The constitution can be written, unwritten, rigid, or flexible. Every type of Constitution has its own advantages and disadvantages. Given below are the four kinds of constitutions with their merits and demerits.
- Written Constitution– A written constitution is normally supposed to mean a document or collection of documents in which the basic rules regarding the main organs and institutions of governments are clearly laid down.
Merits of a written Constitution: –
- The most important merit of a written constitution is that it is very definite. There is no uncertainty. The constitution provides all fundamental principles in written and people can refer to it as and when they want. As the powers and organization of the various organs are well defined, there is very little scope for confusion and disputes. If a dispute arises it can be referred to the Judiciary.
- As written constitution is drawn with great care and after long deliberation. It means it is the result of experience and knowledge. There is no place for temporary emotion and hasty decision.
- A written constitution protects the rights of the individuals. Rights are incorporated in it making them superior to the ordinary law and saving them from being change by different government from as they wished.
- It checks the constitution from being twisted and turned according to popular whims and emotions. This gives a guarantee of stability.
- A written constitution is stable and guides through difficult situation. It is more suitable for emergency periods.
- For a federal government written constitution is more suitable because there is provision for the central and state power separately.
Demerits of a written Constitution: –
- Generally, Written Constitution are difficult to amend, thus intercluding rigidity and Conservatism.
- In a written constitution, Judiciary is quite conservative and interpretations are merely to see whether a law follows the constitution or not. This might strangle a nation, which needs to change according to the times.
- It tries to encompass all rules and ideals of a nation, which may not be suitable for all the ages. Thus, the future growth may be neglected.
- It sometimes becomes too exhaustive leading to legal Jugglery.
2. Un-written Constitution– An unwritten Constitution reflects the evolutionary nature of free documentation of the rules and regulations. First, they are practiced, and then by continuous practice, they become part of the constitution. The Constitution of Britain is the best example of an Un-Written Constitution.
Merits of an unwritten Constitution: –
- They are quite easily adaptable to changing circumstance. Law can be added as and when required. There is no limitation of any pre-documental constitutional law. Thus, they are progressive.
- They are flexible and people can bring about changes without undertaking revolutions. As these Constitutions evolve themselves with the changing time, public opinion finds suitable place in constitution and it terminates possibility of revolution.
- It can undergo changes without basic framework being sidelined. This is useful especially in case of unforeseen situation.
- Historically, they scan to stand the test of times and keep up the traditions of a nation state as it is said about the British Constitution that it has Un-Broken history.
Demerits of an unwritten Constitution: –
- The serious defect of an unwritten constitution is that it is vague and indefinite
- Common man may not understand the constitutional system of the country. He cannot refer to any documents in which he can find all that he requires to understand the structure of the government of his country.
- An unwritten constitution requires a very high degree of political consciousness among the people to understand its spirit, and ordinarily that is not easy to find.
- Sometimes unwritten constitution is quite unstable
- The judiciary may play more role then warranted. It becomes the playthings of Judicial Tribunals. The Judiciary can interpret the unwritten laws as it suited to its desire and will.
3. Rigid Constitution– Rigid Constitution are these, which require a special procedure for the amendment. The constitution of USA, Australia and Switzerland are the best example of a rigid Constitution. The rigid constitution is above the ordinary law and can be changed by a procedure, which is different from the procedure of ordinary law, this making it difficult to change.
The objective is the emphasis that the constitutional law embodies the will of the sovereign, and it should be treated as a sacred document.
Merit of Rigid Constitution: –
- A rigid constitution possesses the qualities of stability and performance. A Rigid constitution is essentially a written constitution which is the creation of experienced and learned people. Thus, it is symbol of national efficiency. People regard it as a sacred document and they are ready to work according to its provisions.
- A rigid Constitution safeguards legislative violation, constitution should not be a plaything in the hands of legislatures.
- A rigid constitution safeguards fundamental rights effectively.
- A rigid constitution protects the rights of Minority.
- A rigids constitution is free from dangers of temporary popular passion. Because of complex amendment procedure the constitution may not be swept away by the emotions of the people which in most of the cases are not based on wisdom and reasoning.
- A federal setup of Government essentially needs a rigids constitution for the safety of the rights of the units as well as for the strength and integration of the federation.
- Under rigid constitution units of a federation feels secure and at the same time there is a check on their activities also in order to stop them from violating each other’s jurisdictions.
Demerits of Rigid Constitution: –
- Sometimes changes in the Constitution because inevitable but a rigid constitution cannot be amended easily.
- The Framers of constitution have hardly foreseen the future. A rigid Constitution is not suitable for a progressive nation where changes takes places frequently.
- Under the rigid constitution, the main concern of the judiciary is to see whether the law obeys the provisions of the constitution or not.
4. Flexible Constitution- In Flexible constitution, there is no distinction between ordinary law and constitutional law, both are also same. In this type, the Constitution may be written or mainly based on agreements.
The amendment of the flexible constitution requires no special procedure. The Constitution of Britain is a classic example of a flexible constitution.
Merit of Flexible Constitution: –
- A Flexible Constitution can be amended with the same case and facility with which ordinary laws are amended. It makes possible the adjustment of the constitution to be changing needs of the society.
- A flexible constitution can easily adopt the needs of people with change of time because of its elasticity. When the demands of the people are fulfilled by the constitution there is hardly any chance of revolution.
- A flexible constitution is very useful for developing a country, because it is a great expression of its development. It does not hinder progress due to its adaptability. At the same time it protects the basic principle of the constitution.
- A flexible constitution is based on the sound assumption of some sociopolitical changes and premise that there cannot be a perfect constitution for all times, to tackle the socio political changes.
- Flexible constitution is sphered by the conventions of national life. It represents the historical continuity of the nation’s life and incorporates changes within itself.
- A flexible constitution can claim to feel the pulse of public opinion. It represents the mind of people.
Demerits of Flexible Constitution: –
- Due to its flexible nature the constitution keeps on changing. The constitution may be changed just to satisfy the people who are in majority ignoring the welfare of minority.
- It fails to provide a stable system in administration, which results in the poor performance of the government.
- When the procedure of amendment is simple and easy, it is liable to be seriously affected by the changing popular passion. And popular passions are guided by emotions, not by reasons. These decisions, which are based on emotions, any disturb the harmony and balance of the nation.
- It may divide the society and there may be a possible threat to the integration of the nation itself.
- Flexible Constitution is not suitable for a federal system, because the right of constituent units are not guaranteed due to flexible nature of constitution.
