Government JAMB

A constitution that requires a plebiscite or a referendum to be amended is ________?

A. rigid
B. unwritten
C. flexible
D. written

Correct Answer:

Option A – rigid

Explanation

There are only two types of constitution (Written and unwritten) why “rigid, flexible” are under methods of amendment

A written constitution is a document or set of documents establishing the selection of rules embodied in a document in which the fundamental principles concerning the organization of a political system, powers of its various agencies are written down and codified. E.g USA’s constitution (1789). This same constitution tells by itself the method of an amendment that suits.

The unwritten constitution is the one in which ( those aforementioned in the written constitution as codified and in a single book) are not in one document. Do you understand? It is usually a combination of statutes, judicial principles, customs, and conventions that guide the operation of the government. The constitution of Great Britain is a good example. Britain had left different parts of their constitution without bringing them together(unwritten) to classify or codify them into a coherent whole. For example, the Magna Carta Act of 1215, the Bill of Rights of 1689, Reform Act of 1832, Parliaments Acts of 1911 and 1949 respectively are parts of the British constitution that were written down but not codified in one document. So when you hear “Unwritten Constitution” it doesn’t mean is not written at all, but not in one document….. I think you understand the difference betwixt the duo?

Methods of amending the constitution:

1) Rigid constitution

2) Flexible constitution

RIGID:- the one that’s very difficult to amend or change, due to some process needed. Most WRITTEN CONSTITUTIONS are RIGID e.g U.S.A, GHANA, NIGERIA Second Republic Constitution of 1999-2003, AUSTRALIA, etc have RIGID constitutions.

RIGID CONSTITUTION is of Four types:

1) Where the Legislature could be involved in some constitutional amendment with some restrictions and at the same time may go through the electorate(referendum) before adoption

2) The method by which the consent of the majority of the voters is needed for amendment.

3) The majority of the component units or regions in a federal setup eg, 3/4 of d majority.

4) The development of d new customs in the course of time or decisions in the hands of the outside authority, eg. Leaving such decision to the sovereign in the parliament in Britain(adopts unwritten constitution)

NOW

FLEXIBLE CONSTITUTION:- it is easy to amend. If the method of the amendment is the same as that of the passing of ordinary law, the constitution is said to be FLEXIBLE. Again the amendment can easily be done by a simple majority in the legislature.

Britain, Italy, etc have a FLEXIBLE constitution. A flexible constitution maybe WRITTEN or UNWRITTEN. The constitution of Great Britain and Italy are NOT WRITTEN yet they are FLEXIBLE because the constitutions have by themselves drew how they must be amended.

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