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). Are rice grains and flour will form heterogeneous? What is the advantage and disadvantage of federal state? Found inside – Page 135The constitution of the U.S. A. is a classic example of rigid constitution . ... and Rigid Constitutions : The following advantages are claimed in favour ... C6 constitution 1. What is a song that everyone likes but won't admit it? It has very complex amendment procedures: A flexible constitution can be adjusted as per the changing needs of the people and society. 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 ... The first and second editions of Constitutional Odyssey, published in 1992 and 1993 respectively, received wide-ranging praise for their ability to inform the public debate. This third edition continues in that tradition. Nature And purpose of a constitution. What are the advantages and disadvantages of unwritten constitution? 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. An unwritten constitution is one in which most of the principles of the government have never been enacted in the form of laws. Countries that have rigid constitution include U.S.A, … Read more. Disadvantages of a rigid constitution include: It doesn't keep pace with the fast-changing social environment. Usually it is more efficient in the used of tax dollars but fewer people trying to get in on the money. On . The ruling class cannot use the constitution to further its narrow interest. Found inside – Page 20As to the manner of amending them : 3.1 Rigid or inelastic - Because of the ... Advantages : Clarity , definiteness and stability -A written constitution ... 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. 4. 11. If you are 13 years old when were you born? 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. Privacy Policy 3. FLEXIBLE CONSTITUTION: In a flexible constitution there is no distinction between ordinary law and . 4. Under this scheme there are two types of constitution.-flexible and rigid. American constitution is the best example of a rigid constitution. 1. The process is often slow, exacting, and seemingly interminable. Demerits of Rigid Constitution: The most serious flaw of a rigid constitution is that it cannot swiftly bend to meet some exigency. TOS The process is often slow, exacting, and seemingly interminable. 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. It must also, be approved by a two-third majority of all the state houses of assembly. A flexible constitution can be amended with the same ease and facility with which ordinary laws are altered. The independence constitution (1960-1962): the first and second Lancaster House conference; 12. Rigidity infers inflexibility, stringency, rigorousness. The advantages of an unwritten constitution far outweigh the disadvantages (40) You must make a judgement. Such provision is declared Ultra Vires (beyond power), and is declared null and void ab initio (at inception). Found insideIn general terms it follows that a rigid constitution will normally be more ... There may be certain advantages attached to this type of arrangement in that ... As the procedure of amendment of a rigid constitution is very difficult, it c problems for the country. Chapter references . For the purpose of this article, however, we shall dwell specifically on the rigid constitution, bringing to fore, it’s features, merits and demerits. The process of amending a rigid constitution is rigorous and exacting. All the articles you read in this site are contributed by users like you, with a single vision to liberate knowledge. In the absence of such adaptability there may break out violence and revolution. So are there any advantages of an 'unwritten' constitution? Higher law is more difficult to change than statute law. Advantages and risks On the one hand, a constitutional amendment process that is too rigid—making formal amendments too difficult—will prevent necessary reforms, ultimately resulting in a constitution that loses both functionality and legitimacy. Found inside – Page 179Power and Uncertainty in Constitutional Design Louis M. Imbeau, Steve Jacob ... amendments of the pre-1975 constitutions may be the rigid constitutional ... Found inside – Page 135The attempt to weigh the respective advantages of what Lord Bryce has called “ flcxible ” and “ rigid " constitutions is an impossible one . VIP services available. 29 January 2009. 4. Limited possibility of conflict because the distribution of power is clearly stated 4. John Jackson. As stated prima facie, amending a rigid constitution is an onerous task. PreserveArticles.com: Preserving Your Articles for Eternity. Found inside – Page 9Advantages 1. Rigid constitution gives stability to the country . 2. Rigid constitution is durable in nature i.e. , it gives durability . 3. Rigid Constitution Law and Legal Definition Rigid Constitution is a constitution embodied in a special and distinct enactment, the terms of which cannot be altered by ordinary forms of legislation. Rigid Constitution is a constitution which stands above the other laws of the country, while flexible constitutions do not. 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. PreserveArticles.com is an online article publishing site that helps you to submit your knowledge so that it may be preserved for eternity. Before publishing your Article on this site, please read the following pages: 1. Found insideconstitutions – contd contents alteration of constitution, 9 institutions of ... 10–11 introduction, 10 represent a watershed, 12 rigid constitutions, ... There may be other statutory provisions existing in a country, but, they all derive their validity from the country’s constitution. In this essay I will discuss the advantages and disadvantages of an unwritten constitution and show that I agree with this statement. 3. 2. The government cannot just change any provisions according to its convenience. Archaic Provisions: Some of the 18th Century provisions are no longer applicable in a modern society and are difficult to change such as the . Advantages Or Merits Of Rigid Constitution. 1. 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. Here are the main ups and downs of a rigid constitution. Related to unwritten constitution, it is . This chapter examines the characteristics of the UK constitution. Found inside – Page 5A Rigid Constitution is one which cannot be amended by the same proceșş aş iş required to pașş an ordinary ... The Rigid Constitution has some advantages . • • • •. It is impossible to foresee all developments and conditions which may arise in future at the time of framing the constitution. 2. It underlies difficulty in changing the course of an event, an existing way of doing things, norms, principles, etc. Elite and aristocratic members of the society can not easily bend the law for their own aggrandizement. (2) Instrument in the hands of the Judges: A flexible constitution becomes a plaything of judicial courts . A flexible constitution is said to be in a state of perpetual flex and it is less stable than a rigid constitution because it can be easily amended. 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. Advantages of Unwritten Constitution. 15+ years experience in academic paper writing assistance. 2. The cost hits the skies when it is a constitutional amendment which involves all the states. 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 . Stringent process of amendment: As stated prima facie, amending a rigid constitution is an onerous task. 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. It is a source of hindrance during emergencies. An example of a rigid constitution is the Constitution of The Federal Republic of Nigeria. A relatively stable polity: 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. Found inside – Page 32Flexible v rigid constitution Flexible constitutions are rare . ... Advantages and disadvantages of the differing arrangements in the two countries ... This exposes the constitution to judicial intervention. Advantages and Disadvantages of a rigid constitution. Distinction between constitutional law and ordinary law; Parliament itself was created and functioning with regard to constitution. Trust me, it will educate you. 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 following are some of the arguments against a rigid constitution: 1. There may be a process for it, but it is generally burdensome or perhaps simply cannot be changed at all. The Unwritten Constitution . Weaknesses of the Constitution. One is that written constitutions are considered rigid. They . Unless the federal structure . It cannot be misuse. It cannot be changed, without amending the Statute of its formation. Advantages of a Rigid Constitution (Demerits) The following are the arguments in favour of the rigid constitution: 1. This is defined as a constitution which is very difficult to amend. Chapter. Recommended: Salary of lawyers in the United States of America. Disclaimer The advantages of an unwritten constitution far outweigh the disadvantages (40) You must make a judgement. Aa Reduce text; Aa Enlarge text . Diana Anikina Explain the advantages and disadvantages of the process of amending the Constitution. He defined 'Rigid' constitution as" One under which a . Main provisions of the independence constitution of Kenya.. 13. What are the characters that must be inserted but not available on the keyboard. The advantages of an unwritten constitution far outweigh the disadvantages (40) You must make a judgement. A flexible constitution is one that is readily changeable, where amendments might be as easy as passing a normal . Found inside – Page 135The attempt to weigh the respective advantages of what Lord Bryce has called “ flexible " and flexible " and " rigid ” constitutions is an impossible one . The terms 'Rigid' and 'Flexible' were used by Dicey (The Law of the Constitution, ed. A farmer has 19 sheep All but 7 die How many are left? So are there any advantages of an 'unwritten' constitution? Special Judiciary: In a federation, there are possibilities of constitutional disputes arising between the . Most written constitution are rigids. Found inside – Page 86( 3 ) A flexible constitution is a better instrument for tackling emergency than a rigid one . We have practical experience of the advantages of a flexible ... In a country like Nigeria, for instance, for a modification to the constitution to be effected, it must be passed by a four-fifth majority of all the members of both the Senate and the House of Representatives, i.e The National Assembly. Although the most flourishing democracies base their institution on a written constitution, however British constitution should not be tampered as it has served Britain . Answer: There are no advantages to a bad constitution that is rigid and impossible to amend. The drafters of Australia's Constitution favoured federalism due to its recognised advantages in providing for individual choice and checking concentration of power. The inflexible constitution. The rigid constitution contributes to political stability. FLEXIBLE AND RIGID CONSTITUTION: Bryce has suggested that the classification of the constitution should be based on the method of amendment to the constitution and its relation to the ordinary or statutory law. The rigid constitution, being precise and clear, discourages and combats arbitrary. A legal entity could be a country/sovereign state, an organization, etc. Do not put your academic career at risk. Flexible constitutions, in contrast, allow the constitution and the government to act and react more easily as times change. RECOMMENDED: Differences in a deed and an agreement. A flexible constitution can be written or unwritten, and it is completely different from a rigid constitution, which a flexible constitution can be changed easily without tight and troublesome procedures. Found inside – Page 14Workpoint List the advantages of entrenched constitutions and ... Definition flexible constitution: Constitutional change is easy to achieve. rigid ... The main features of the UK constitution is that it is uncodified; flexible; traditionally unitary but now debatably a . Notify me of follow-up comments by email. In the light of these, one should know that amending a rigid constitution is no walk in the park. It consists of customs, conventions, traditions and . It hinders the process of social development because of its inability to change easily. Found inside – Page 339restrictions on constitutional amendment should not be removed ? ... of the last half - century have endorsed the advantages of a rigid constitution . This written constitution can be easily accessible by all in the country. 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. Found inside – Page 514... 462 constitution, supremacy legislatures as subordinate law-making bodies 80–1 rigid constitution 79–80 written constitution 79 development (1885–1914) ... Rigidity of constitution places a constraint on the legal development of a political entity. The U.S. Constitution, which cannot be changed without the consent of three-fourths of the state legislatures or through a constitutional convention, is of this type. The following are the features of a rigid constitution: c. Owing to it’s codified nature, it is usually clear and precise. Effingham County Rebels Mascot, Is Lax Open, Corroborating this definition, Politics.co.uk defines a written constitution as a formal document defining the nature of the constitutional settlement, the rules that govern the political system and the rights of citizens and governments in a codified form. On the other hand, there are many disadvantages of a written constitution. The advantages of a federal constitution include the following: . A rigid constitution is mostly written and codified. NOTE: Most of the merits and demerits of a rigid constitution listed above, can as well be cited as the features. The . 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. In the light of the above, a rigid constitution, in a nutshell, is a constitution that is difficult to change, alter or modify. Countries for examples are Britain, Italy and Zealand. Laws made on whims and caprice, or without thorough following of processes, laws which can be changed or replaced very easily, may not be considered by the people as having much legitimacy, and consequently, does not command much obedience. What is the best analog for a 32- bit bus? In this essay I will discuss the advantages and disadvantages of an unwritten constitution and show that I agree with this statement. Advantages Of Unwritten Constitution 3. Rigid Constitution is a constitution which stands above the other laws of the country, while flexible constitutions do not. In a true democratic dispensation, the constitution reigns supreme. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. John Jackson (London, Mishcon de Reya ): In his post yesterday, Stuart Weir referred to the ruling classes 'self- defeating insistence . RECOMMENDED: Differences between a written and unwritten constitution. Advantages of a Rigid Constitution (Demerits). The benefits of a flexible . Abstract. But the government would fail to take decisions if the country concerned has a rigid constitution. Guarantee of Fundamental Rights: A written constitution gives a definite guarantee regarding the . Richest . Found inside – Page 8Advantages 1. Rigid constitution gives stability to the country . 2. Rigid constitution is durable in its nature i.e. it gives durability . 3. A rigid constitution is likely to fail to cope with time and environment. Found insideParliamentary conventions 112 Parliamentary sovereignty 112 Rigid 111 Rule of ... What might be some advantages and disadvantages of a rigid constitution? The disadvantage of a flexible constitution is that it means whatever your opponents want it to mean, as well. 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. Search within full text. To conclude, I disagree that the advantages of a codified constitution outweigh the disadvantages as a constitution should be allowed to evolve by itself and over time with the times, not just be rigid and inadaptable as in a codified constitution. Sometimes, the whole amendment process may not even hold water, or may be swept under the rug for a really long time. It protects the rights of the minority through judicial systems . Advantages Of Rigid Constitution 3. A rigid constitution is good for a federal system, because neither the centre the federal units can easily change it to their advantage. 5. It provides for only careful and perpetually beneficial decisions: A rigid constitution gives no room for hastily made decisions which may prove to be lethal or cankerous in the long run. 6. It cannot be misused by government having the support of simple majority in the national legislate. 2. 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. disadvantage and advantage of rigid constitution. Written and rigid constitution. On . It is regarded as a sacred agreement, the spirit of which should not be easily violated. The advantages of an unwritten constitution far outweigh the disadvantages (40) You must make a judgement. Majorly Flexible, however, there can be instances where even the written Constitution is rigid: The Parliament is supreme in a country where there is an unwritten constitution: The Constitution is supreme The judiciary has limited powers: The Judiciary has more power in order to ensure constitutional supremacy: The Magna Carta can be considered the earliest form of the unwritten constitution . The need for amendment may be very urgent for country, but the attempt to amend a rigid constitution may . 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. Some of these amendments took months to finalize, others took years, even decades, and that is a whole lot of time! 100% original writing. The advantages of having a specific Bill of Rights in the Constitution is that there is a sense of structure. This is even more so, as these countries mainly operate a bicameral legislature. One disadvantage of the written constitution is that it is more rigid and may therefore be less responsive and adaptable than an unwritten one. A rigid constitution can not be exchanged in the same way ordinary law are made. There are two main contexts in which federalism may be considered. Found inside – Page 339See also Rigid Constitution; Sovereignty. ... that systems that appear from a distance to have advantages may, on closer inspection, demonstrate weaknesses. It was launched in 1976 with a view to provide information on employment opportunities to the unemployed and under employed youth of the country. The constitution can be adapted to meet the needs of all classes of people in the country. Merits and Demerits of Richards constitution of 1946. a) Since the procedures of amending a constitution are clearly spelled out, it is not easy for politicians or other interest groups in the society to alter it. In Over 200 years, the constitution of the United States has been amended only 27 times. It gets the respect of all as it cannot be easily abused. Found inside – Page 182Thirdly a rigid constitution can be made for all kinds of people and thus a ... types of constitutions have their respective advantages as we have seen them ... The US Constitution is often described as being 'rigid' because the rules in protection established by the Constitution are entrenched. This has indirectly . The advantages are the written constitution possesses the attribute of certainty, clarity, and accessibility. .KA5- Advantages and disadvantages of codified constitution in the UK A constitution is the system of beliefs and laws by which a country, state, or organization is governed. 2. Australia's federalism is clearly no longer working. (iv) Low Managerial Efficiency: ADVERTISEMENTS: Quite often . Chapter. (Dicey, Introduction to the Study of the Law of the Constitution, 1885) A further subdivision of 12 rigid constitution is based on whether the special amending procedure is the sole power of the legislature or . What are the merits and demerits of Rigid and Written Constitutions? 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 . Disadvantages of an unwritten constitution. A rigid constitution cannot be adjusted according to the changing needs of the society. Rigid Constitution; A flexible constitution can be amended with great ease, just like the ordinary laws. Found insideHow blessed we are to be free of the rigid legalism which blights the lives ... that we exchange the inestimable advantages of a well-ordered constitutional ... It reduces violent or volutionary intention to the barest minimum. Stable 3. For example, there . Unwritten Constitution. It must also be sanctioned by two-thirds of all the states, which totals 34, out of 50 states. A rigid constitution protects the fundamental rights of the individual. Save my name, email, and website in this browser for the next time I comment. Other examples are: The Constitution of the United States of America, The Australian Constitution, and The Constitution of Switzerland. The rigid constitution, being precise and clear, discourages and combats arbitrary 2. Features or qualities of a good constitution. Advantages Of Rigid Constitution 3. 1. Your email address will not be published. Sometimes, the whole amendment process may not even hold water, or may be swept under the rug for a really long time. Amendment of the constitution involves about two-third (2/3) of the Parliament supporting it and 3/4 of state assemblies equally supporting it. Get unlimited, ad-free homework help with access to exclusive features and priority answers. Statism and regionalism - People often pay loyalty more to their . This sums up to at least, 24 states, as there are currently, 36 states in Nigeria. 19 Advantages . d. A rigid constitution is relatively stable, as no frequent or arbitrary changes are made in it’s provision. Laws made on whims and caprice, or without thorough following of processes, laws which can be changed or replaced very easily, may not be considered by the people as having much legitimacy, and consequently, does not command much obedience. It is said that the French Revolution of 1789 broke out because the evils in . Flexible discount policy. 1. 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. disadvantage and advantage of rigid constitution. Required fields are marked *. A flexible constitution allows a scope to the central government to curtail the autonomy of the federating states. It is also has a simple management of an economy and the government are smaller. The cost of law making is more exorbitant in countries that have rigid constitutions. A rigid constitution is compared to garment made to fit a child's body without any regard to its physical growth. 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. Disadvantages Of Unwritten Constitution Meaning Of Unwritten Constitution Written constitution is the type of constitution where the whole body of fundamental laws, customs, convention (official agreement), principles, rules and regulations according to which a particular government of a country operate are not written down in a single document. 9. What are the features of a 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 iiA starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, ... The ruling class cannot use the constitution to further its narrow interest. As times change the first and second Lancaster House conference ; rigid constitution advantages be lethal or cankerous in the same and. Stability in a country because of the Judges: a rigid constitution is very difficult, can! The function of resorcinol in the United states of America, the whole amendment process may not hold! 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