TYPES OF CONSTITUTIONS Lesson Note
This SS2 CITIZENSHIP & HERITAGE lesson note covers TYPES OF CONSTITUTIONS for First Term, Week 3.
Lesson Note
A. MEANING OF CONSTITUTION
A constitution is the body of fundamental principles, rules and laws by which a country is governed. It explains the powers and functions of government and states the rights and duties of citizens.
B. TYPES OF CONSTITUTIONS
There are several types of constitutions. The major ones are:
a) Written Constitution
A written constitution is one in which the major rules and principles guiding the government are contained in a formal written document or set of documents.
Examples: Nigeria, Ghana, the United States of America and India.
Features:
1. It is formally written and documented.
2. It clearly states the powers of government.
3. It protects fundamental human rights.
4. It is usually difficult to change.
5. It provides a clear reference for citizens and government officials.
b) Unwritten Constitution
An unwritten constitution is one in which constitutional rules are not contained in one single formal document. It is based on laws, customs, conventions, judicial decisions and historical practices.
Example: The United Kingdom.
Features:
1. It is not contained in one single document.
2. It develops gradually over time.
3. It relies heavily on customs and conventions.
4. It is generally flexible.
5. Courts and traditions play important roles in interpreting its provisions.
c). Flexible Constitution
A flexible constitution is one that can be changed relatively easily through the same procedure used for making ordinary laws.
Features:
1. It can be amended easily.
2. It can respond quickly to changing circumstances.
3. It does not require a complicated amendment procedure.
4. It can adapt to social and political changes.
Example: The United Kingdom’s constitutional system is commonly described as flexible.
d) Rigid Constitution
A rigid constitution is one that requires a special and more difficult procedure for amendment than that required for ordinary laws.
Features:
1. Amendment requires special procedures.
2. It protects important constitutional provisions from frequent changes.
3. It promotes stability.
4. It may require a special majority in the legislature or approval through other constitutional procedures.
Example: The Nigerian Constitution is generally regarded as rigid because constitutional amendments require special procedures.
e) Federal Constitution
A federal constitution is one that divides governmental powers between the central/federal government and state or regional governments.
Examples: Nigeria, the United States and Australia.
Features:
1. Powers are divided between different levels of government.
2. Each level has constitutionally recognised responsibilities.
3. It promotes decentralisation.
4. It allows states or regions to exercise certain powers.
f) Unitary Constitution
A unitary constitution is one in which the central government has the main constitutional authority, while local or regional governments exercise powers delegated to them by the central government.
Examples: The United Kingdom and France.
Features:
1. Greater power is concentrated at the centre.
2. Local governments have limited constitutional independence.
3. Laws and policies can often be applied uniformly throughout the country.
4. Administration is generally more centralised.
g) Monarchical Constitution
A monarchical constitution is one in which a monarch, such as a king or queen, is the head of state.
There are two major forms:
i) Absolute monarchy: The monarch exercises extensive governing powers.
ii) Constitutional monarchy: The monarch’s powers are limited by the constitution and laws.
Example: The United Kingdom operates a constitutional monarchy.
h) Republican Constitution
A republican constitution is one in which the head of state is usually an elected president, rather than a hereditary monarch.
Examples: Nigeria, Ghana and the United States.
Features:
1. The head of state is not a hereditary monarch.
2. Political authority derives from the people through constitutional processes.
3. Citizens participate in choosing their representatives.
4. Government officials are subject to constitutional rules.
C. IMPORTANCE OF KNOWING THE TYPES OF CONSTITUTIONS
Understanding the types of constitutions helps students to:
1. Understand how different countries are governed.
2. Know how governmental powers are organised.
3. Understand the rights and responsibilities of citizens.
4. Appreciate differences between political systems.
5. Understand how constitutional changes are made.
SUMMARY
Constitutions may be classified according to their form, method of amendment, distribution of powers and type of head of state. The major types include written, unwritten, flexible, rigid, federal, unitary, monarchical and republican constitutions. Nigeria has a written, rigid, federal and republican constitution.
Evaluation
OBJECTIVE QUESTIONS
1. A constitution that is contained in a single written document is known as a _____ constitution.
A. unwritten
B. written
C. flexible
D. customary
2. A constitution that can be easily changed by the ordinary law-making process is called a _____ constitution.
A. rigid
B. written
C. flexible
D. federal
3. Which of the following is an example of a rigid constitution?
A. The British Constitution
B. The Nigerian Constitution
C. An unwritten constitution
D. A customary constitution
4. A constitution that requires a special procedure for amendment is called a _____ constitution.
A. flexible
B. rigid
C. unwritten
D. unitary
5. The British Constitution is commonly regarded as an example of a _____ constitution.
A. rigid
B. written
C. unwritten
D. federal
6. A constitution based largely on customs, conventions, judicial decisions and statutes is called a/an _____ constitution.
A. unwritten
B. rigid
C. federal
D. presidential
7. Which type of constitution is usually found in countries where constitutional provisions are contained in several documents?
A. Written constitution
B. Unwritten constitution
C. Rigid constitution
D. Flexible constitution
8. The major difference between a rigid and flexible constitution is the _____. A. number of citizens
B. method of amendment
C. size of the country
D. number of political parties
9. Which of the following is a type of constitution based on its method of amendment?
A. Federal constitution
B. Unitary constitution
C. Rigid constitution
D. Written constitution
10. The Nigerian Constitution is mainly a _____ constitution.
A. written and rigid
B. unwritten and flexible
C. unwritten and rigid
D. customary and flexible
Theory Questions
1a. What is a constitution?
1b. Mention and explain four types of constitution.
1c. Differentiate between a written constitution and an unwritten constitution.
2a. State three differences between a rigid constitution and a flexible constitution.
2b. Mention two advantages and two disadvantages of a rigid constitution.