As the constitution can be changed by following a. simple procedure, there is no guarantee that fundamental rights will not be disturbed. The court, through the power of judicial review, lends a certain flexibility to the Constitution. When justices make a decision, take for example Roe v Wade, they … Things can get complicated if it’s too specific. At the same time it protects the basic principles of the constitution. Copyright © 2018-2021 BrainKart.com; All Rights Reserved. Technically speaking, however, the UK’s constitution is notunwritten. 15. Decisions, which are based on emotions, may disturb the harmony and balance of a nation. The custom, usage, and tradition make the Constitution flexible because they allow for things not written in the Constitution to be utilized and make the Constitution adaptable. The courts have no authority of review. A flexible constitution can, thus, claim to feel the pulse of public opinion. Essentials Or Requisites Of A Good Constitution, Aristotle's Classification Of Constitutions, Written Constitutions : with Merits and Demerits, Unwritten constitution : with Merits and Demerits, Rigid Constitution : with Merits and Demerits, Justice : elements, Origin, Meaning, Types or kinds. The first ten amendments of the Constitution are collectively know as the Bill of Rights. A codified constitution is a constitution that is contained in a single document, which is the single source of constitutional law in a state. Has been effective for a number of years, and never had a tyrannical Arguably, the most well-known is the US constitution. when the demands of people are fulfilled by the constitution there is hardly any change of revolution. If the Constitution wasn't flexible, changes couldn't be made, and most likely new Constitutions would have to be written if changes wanted to be made in the government. Here, There is no law which parliament cannot make. The evolution of the constitution and the current reform programme illustrate the flexible nature of the constitution. Merits of Rigid Constitution 4. Several political scientists advocate the view that a flexible constitution is one in which the constitutional law can be amended in the same way as an ordinary law. Flexible constitution is moulded by the conventions of national life. Nevertheless, I believe that not only is our constitution flexible, it is arguably open to manipulation. The units may act very independently without respecting the constitution, as it is not stable. In a flexible constitution there is no distinction between ordinary law and constitutional law. The courts have no authority of review. Example: Explain that the elastic clause and the necessary and proper clause are the same thing, and that it is Article 1, Section 8 of the Constitution. In a flexible constitution there is no distinction between ordinary law and constitutional law. The US constitution, Indian Constitution, Bangladesh Constitution provide examples of written Constitution. For example, since the Parliament Act of 1949 the House of Lords can only delay legislation for one year. The transfer from a monarchy to parliamentary system also was free from violence. An unwritten constitution is usually flexible in nature as the amendment procedure is simple and usually there is no difference between the procedure of making an ordinary legislation and the procedure of amending the Constitution, example – British Constitution. A flexible constitution can easily adopt the needs of people with the change of time because of its elasticity. Dicey, A.V. Historically, Great Britain's constitution is an example of a flexible constitution because the country can alter it through a simple act of Parliament. An evolved constitution is the result of the historical development. After Aristotle several other political thinkers have tried to classify the constitution. After completing this session, you will be able to: Describe the contrasting views of the Constitution as timeless and perfect and the belief that it is a living document to be reinterpreted by each generation. However, most times a flexible constitution is written and it is usually in the form of a unitary constitution. It is not framed at a particular time. (4) Flexible and Rigid; Now we discuss these constitutions one by one:-(1) Evolved and Enacted Constitution: Many writers are of the view that there are two types of Constitutions-evolved and enacted. Thomas Jefferson buying the Louisiana purchase and Alexander Hamilton creating the national bank are examples of elastic cause. Judge Cooley had said that 'of all the constitutions, which may come into existence for the government of the people, the most excellent is obviously that which is the natural out growth of the national life, and which having grown and expanded as the nation has matured, is likely at any particular time to express the prevailing sentiment regarding government and the accepted principles of civil and political liberty.'. For example, the Constitution of Australia is rigid, while the British Constitution and the Israeli Constitution are flexible. They are amended in the same way. Flexible constitution is not suitable for a federal system, because the rights of constituent units are not guaranteed due to flexible nature of the constitution. Austria-Hungary had also an unwritten and flexible constitution before World War I. Ratified in 1788, the document contains 27 amendments is readily available to read online. Due to its flexible nature the constitution keeps on changing. A flexible constitution is one that is easily influenced by change and is readily amended by general legislation. No special procedure is required for amending the ordinary or constitutional law. Flexible constitutions are commonly seen in republics and democracies. Analyse the advantages of an uncodified constitution (30) Pro uncodified: It is flexible, and can be constantly added to (example recent devolution constitution changes was made much easier as it is uncodified constitution). The more convoluted an amendment process, the more rigid it is considered. In Britain constitutional changes can be made by following the same way as an ordinary law is enacted. During World War One temperance sympathies rose massively, and the 18 th Amendment, which established Prohibition in the country, was ratified in just over a year. The constitution of Britain is a classic example of a flexible constitution. Constitution may be written or largely based on conventions. The Parliament in Britain is sovereign. There is no law which parliament can not unmake and. Parliament in Britain is sovereign. Parliament in Britain is sovereign. What Are the Steps of Presidential Impeachment? All that is required is for parliament to acknowledge the need for changes and thus continue to make amendments. Among them the most scientific and acceptable to modern states is that of, Modern constitutions are classified in the following, has suggested that the classification of the. A flexible constitution is also referred to as an elastic constitution because its meanings are often stretched to apply conditions in the current document to current affairs without requiring any amendments. In the event that an amendment is necessary, the process by which it is carried out is easy to understand and offers a clear guideline for making these changes permanent. As an unwritten constitution, the UK constitution is highly flexible and can easily evolve and adapt to changing times. The Constitution of Italy down to 1928 was flexible, though written. The adaptability of flexible constitutions makes them popular among the people. • The constitution is flexible because it is able to evolve with the changing political, social, economic and moral circumstances of the era (e.g. In contrast, a flexible constitution is one in which the legislature may amend the constitution's content and principles through use of the ordinary legislative process. Both the enacted in the same way and their source is also same. of revolution. The amendment of the flexible constitution requires no special procedure. These are examples of most flexible provisions of the constitution. References. Decisions, which are based on emotions, not by reasons. Introduction to the study of the constitution. It represents the historical continuity of the nation's life and incorporates within it the changes as and when the need arises. UK Hypothetical Example of Statutes that provide constitutional change In the UK the constitution can be changed simply by passing a law in Parliament. It represents the historical continuity of the nation's life and incorporates within it the changes as and when the need arises. Learning Objectives. More flexible documents generally work better. The only surviving example of a flexible constitution and unwritten, too, is Britain. There are two possibilities if a federation is having flexible constitution. There is no law which parliament cannot make. The British Constitution is the only example of a flexible constitution in the world; otherwise almost all other countries of the world have rigid constitutions. The Constitution is flexible and can change over time to adapt. The more convoluted an amendment process, the more rigid it is considered. It allows for loose interpretation and flexibility in the Constitution. promoting political devolution in Scotland; granting independence to former colonies, referendum on Scottish independence). The constitution of England is a typical example of a flexible constitution. For example, the Constitution of Australia is rigid, while the British Constitution and the Israeli Constitution are flexible. A flexible constitution is very useful for developing a country, because it is a great expression of its development. A flexible constitution can be amended with the same ease and facility with which ordinary laws are altered. And popular passions are guided by emotions, not by reasons. The Constitution is a flexible document because of its custom, usage, tradition, broad framework, and elastic clause. (BS) Developed by Therithal info, Chennai. The United States has a flexible constitution because it contains amendments and has a set process by which additions are accepted in a standardized and straightforward manner. there is no law English constitution no marked or clear distinction between law, which are fundamental or constitutional, and laws, which are not. In Britain constitutional changes can be made by following the same way as an ordinary law is enacted. The United States has a flexible constitution because it contains amendments and has a set process by which additions are accepted in a standardized and straightforward manner. For example, you should include rules about meeting frequency in your constitution, but not about meeting time or location. A flexible constitution is based on the sound assumption of some socio-political change and premise that there cannot be a perfect constitution for all times, to tackle the socio-political changes. The British Parliament is competent to pass, amend or repeal any constitutional law in an ordinary legislative process as both constitutional laws and ordinary laws are treated alike. It does not hinder progress due to it's adaptability. Whereas France, which is very close to Britain experienced a revolution and so far five constitutions have been enacted because of revolutions and odd circumstances. The British Parliament is competent to pass, amend or repeal any constitutional law in an ordinary legislative process as both constitutional laws and ordinary laws are treated alike. In contrast, a flexible constitution is one in which the legislature may amended the constitution’s content and principles through use of the ordinary legislative process. A flexible document grants more input from current generations and allows people to exert input and current ideas on how the country is managed. Flexible constitution definition is - a constitution that may be amended by the ordinary process of legislation and is therefore relatively easy to amend. 1. Flexible constitutions were almost the only kind known to the ancient world. A political constitution is flexible and changeable while a legal constitution, such as the American Constitution, has the status of a civil religion or scripture, the constitutional document is held in high esteem and the Supreme Court has a very high status within the country as the “guardian” of the Constitution. Study Material, Lecturing Notes, Assignment, Reference, Wiki description explanation, brief detail, Flexible constitution : with Merits and Demerits. The constitution of Britain is a classic example of a flexible constitution. A constitution is a framework of legislation and principles that govern a country or state. The constitution of England is a typical example of a flexible constitution. The Constitution: Fixed or Flexible? On The other hand, where the constitution has not been passed formally as a specific document by a specific body and the fundamental principles concerning state administration exist in political customs, Judicial decisions and in some scattered documents, the constitution is an … The History of the United States' Golden Presidential Dollars, How the COVID-19 Pandemic Has Changed Schools and Education in Lasting Ways. The constitution may be changed just to satisfy thpeople who are in majority ignoring the welfare of minority. They cannot nullify any enactment of parliament. British Constitution presents a classic example of a most flexible constitution. It, is theflexible character of the British constitution, which has saved Britain on so many occasions for the danger. These documents are easy to amend and are open to updates to keep them relevant to modern trends and social values. flexible the UK constitution is. Constitutional amendments are passed in the same manner by which an ordinary law is passed. Flexible constitutions are commonly seen in republics and democracies. When the procedure of amendment is simple and easy, it is liable to be seriously affected by ever changing popular passion. what are the differences between rigid and flexible Constitution Advantages of a flexible constitution One final way in which the Constitution is flexible is the use of conventions in establishing political behaviour. This common misconception stems from the fact that the l… Any government can very easily change the provision of fundamental rights or even may delete it from the constitution. Since the British people are politically advanced, they have been successful in the working of their flexible constitution. Try to find a balance between comprehensive guidance and administrative freedom. The Amendment Process and the Elastic Clause are two of the many parts of the Constitution that make it flexible. What Does George Soros' Open Society Foundations Network Fund? The units may lose their independence and freedom and centre may become more powerful, which is against the spirit of federal system. It also allows for governments to bend in the face of extreme crises and circumstances without having to break laws or reformat national frameworks. 3. Haseler suggested that the constitution is ‘whatever the government wishes it to be’ 36, which is a powerful claim, although it demonstrates the importance of Parliamentary supremacy as a distinct cornerstone of the constitution. 4. A flexible constitution may be an unwritten constitution, such as, the constitution of Britain and New Zealand. It may divide the society and there may be a possible threat to the integration of the nation itself. It makes possible the adjustment of the constitution to the ne and the changing needs of the society. A flexible constitution can, thus, claim to feel the pulse of public opinion. The UK, on the other hand, appears to have an unwritten constitution. There is no law which parliament cannot unmake. Amendments do not always struggle to get passed. It represents the minds of people. (Harmondsworth: Penguin, 2002) [ISBN 978-0140291704]. It represents the minds of people. Explain how the elastic clause got its name. Flexible constitution is moulded by the conventions of national life. The fact that the constitution has this scope for interpretation is an example of it being reasonably flexible. It fails to provide a stable system in administration, which results in the poor performance of the government. The position is now reversed. Fact Check: Is the COVID-19 Vaccine Safe? Barnett, H. Britain unwrapped: government and constitution explained. 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