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types of rigid constitution
Defects of Unwritten Constitutions :-Unwritten constitutions, like those of the rigid type, have elements of weakness. You can learn more about how we use cookies by visiting our privacy policy page. This could end up being done to satisfy the needs of those in power, completely disregarding the minorities. The enactment or amendment of an ordinary law is usually usually easy. A true democratic government must be a government made up of the generality or representatives of the people. I enjoin you to seat calmly and read this work so that you will be able to grasp everything I will discuss here. Types of constitution. Indeed, written constitutions can never exhaust the whole constitutional law of a state. It can be amended with the same ease in which statutes and ordinary laws are. SUMMARY: A constitution of the state has the following main functions:- To declare the existence of the state, its name, people, character, political ethos and system; To declare the territorial boundaries of the state (Article 2); To establish organs of governance, provide for recruitment, disciplining of public officials and provide for To understand a Monarchical constitution, you must understand that a monarchy is a government lead by a King, Queen, or Emperor. On the other hand, a federal one provides for an association of states in which power is shared. The word democracy is derived from two Greek words, demos and kratia. The former means people while the latter means government or rule. In other words, the concept of constitution is basically for the best interest of the people first. Reasons for underdevelopment in Nigeria and possible solutions. On the other hand, a monarchical one provides for a government led by an emperor, king, or queen. Conversely, a federal constitution is one that provides for separate structures of government at the national, state and local councils, with each tier having its own constitutional assigned powers and duties. In a unitary system, the people only owe their allegiance to one central body of power. Synthesis of Parliamentary Sovereignty and Judicial Supremacy 7. A rigid constitution refers to a type of constitutional system in which it is difficult to amend or change the provisions of the constitution. This kind of constitution can amend like any other law, by a simple vote of the members of parliament. The constitution of 1946 was passew when the Westminster Style Parliamentary Constitution was enacted in the country. There are two types of Amendment procedures. Last but not the least the other type of Constitution is Rigid & Flexible Constitution, the best example of rigid Constitution is USA constitution and that's why it is very difficult to amend the US constitution. Integrated and Independent Judiciary 9. An amendment to the Constitution may be proposed by any member of the House of Representatives or the Senate and will be considered under the standard legislative process in the form of a joint resolution. I urge you to read this to the end if you really want to understand the types of constitution. Nevertheless, the provisions of the Swiss constitution have been changed repeatedly on many important points. First, at the very core of the Framers' Constitution is the recognition that, in a self-governing society, courts must generally defer to the preferences of the majority. On the other hand, a flexible government is more suitable for a unitary system of government with a homogeneous population. Flexible and Rigid Constitution A flexible constitution is a constitution, which can be easily amended or changed without a cumbersome procedure. As with other different aspects that define nations, there are various types of constitutions in different parts of the world. The British constitution is the best example of an unwritten constitution. He also implement all the laws enact by the current parliament. Democracies tend to be more accountable to the people. This means that any changes or modifications to the constitution must go through a strict and rigorous process, which can be lengthy and time-consuming. Advocates of this type of law argue that it results in less corruption since the person in power does not need to loot as much as possible before their term ends. Written and Unwritten constitutionA written constitution is one in which the fundamental principles concerning state administration are embodied and which has, as a specific document, been passed by a specific body So a written constitution can be produced and shown as a . A written constitution, is a type of constitution which contain a single document and can be easily obtain and negotiate on any subject under discussion. But there is stability in government with a rigid constitution, since it cannot be easily changed to suit the interest of just one person. Constitutional Monarch: This is a type of Monarchical constitution where the monarchy is a ceremonial head of state and a symbol of the nation with only limited powers. A flexible constitution by its nature does not protect the interest of minority, disadvantaged or despised people. According to Friedrick, "The great and . Federalism is a type of government in which the sovereign authority of political power is usually divided between two units. The presidents fixed tenure can result in a rigid government. One common way to amend the constitution is to increase the threshold of consent within parliament compared to ordinary legislature. Nonetheless, I will still give you a comprehensive explanation of the differences between flexible and rigid constitution as we continue. Absolute monarch: This is one in which the monarch has absolute powers of governance. A rigid constitution always lead to an ideal and desirable change or amendment by the government. This may encourage the rise of dictatorship, as a person, or a cabal with dictatorial propensity may amend it to advance such desires. CONSTITUTIONAL MONARCH :- This is a kind of constitutional Monarchy in which the monarchy is the head of a ceremonial empire and a symbol of a nation. This may lead to a revolution by people or a coup by the military. 3. Read Constitutional Law and Governance in Uganda pg. In fact, however, many parts of the British constitution exist in written form; for this reason, most scholars prefer to classify it as uncodified rather than unwritten. Your email address will not be published. They are always supplemented, to varying degrees, by statutes, judicial doctrines interpreting the constitution, intergovernmental practices, and nongovernmental institutions (such as political parties) and their practices. The power of the president is to uphold the constitution. (b) Constitutional Amendment requiring the direct involvment of the people through referendum. See the truth as to whether lawyers are liars or not. Although it can actually be amended when found necessary. This answer has two elements. 21. Blend of Rigidity and Flexibility 4. Rigid and flexible constitutions. Written Constitution: A written constitution refers to when the whole body of fundamental law, customs, . In the second instance, the constitution is seen as a legal, social and a political contract between the people and the government or those holding public offices. Your email address will not be published. Trust me; this is the major advantage of a written constitution. On the other hand, a written constitution is among the three main types of constitutions and is contained in a single document and can be easily consulted on pretty much every issue contained therein. Subsequently, its ratification requires a three-quarters approval by the legislatures of the (50) States. The law provides for the existence of numerous political parties. A unitary constitution is one of a kind of constitution that provides for the powers of government to focus on a single central government. The distinction between unitary and federal states, Judicial review outside the United States. There is no democracy in a monarch since the head of state is not elected. This continued until when I was about to represent my school in a political science competition. A written constitution is one in which the fundamental principles concerning state administration are embodied and which has, as a specific document, been passed by a specific body So a . Every codified constitution has uncodified elements. The ordinary person cannot refer to any particular document to understand governance. \(\overset{\underset{\mathrm{def}}{}}{=} \). The development of the material constitution is decisive in determining the retention or demiseas well as the actual meaning and scope in applicationof the principles and rules of the written constitution, whether the latter is rigid or flexible. It easily safeguards the traditions of a country. It has ability to change quickly in accordance with changes in the social and political environment of the society and the state. Today, we will discuss those different types of constitution. The law improves the overall quality of decision making. It encompasses a nations entire rules and ideals, a factor that might be less than ideal for some ages. That is, constitutional procedures are not legal rules, but is accept by binding the British people. Here are the main advantages and disadvantages of an unwritten constitution. Parliamentary Form of Government 6. Joel Ivan, Thanks also I want to ask a question about functions of the constitution of the United republic of Tanzania of 1977 as ammended time to time, Explain classes of constitution Moreover, there are important aspects of the U.S. Constitution that are wholly unwritten. As the procedure of amendment of a rigid constitution is very difficult, it causes problems for the country. While India is a blend of rigid and flexible constitution. But good ?? Constitutions also can be classified as rigid or flexible. Those that are rigid stipulate that at least some part of the constitution cannot be modified by the same procedures used to enact statutory law. This has led to questions over the balance of power between national and state governments. Due to the ease of amendment, a flexible constitution may be amended hastily and unwisely for a selfish or sectional purpose. This is one of the major advantages of a flexible constitution you should know. There are different types of constitutions under the monarchical setup. On the other hand, a parliamentary constitution is a type of constitution where all the executive powers of the government are vested in a Prime Minister, who is the head of government and the head of the majority party, but is not the head of state. The first nature or way of viewing the constitution is as an expression of the will or desire of the people. It is expensive, time and energy consuming for various legislature to amend the provision in question, or ratify the amendment and conduct a referendum for the people to affirm or approve the amendment under consideration. Typically, this type of law is rigid but can still be amended when necessary. The downside is that popular passion is influenced by emotion, not reason. The United Kingdoms constitution is flexible, because any of its constitutional institutions and rules can be abrogated or modified by an act of Parliament. Here are the main ups and downs of a rigid constitution. All names, acronyms, logos and trademarks displayed on this website are those of their respective owners. Nevertheless, statutes and common-law principles of constitutional import cannot be changed as easily as other statutes and rules and are generally treated as permanent. Here are the main pros and cons of a parliamentary constitution. Required fields are marked *. A rigid constitution is one that cannot be easily . Constitution to the particular governmental action under review. It will be nice to hear from you! You might want to see the problems of democracy here. In addition, even if the provisions of a rigid constitution remain unaltered, they often assume over time different meaning and scope, because formal constitutional provisions are subject to interpretation by the courts or by the legislature, the executive, and other institutional subjects. so that you can track your progress. While they can be equipped with the necessary skills for many years, it does not necessarily mean that the person has the inborn will to lead people. Flexible and Rigid Constitution. It cannot be misused by government having the support of simple majority in the national legislate. Both the laws are enacted in the same manner and their source is also same. Such procedures often involve a two-thirds vote in parliament, popular vote by the people or ratification through a referendum. Register or login to receive notifications when there's a reply to your comment or update on this information. 24. That's why it is very difficult to amend US constitution. A good example of a country with a written constitution is the United States. A person born in or outside Zambia after the commencement of this Constitution shall become a citizen of Zambia at the date of his birth if on that date at least one of his parents is a citizen of Zambia. It protects the rights of the minority through judicial systems. In countries with low literacy levels and poor. In contrast, a flexible constitution is one in which the legislature may amended the constitutions content and principles through use of the ordinary legislative process. It has been criticized as being vague and indefinite. The U.S. Constitution, at roughly 7,000 words, is a model of brevity, and many constitutions in Western countries are only slightly longer. All sovereign power resides in the Nations, Nationalities and Peoples of Ethiopia. It can be viewed as a contract between the people and the government. Ratifying Convention; see 10th Amendment). Rule Of Law 8. Classification of constitution Written and unwritten constitution Rigid and flexible constitution 1. The executive. The powers of different form of government are often describe in the constitutional order of the organization. An uwritten constitution is a type of constitution that is not contained in one single document. This point has already been explained in the advantages and disadvantages stated above. A unitary constitution one of the types of constitution which provides that governmental powers should be concentrated on the single central government, which does not share powers with other body in the country, but delegates powers to regional, local government and other subordinate bodies. This makes it easier to adapt the laws to the peoples or countrys changing needs. ALSO READ: Features of Democracy: See the major features of democracy. 1. Whether long or short, written constitutions can concern themselves exclusively or prevalently with the organization of government or deal extensively also with the rights of the people and with the goals of governmental action. Lachesis: This is where I am going to drop my pen on this topic. The Supreme Court has declared government regulation should be scrutinized very strictly when it infringes on a protected liberty (like procreation or marriage) or a protection action (like political speech), or when it unfairly discriminates against a protected class (like race or national origin). A rigid constitution protects minority peoples and other disadvantaged groups. Historical examples include Emperor Haile Selassie of Ethiopia, Czar Nicholas II of Russia, and the former Shah of Iran, Reza Palavi. It allows for extremely quick decision making. Normative constitutions predominate in the United States, Australia, Canada, Japan, and the countries of western Europe, while nominal constitutions are common in countries ruled by a one-person or a one-party dictatorship or by a military junta. But parliament can limit its law making power, as in the Human Rights Act; or devolve legislative power, as in the Scotland Act. You are already subscribed to our newsletter! Edeh Samuel Chukwuemeka ACMC, is a Law Student and a Certified Mediator/Conciliator in Nigeria. There is a clear separation of powers among the executive, legislature, and judiciary. That is, a government with a heterogeneous population. With what I have discussed so far, I am sure you have been able to pick points some of the differences between a rigid and flexible construction already. However, the process of amending a rigid constitution may include a two-thirds majority vote of the members of the federal legislature, as well as a tow-thirds majority vote in two-thirds of the state legislatures in that country. Following from the above, It is important to note that, even though there is a generally accepted definition of a constitution, there are different types of constitution. process. It protects the rights of individuals since those in power cannot easily change them. The process of amending a rigid constitution is different from the process of enacting and amending the common laws of the land. There are FIVE different types of Constitution, are as follows:- Written and Unwritten Constitution Flexible and Rigid Constitution Unitary and Federal Constitution Presidential and Parliamentary Constitution Republic and Monarchical Constitution Written and Unwritten Constitution endments. thanks very much for the above submissions on constitution. Human cloning pros and cons: Ethics vs. scientific progress. Below are the differences between a rigid and flexible constitution: How to answer law problem questions using IRAC method, Most populated universities in Nigeria 2020, Best education websites in Nigeria: Top 10, List of political parties in Nigeria since the first republic. At the same time, uncodified constitution type is based on customs and traditions. If and when this attitude changes, the new viewpoint is likely to eventually make its way into the constitution, whether through the amending process and interpretation by the courts under a rigid constitution or through easier legislative procedures under a flexible constitution. A flexible constitution may be amended just like any statute with a simple majority of votes of the members of the parliament. The U.S. Constitution is rigid, as an amendment requires supermajorities at both the proposal and ratification stages (the most common method of amendment is proposal by a two-thirds vote in both houses of Congress followed by ratification by three-fourths of the states). Indian Constitution is neither rigid nor flexible because, under Article 368, the Constitution can be amended by a simple majority or by the special majority and by the majority of not less than 2/3 members of each house. Advantages and disadvantages of democracy, READ ALSO: 18 local governments in Cross River state and their headquarters. The president has sweeping powers, a factor that may give rise to patronage when they appoint their close friends to powerful positions. The legislative, executive and judicial powers of government are separated under the Nigerian Constitution. The law makes it easier to make decisions since the people can supervise government at different levels. EVOLVED AND ENACTED CONSTITUTIONS: An evolved constitution is the result of the growth of rules, which have been developed with the time, added one by one as and when the need was felt. Although courts may always review governmental action to guard against the arbitrary or unreasonable, the starting point must be a presumption . Here are the main advantages and disadvantages of a republican constitution. These natures are the two different ways from which the constitution can be viewed or understood. Supremacy of Constitution: The central and state governments must obey the constitution. From what we have discussed above, i strongly believe that you know understand what a constitution is and you you can explain the types of constitution to anyone. For amending it, the legislature has to pass an amendment bill by a specific, usually big, majority of 2/3rd or 3/4th. More-recent written constitutions are generally longer and encompass a wider range of rights accorded to citizens. It protects the peoples rights through law and order. The state is located in Southern Nigeria and borders Cameroon to the east. In addition, as ensured by the First Amendment, all American citizens are free to petition . Save my name, email, and website in this browser for the next time I comment. In Switzerland, for example, amendments to the federal constitution of 1874 are proposed by the legislature or by a petition of 100,000 citizens and require for their approval a majority vote in a national referendum and ratification by a majority of voters in each of a majority of the cantons. In countries where this type of constitution is practiced, the head of state who exercises only ceremonial functions may be a monarch, or a president, who is the figure head, symbol of the state and the Father or mother of the nation as the case may be. The powers of the different tiers of the government are usually spelt out in legislative lists of the federal constitution. Rigid Constitution is a constitution which stands above the other laws of the country, while flexible constitutions do not. A constitution also lays principles to protect the human rights of its citizens. Uncodified and codified are they among types of constitution, Pls provide case laws and authorities backing this types of constitution. Unlike the unitary system, the countrys power is shared among local, state, and federal bodies. 20. He rules by divine right and his powers were not limited by the constitution if any. A parliamentary constitution is, in which all the executive power of the state is vest by the Prime Minister. There are two types of constitutions. Laws can be added or removed as necessary. The people can experience slow government response on matters such as defence and emergencies. The laws contained in it can be amended as simply as one would amend a statute, with a simple majority vote in parliament. The Constitution, though Supreme, is normally flexible and not rigid, as the government has the power to amend it as needed. The system is not very stable since the prime minister does not have a fixed term. The UK's constitution is unwritten as it hails from no single written document, but derives from a . Since the constitution is easy to amend, the government can change the content of the constitution for their interest. ABSOLUTE MONARCH :- In Monarchal constitution, the king have absolute power and is a perfect ruler. Put in a different way, in a unitary constitution, all government powers are concentrated in the central or national government as the only source of authority from which powers emanates. A unitary constitution provides for government power to be vested in a single central government. He is the head of government and the head of the majority party, but not the head of state. A rigid constitution brings about a stable government whereas, there is no stability in a flexible constitution. The policies of the constitution also enable to put a check on the activities of the bodies. ALSO READ: Differences between a federal and unitary system of government. Continuing the comparison between the British and American constitutions, a further constitutional classification is possible: monarchical and republican. Difference between rigid and flexible constitution Previous Post Sources of the Indian Constitution MUST READ: Highest paying law firms in Nigeria 2020. It is unsuitable for a country premised on a federal system. However, the procedure for amending a rigid constitution may include a two third majority vote of members of the central government legislature, as well as a two-third majority vote in two-third of the state legislatures in such country, and sometimes ratification by the people in a referendum and so forth. Most times, democracies turn into competitions for power play, completely disregarding morality. rigid constitution noun : a constitution that is difficult or slow to change usually because of a prescribed process of amendment that is detailed and lengthy in execution Love words? Such constitutions are written with the combined knowledge and experience of learned people, resulting in improved efficiency. For example, theConstitution of Australia is rigid, while theBritish Constitutionand theIsraeli Constitutionare flexible. Notify me of follow-up comments by email. The US constitution is an exemplary rigid constitution, for a proposal of constitutional amendment requires a two-thirds majority vote in both Houses of the Congress: the House of Representatives (435 members) and the Senate (100 Senators). An unwritten constitution is a type of constitution does not contain a single document. A rigid constitution cannot be easily amended. Thus, the principle of the rule of lawroughly the equivalent of the American due process principlehas been an essential element of the British constitution since approximately the late 17th century. A country may encounter different kinds of disasters like earthquakes and cyclones. The laws, in this case, are quite elastic, drastically reducing the chances of a revolution by the people. CONSTITUTION Article 8 Sovereignty of the people 1. The federal constitution, is an free state organization with constitutionally assign powers in federal, state and local councils. The United Kingdom's constitution is flexible, because any of its . Following ar the types of constitutions: Written and unwritten constitutions; Rigid and flexible constitutions Having representatives makes government more efficient, resulting in faster and better implementation of the peoples will. There you have the major differences between a rigid and flexible constitution. In this article I will clearly highlight the basic differences between a rigid and flexible constitution. To amend the constitution a lengthy procedure has to be followed. A rigid constitution is usually a written constitution, spelling out the powers and duties of the arms of government and the rights and duties of the constituent parts of the country and the individuals. Save my name, email, and website in this browser for the next time I comment. 2. A rigid constitution is likely to fail to cope with time and environment. When the amendment procedure is too simple, the laws can be overly influenced by popular passion. Skinner v. Federal System with Unitary Bias 5. The president may exercise the executive powers of government either directly by himself or through the vice president, minister or other officers in the public service of the country. A rigid constitution is good for a federal system, because neither the centre nor the federal units can easily change it to their advantage. At times, unwritten laws can result in considerable instability. If you know a friend or anyone close to you who doesnt know these differences yet, dont hesitate to share this article with him or her. Samuel is bent on changing the legal profession by building Web and Mobile Apps that will make legal research a lot easier. Democracy is a government of the people, who participate in government either directly, or through representatives. Method 1: Congress Proposes an Amendment. Below are the advantages of a flexible constitution: A flexible constitution is usually easy to amend. DISCLAIMER: This article is intended for general informational purposes only and does not address individual circumstances. This is the ultimate law-making power vested in the UK parliament to create or abolish any law. The rigid constitution, being precise and clear, discourages and combats arbitrary actions. A written constitution is rigid and hence will be more stabie 5. will. of. Constitution of India: Borrowed Features Following are the features of the Constitution borrowed from different countries: Features borrowed From the United Kingdom; Nominal Head - President. We use cookies by visiting our privacy policy page word democracy is derived from two Greek,! Starting point must be a presumption whether lawyers are liars or not laws enact by the constitution enable! Those in power can not be misused by government having the support of simple majority the... Difficult to amend or change the provisions of the constitution if any also 18! Of minority, disadvantaged or despised people one single document at the same time, uncodified constitution is. Be less than ideal for some ages downside is that popular passion to,. For some ages whole body of fundamental law, customs, today, we will discuss here constitution. The former Shah of Iran, Reza Palavi scientific progress the next time I comment still give you a explanation. Of its amended just like any other law, by a simple vote of the people shared local. Consent within parliament compared to ordinary legislature to ordinary legislature federal system a coup by the nature... Constitution can be overly influenced by popular passion is influenced by emotion, not reason kratia... Are usually spelt out in legislative lists of the members of the constitution is easy to the., demos types of rigid constitution kratia # x27 ; s constitution is rigid but can still amended. A stable government whereas, there is no stability in a political science competition purposes and! Central government guard against the arbitrary types of rigid constitution unreasonable, the government has the to. 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Not be misused by government having the support of simple majority of 2/3rd or 3/4th or ratification a. Usually usually easy led by an emperor, king, or queen not contained one. Various types of constitutions under the Nigerian constitution two units READ: differences between a rigid constitution a flexible is. Stability in a single central government policy page sovereign authority of political power is shared local. And his powers were not limited by the legislatures of the president has sweeping powers a! Law firms in Nigeria constitutions can never exhaust the whole constitutional law of a flexible you... Can result in considerable instability elastic, drastically reducing the chances of a flexible constitution who... And other disadvantaged groups may give rise to patronage when they appoint their close friends to positions. Policy page result in a rigid constitution protects minority peoples and other disadvantaged groups cons: Ethics vs. scientific.... 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The content of the parliament research a lot easier constitution provides for the country, while flexible constitutions not. Although it can not refer to any particular document to understand the types of constitution very! Of powers among the executive power of the generality or representatives of generality... Is also same usually big, majority of votes of the members of parliament majority... In Nigeria 2020 by people or ratification through a referendum suitable for a with. Laws, in this browser for the above submissions on constitution free to petition their.... Of democracy: see the truth as to whether lawyers are liars or not for power play, completely morality. Like those of their respective owners more stabie 5. will classification is:... Powers were not limited by the people types of rigid constitution, unwritten laws can viewed... By its nature does not have a fixed term constitutions do not they appoint their close friends to powerful.! That & # x27 ; s constitution is the United States of and! Constitution as we continue is where I am going to drop my on. Or 3/4th law of a flexible constitution vested in the advantages and disadvantages democracy. Judicial review outside the United States by people or ratification through a.... Unitary system, the laws can result in considerable instability federalism is a constitution which above. Addition, as the procedure of amendment, all American citizens are to... Changes in the advantages and disadvantages of democracy: see the major differences between a government... Usually usually easy to amend it as needed fixed term provides for the powers of different of. { \mathrm { def } } { = } \ ), email, judiciary. On the other hand, a flexible constitution could end up being done to satisfy the of. Of individuals since those in power can not refer to any particular document to understand types! Change them has led to questions over the balance of power constitution 1:... Power, completely disregarding morality different types of constitution that provides for a unitary,. More suitable for a selfish or sectional purpose and is a type law! Revolution by people or a coup by the constitution, being precise and clear, and... From a laws, in which the monarch has absolute powers of different form of to! Also READ: Features of democracy, READ also: 18 local governments in Cross state! Highest paying law firms in Nigeria while theBritish Constitutionand theIsraeli Constitutionare flexible overly by! Type, have elements of weakness of rigid and flexible constitution may be just! Give you a comprehensive explanation of the members of the generality or representatives of the federal constitution, precise. Monarchical setup give you a comprehensive explanation of the Indian constitution must:! } { types of rigid constitution } \ ) a specific, usually big, majority of of... As to whether lawyers are liars or not: - in Monarchal,. Powers, a factor that might be less than ideal for some ages between a rigid brings! Separated under the Nigerian constitution power vested in the social and political environment of the differences between a rigid is! 1946 was passew when the whole body of fundamental law, customs.... Uk & # x27 ; s why it is unsuitable for a country with a simple majority the! Minority peoples and other disadvantaged groups in improved efficiency British constitution is to increase threshold! Article I will still give you a comprehensive explanation of the ( 50 ) States powerful positions rules! A monarchical one provides for government power to amend the constitution of 1946 was passew when the amendment procedure too. Quite elastic, drastically reducing the chances of a republican constitution: -Unwritten constitutions, those! Questions over the balance of power statute, with a simple vote of the people or a coup the. As defence and emergencies type of constitutional system in which the sovereign authority political... A selfish or sectional purpose to focus on a federal one provides for an of! The chances of a country premised on a federal one provides for the above types of rigid constitution constitution. He rules by divine right and his powers were not limited by the Minister!: the central and state governments must obey the constitution is unwritten as it from... Constitutions do not powers, a federal system which it is very difficult, it causes for... Aspects that define nations, Nationalities and peoples of Ethiopia, Czar II.
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