Federal University, Oye Ekiti

Faculty of Social Science

Group 2

Topic: Constitution and its Categories

Course: Pol 104

Level: 100

Lecturer: Mrs
Date:, 2023

Group Members
The maxim Ibi jus, Ibi remendum is a Latin sentence that means: "Where there is
a society, there are laws." It emphasises the inexcusability of laws in Societies.
From Customs, to traditions to Constitution, law is an instrument of Social order.
What then is a Constitution?

Constitution
A Constitution can be defined as the aggregate of fundamental laws, Conventions
and regulations derived from International laws, Past experiences, historical
documents, Constitutional conferences, intellectual works, acts of parliament,
past Constitutions and Judicial precedence which constitutes the legal basis of a
state.
It is the whole body of fundamental laws, customs, conventions, principles, rules
and regulations according to which a particular government of a country or an
organization operates.
A Constitution is the GRUNDNORM of a Sovereign state that is the highest law of
a land that can Alter or Validate any other law made by any body in a State. For
instance the 1999 Constitution of the Federal Republic of Nigeria is the current
Constitution of Nigeria which consists of 318 Sections. In Section 1(3) of the 1999
Constitution of the Federal Republic of Nigeria, the function of the Constitution as
the GRUNDNORM was alighted:
" If any other law, If any other law is inconsistent with the provisions of this
Constitution, this
Constitution shall prevail, and that other law shall, to the extent of the
inconsistency, be void."
A Constitution is the framework that defines the functions, relationship and
limitations of the organs that make up a government specifying the structure of
government and the rights and responsibilities of citizens. It establishes the
framework for law making and enforcement and also defines the relationship
between the government and its citizens.
Finally, it is the parameters for disputes and conflicts resolution in a
peaceful and orderly manner.
 Classification of the Nigerian Constitution
The Nigerian constitution can be classified into different categories based on
different criteria. Origin, System of Government and time.
The Nigerian constitution has gone through different stages of development, from
the colonial period to the present day. The Pre Colonial Constitutions like the
Clifford Constitution, Richard Constitution, MacPherson Constitution and Lytletton
Constitution. Since then, several constitutions have been enacted, including the
1960 Independence Constitution, the 1963 Republican Constitution, the 1979
Constitution, the 1999 Constitution, and the proposed 2021 Constitution.

Another way to classify constitutions is by their content. Constitutions can be

classified as liberal or conservative. A liberal constitution is one that emphasizes
individual rights and freedoms, while a conservative constitution is one that
emphasizes order, stability, and tradition.

Constitutions can also be classified by their form. Constitutions can be unitary or

federal. A unitary constitution is one in which power is centralized in a single
national government, while a federal constitution is one in which power is divided
between a national government and its constituent organs. The constitution
provides for the separation of powers between the three branches of
government, the legislature, the executive, and the judiciary, and establishes the
rule of law as a fundamental principle of governance.

Again, constitutions can be classified as rigid or flexible. A rigid constitution is one

that is difficult to amend or change, while a flexible constitution is one that can be
easily amended or changed.
A rigid Constitution is not easy to amend because it is codified and amending it
will require modifying other parts of the Constitution. This overall features makes
it time consuming and pain staking.The Nigerian constitution provides for a
procedure for its amendment, which requires the approval of two-thirds of the
members of the National Assembly and two-thirds of the state Houses of
Assembly.

Finally, the Nigerian constitution can be classified based on its adaptability and
relevance to the changing needs of the Nigerian society. The constitution is not a
static document but can be amended to reflect the changing needs of the
Nigerian society. The constitution can also be interpreted by the courts to reflect
the changing needs of the Nigerian society.

1. Written constitution
2.Unwritten constitution
3. Flexible constitution
4. Rigid constitution
5. Parliamentary Constitution
6. Presidential Constitution
7. Monarchial Constitution
8. Republican Constitution
9. Confederal Constitution
10. Unitary Constitution
11. Federal Constitution
1. Written constitution
A written constitution is a constitution that is explicitly drafted and adopted by a
constituent assembly or other body. It is a formal document that outlines the
structure of government, the rights and responsibilities of citizens, and the
relationship between the government and its citizens. Written constitutions are
typically based on a set of fundamental principles and laws that are designed to
provide a framework for how laws are made and enforced. They are often used in
countries that have experienced significant political change or are seeking to
establish a new form of government. Written constitutions are typically more rigid
than unwritten constitutions, as they are more difficult to amend or change.
However, they also provide a clear and transparent framework for government,
which can help to promote stability and order. Many countries around the world
have written constitutions, including the United States, France, India, and
Australia.
Merits of written constitution
There are several merits of a written constitution, including:
1. Clarity and Certainty: A written constitution provides a clear and concise
framework for the organization and operation of government. It outlines the
rights and responsibilities of citizens and the government, and provides a clear set
of rules for how laws are made and enforced.
2. Protection of Fundamental Rights: Written constitutions typically include a bill
of rights or similar provisions that protect the fundamental rights of citizens.
These rights are enshrined in law, which makes them more difficult to violate or
ignore.
3. Stability and Predictability: Written constitutions provide stability and
predictability in government. They establish a clear set of rules and procedures
that must be followed, which helps to prevent arbitrary or capricious actions by
the government.
4. Popular Sovereignty: Written constitutions are often based on the principle of
popular sovereignty, which holds that the people are the ultimate source of
political power. This principle helps to ensure that the government is accountable
to the people and that their interests are represented.
5. Limitation of Government Power: Written constitutions typically place limits on
the power of government. They establish a system of checks and balances that
helps to prevent any one branch of government from becoming too powerful.
In summary, a written constitution provides a clear and concise framework for
government, protects the fundamental rights of citizens, promotes stability and
predictability, establishes popular sovereignty, and limits government power.
These are some of the key merits of a written constitution.
Demerits of written constitution
While there are several merits of a written constitution, there are also some
demerits, including:
1. Rigid: Written constitutions are more rigid than unwritten constitutions, which
can make them more difficult to amend or change. This can be a disadvantage if
the constitution becomes outdated or needs to be revised to reflect changing
circumstances.
2. Interpretation: Written constitutions can be subject to interpretation, which
can lead to disputes over the meaning of certain provisions. This can create
uncertainty and make it more difficult to apply the law consistently.
3. Unresponsive: Written constitutions can be unresponsive to changing
circumstances. Because they are difficult to amend, they may not be able to keep
pace with changes in society or the economy.
4. Lack of Flexibility: Written constitutions can lack flexibility, which can make it
difficult to respond to emergencies or crises. In some cases, the constitution may
need to be temporarily suspended or amended to address urgent problems.
5. Misinterpretation: Written constitutions can be misinterpreted, which can lead
to unintended consequences. This can occur if a provision is interpreted in a way
that was not intended by the framers of the constitution.
In summary, while written constitutions have several merits, they also have some
demerits, including rigidity, interpretation issues, lack of responsiveness, lack of
flexibility, and the potential for misinterpretation.
2. Unwritten constitution
An unwritten constitution is a system of government that is based on a set of
unwritten rules and conventions rather than a single written document.
Unwritten constitutions are typically found in countries that have a long history of
constitutional government, such as the United Kingdom.
The main characteristics of an unwritten constitution include:
1. No Single Document: There is no single document that serves as the
constitution. Instead, the constitution is a collection of laws, court decisions, and
traditions that have developed over time.
2. Flexibility: An unwritten constitution is more flexible than a written
constitution. It can be amended or changed more easily because there is no single
document that must be amended.
3. Evolutionary: An unwritten constitution evolves over time. It is not fixed in time
and can change as society changes.
4. Political Conventions: Unwritten constitutions rely heavily on political
conventions, which are unwritten rules and practices that are followed by
politicians and government officials.
5. Parliamentary Sovereignty: Unwritten constitutions often place a strong
emphasis on parliamentary sovereignty, which means that the legislative branch
of government is supreme.
In summary, an unwritten constitution is a system of government that is based on
a collection of laws, court decisions, and traditions rather than a single written
document. It is more flexible, evolutionary, and relies heavily on political
conventions.

Merits of unwritten constitution

There are several merits of an unwritten constitution, including:
1. Flexibility: An unwritten constitution is more flexible than a written
constitution. It can be amended or changed more easily because there is no single
document that must be amended.
2. Evolutionary: An unwritten constitution evolves over time. It is not fixed in time
and can change as society changes. This allows the constitution to adapt to
changing circumstances and remain relevant.
3. Political Conventions: Unwritten constitutions rely heavily on political
conventions, which are unwritten rules and practices that are followed by
politicians and government officials. This can help to create stability and
predictability in government.
4. Parliamentary Sovereignty: Unwritten constitutions often place a strong
emphasis on parliamentary sovereignty, which means that the legislative branch
of government is supreme. This can help to prevent abuses of power by the
executive branch.
5. Historical Precedent: Unwritten constitutions are often based on historical
precedent. This means that they are grounded in the traditions and customs of a
country, which can help to create a sense of continuity and stability.
In summary, the main merits of an unwritten constitution are flexibility,
evolutionary, reliance on political conventions, emphasis on parliamentary
sovereignty, and grounding in historical precedent.

Demerits of unwritten constitution

There are several demerits of an unwritten constitution, including:
1. Lack of Clarity: An unwritten constitution can lack clarity because it is not a
single document. This can make it difficult to determine what the constitution
actually requires.
2. Uncertainty: An unwritten constitution can create uncertainty because it is
based on unwritten rules and practices. This can make it difficult to predict how
the government will act in a given situation.
3. No Protection of Rights: An unwritten constitution may not provide adequate
protection of individual rights. This is because the constitution is not a single
document and may not contain specific provisions for the protection of individual
rights.

Rigid constitution is a constitution which stands above the other laws of the
country, while flexible constitutions do not.
A. V. Dicey defines a rigid constitution as one under which certain laws,
called constitutional laws or fundamental laws "cannot be changed in
the same manner as ordinary laws.] A rigid constitution set forth
"specific legal/constitutional obstacles to be overcome" before it may
be amended, such as special approval of the people by referendum, a
supermajority or special majority in the legislature, or both.
It’s a constitution with special laid down procedures for any altercation in it’s
provisions. The following are the advantages of a rigid constitution:
A Helps for an orderly change of government
B. Promotes political stability in a multi ethnic state
C. It’s change difficulty serves as a check against arbitrary manipulation of the
Constitution by some unscrupulous leaders
D. It’s indispensable in the efficient operation of a federal system if
government
There are disadvantages of a rigid constitution, some of which are:
A. Rigid constitution does not encourage change
B. The method of amendment is very complicated
C. The cumbersome method of amendment slows down economic growth
and development

Flexible Constitution
A flexible Constitution is a constitution that can be easily amended by an
ordinary process and procedure of law enactment. It can successfully adapt to
changes which take place with the passage of time. If there take place changes in
environment and condition, necessary changes can be inserted in the constitution
through easy A flexible constitution is a type of constitution that can be easily
amended or changed through ordinary legislative processes. This means
that the government can alter constitutional principles and define new
baselines for government action without needing special amending
procedures.
One example of a flexible constitution is the British Constitution. In the UK,
Parliament can change the constitution through ordinary legislative
processes. This is different from a rigid constitution, like the US
Constitution, which can only be changed through special amending
procedures.
Another example of a flexible constitution is the Canadian Constitution.
While it grants its legislature some limited ability to amend the Constitution
by legislation, it is still considered a flexible constitution because it does not
require special amending procedures.
Overall, a flexible constitution allows for more fluid and adaptable
governance, as the government can respond to changing circumstances
and needs more easily. However, it also means that constitutional
principles may be subject to more frequent changes and may not provide
as much stability as a rigid constitution.

.
Merits of Flexible Constitution
1. A flexible constitution can keep pace with time. It can
successfully adapt to changes which take place with
the passage of time. If there take place changes in
environment and condition, necessary changes can be
inserted in the constitution through easy amendment.
2. A flexible constitution discourages/prevents rebellion
and revolution.
3. A flexible constitution can deal with any type of
emergency.

Demerits of Flexible Constitution

1. The ruling party is inclined to frequently amend the
constitution in order to fit its narrow interests.
 2. It may create problems for a federal system. The centre
is inclined to grab powers by amending the constitution.
3. A flexible constitution may invite political instability.
The administration will be weak if the constitution is
amended frequently.
4. As a flexible constitution is frequently amended, doubts
arise about its stability. As a result, its purity
and legitimacy suffer erosion.
5. As it is easy to amend a flexible constitution, the ruling
class may exploit this to deprive the citizens of their
fundamental rights and their rights to protest against a
bad government.
Other classes of constitution may include
Federal and Unitary Constitution: A federal constitution refers to the
one in which governmental powers that exists in the country are shared between a
central government that represents whole country and government of component
states so that each government is legally and constitutionally independent. In a
federal system, the Constitution is rigid, supreme while enabling the sharing of
powers with a written and rigid constitution. A unitary constitution on the other
hand sees that all powers are contained in a single authority. In an unitary
constitution all legal sovereignty is contained in a single place - for example
central government. Britain's constitution is a typical example of a unitary
constitution.
Monarchical and Republican Constitution: constitutional monarchy, system of
government in which a monarch (see monarchy) shares power with a
constitutionally organized government. The monarch may be the de facto head
of state or a purely ceremonial leader. The constitution allocates the rest of the
government's power to the legislature and judiciary. There exist at least two
different types of constitutional monarchies in the modern world — executive and
ceremonial. In executive monarchies, the monarch wields significant (though not
absolute) power. The monarchy under this system of government is a powerful
political (and social) institution. Today constitutional monarchies are mostly
associated with Western European countries such as the United Kingdom,
Netherlands, Belgium, Norway, Denmark, Spain, Luxembourg, Monaco,
Liechtenstein, and Sweden. Republican Constitution is a constitution in which
Representatives are elected by the people for a fixed period of time or tenure.
In Essence, the Constitution is classified based on it’s form, purpose and mode of
operation. Constitutions can be differentiated based on how they work, and which
bodies are vested with powers and responsibilities respectfully. Each class of
constitution is modelled to meet a specific function and satisfy the Constitutional
needs of a state and it’s citizens.

References
1. James Bryce, "Flexible and Rigid Constitution", Studies in History and
Jurisprudence. Oxford: Clarendon Press, 1901, pp. 124-213.
2. ^ A.V. Dicey, The Law of the Constitution (1885) (Oxford University Press
edition, ed. J.W.F. Allison, 2013, p. 69.
3. ^ Jump up to:a b Mark Ryan & Steve Foster, Unlocking Constitutional and
Administrative Law (3d ed.: Routledge, 2014), p. 16.
4. Essential Government by C.C DIBIE
5. www. Studocu.com
6. The 1999 Constitution of the Federal Republic of Nigeria.