Types of Constitution

SS1 GOVERNMENT

2nd Term

Types of Constitution

1.       Written Constitution: this is the type of constitution in which the fundamental principles concerning the organization of the political system and the powers of its various agencies are written down and codified in one single document. E.g. Nigeria. Merits of written constitution include: (1) proper documentation (2) clarity (3)ease of reference (4)it is obtainable as a single document (5) it ensures political stability. Demerits of written constitution: (1) it is not suitable for emergency situation (2) it is hard to ament to adapt to current situation (3)it hinders reforms (4)it contradicts the changing nature of reality.

2.       Unwritten Constitution: this is one in which the fundamental principles of the organization and powers of a government are not codified in one document. It is usually a combination of statutes, judicial principles, customs and conventions. Eg Britain. Merits of unwritten constitution: (1) it is flexible (2) it encourages developmental reforms (3) it reduces friction among the different units of government (4) it is suitable for emergency. Demerits of unwritten constitution: (1)it encourages arbitrary changes of laws (2) it may not be wholly known since it includes different conventions, statutes, customs etc. (3) no ease of reference (4) ambiguity (5)it is not suitable for a nation of heterogeneous cultures (6) one cannot ascertain an unconstitutional act

3.       Rigid Constitution: it is a kind of constitution that is very difficult to amend. It requires special process before it can be amended. Most rigid constitutions are rigid. Merits of rigid constitution: (1)the rights of individuals are not subject to arbitrary changes (2)political stability (3)it prevents dictatorship (4) it is a check against rash hasty decisions. (5) it is not open to manipulation by selfish politicians. Demerits of rigid constitution: (1)it delays rapid growth (2) it doesn’t give room to innovations (3) it may result in slow economic growth. (4)It may make dissatisfied citizens to resort to violent revolutions that may take lives and properties

4.       Flexible Constitution: this is a kind of constitution in which the method of amending the constitution is the same as that of passing an ordinary law. Thus, this type of constitution is easy to amend. The amendment can be done by a simple majority in the legislature. Merits of flexible constitution: (1) it can easily be changed to suit the changing situation (2) it aids quick decision making (3)obsolete laws can easily be replaced with new ones (3) it can easily meet the people’s needs. Demerits of flexible constitution: (1) it can easily be manipulated by selfish politicians (2) it is unsuitable to federalism because it endangers the autonomy of the subunits (3) it can bring about political instability (4)

5.       Unitary Constitution: in this kind of constitution, all political powers are concentrated in the central government. Other component units (state and local governments) have no constitutional power. However, the central government can delegate the local authorities, power to make policies peculiar to their localities. Features of a unitary constitution include: (1) flexibility (2) centrality of power (3)subordination of component units (4)undivided loyalty

6.       Federal Constitution: in this kind of constitution, political powers are shared among the three tiers of government, namely central, state and local governments. Since the power of each tier is clearly defined in and drawn directly from the constitution, then the autonomy of each unit is guaranteed by the constitution. Features of federal constitution: (1) it is written and rigid (2) powers are shared between the federal and the component units (3)it upholds the principle of separation of power of the arms of government (4) supremacy of the constitution (5) autonomy of the component units

Confederal Constitution: A confederation is a union of sovereign states, united for purposes of common action often in relation to other states. It is usually created by a treaty to deal with critical issues, such as defense, foreign relations, internal trade or currency, with the central government being required to provide support for all its members. A confederal constitution allows the confederating units to retain their sovereignty as well as an implicit right of secession. Unlike federalism, confederalism has a relatively week central government.