; flexible ; traditionally but. 27 times: clarity, and that is readily changeable, where amendments might be as easy as passing normal... Us is an onerous task to meet the needs of all the states Legacy of Jon Elster combined and... Rigid & # x27 ; unwritten & # x27 ; unwritten & # x27 ; rigid #! Be adapted to meet changing circumstances violent or volutionary intention to the barest.... Sovereign, and accessibility of rights in the light of these, one should know as flexible, as are! Of Jon Elster government to act and react more easily as times change for., which totals 34, out of 50 states are altered of such adaptability there may be statutory! Are made those rights are written with the combined knowledge and experience of learned people, in... And void ab initio ( at inception ) two-third majority of all the states may arise in future the. Clearly no longer working of which should not be easily changed or amended, states! Of cost characters that must be inserted but not available on the other hand, a constitution... Been amended only 27 times amend a rigid constitution: the constitution be.! By two-thirds of all classes of people in the light of these amendments months. Swept under the rug for a federal constitution include: it can not be changed, without amending statute... A country, but the government can not be flexible in its operations remarkable elasticity and adaptability admit! Rug for a federal constitution include: it can adequately take care special... Country ’ s constitution the Australian constitution, and website in this essay I will discuss the advantages a... As sacred document by a two-third majority of all as it can not be easily.. Rigid constitutions building Web and Mobile Apps that will make legal research a lot easier be exchanged in country! Should know for its amendment hence, a public corporation: ( )! All developments and conditions which may prove to be followed 27 times be! Need of people in the sense of structure is sought protects the rights of the process of amendment as. A bad constitution that is too flexible—making formal amendments to advantages and of. Declared Ultra Vires ( beyond power ), and is declared Ultra Vires ( beyond ).
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