5 countries that practice flexible constitution
Introduction: Flexible Constitution Show Famous political writer, Bryce has suggested that the classification of the constitution should be based on the method of amendment to the constitution and its relation to the ordinary or statutory law. Under this scheme there are two types of constitution.-flexible and rigid. In a flexible constitution there is no distinction between ordinary law and constitutional law. Both the laws are enacted in the same manner and their source is also same. In this type, the constitution may be written or mainly based on agreements. The amendment of the flexible constitution requires no special procedure. The constitution of Britain is a classic example of a flexible constitution. The Parliament in Britain is sovereign. Here,
Merits of a flexible constitution
It is the flexible character of the British constitution, which has saved Britain on so many occasions from the danger of revolution. The transfer from a monarchy to parliamentary system also was free from violence. Whereas in France which is very close to Britain, so far five constitutions have been enacted because of revolutions and odd circumstances.
Demerits of a flexible constitution Due to its flexible nature the constitution keeps on changing. The constitution may be changed just to satisfy the people who are in majority ignoring the welfare of minority. It fails to provide a stable system in administration, which results in the poor performance of the government. When the procedure of amendment is simple and easy, it is liable to be seriously affected by ever changing popular passion. And popular passions are guided by emotions, not by reasons. These decisions, which are based on emotions, may disturb the harmony and balance of a nation. It may divide the society and there may be a possible threat to the integration of the nation itself. 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. There are two possibilities if a federation is having flexible constitution.
As the constitution can be changed by following a simple procedure, there is no guarantee that fundamental rights will not be disturbed. Any government can very easily change the provision of fundamental rights or even may delete it from the constitution. Introduction: Rigid Constitution Rigid constitutions are those, which require a special procedure for the amendment. The constitutions of USA, Australia and Switzerland are the best examples of a rigid constitution. The rigid constitution is above the ordinary law and can be changed by a procedure, which is different from the procedure of ordinary law, thus making it difficult to change. The objective is to emphasize that the constitutional law embodies the will of the sovereign, and it should be treated as sacred document. American constitution is the best example of a rigid constitution. The American congress cannot make any law contrary to the constitution. The American Supreme Court acts as the guardian of the constitution and it has right to declare any law of the congress null and void. The constitution of India is neither as flexible as the British constitution not as rigid as the American constitution. But it is midway, which means more rigid than British constitution and less rigid than American constitution. A rigid constitution is always written. Merits of Rigid Constitution
Demerits of Rigid constitution
The following are the differences between the flexible constitution and the rigid constitution
Whatever merits and demerits a rigid constitution has the fact is that modern tendency is to have a written and a rigid constitution. There is a future for rigid constitution having some elements of flexibility in it. As the constitution of India is having elements of flexibility as well as rigidity, this may provide an ideal path for forth coming generations. Hope you have liked this post. Please share it with your friends through below links. All the very best from Team Studyandscore “Study well, Score more…” - Share with your friends! - Which country is the best example for flexible constitution?The United Kingdom having an unwritten Constitution, is the best example of an extremely flexible Constitution as there is no distinction between the legislative power and the constituent power. The British Parliament has the power to change the Constitution by the ordinary process of legislation.
Which is the example of a flexible constitution?The constitution of England is a typical example of a flexible constitution. 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.
What are the countries that practice rigid constitution?Introduction: Rigid Constitution
The constitutions of USA, Australia and Switzerland are the best examples of a rigid constitution. The rigid constitution is above the ordinary law and can be changed by a procedure, which is different from the procedure of ordinary law, thus making it difficult to change.
Does South Africa have a flexible constitution?1 Does South Africa have a flexible or inflexible constitution? Give reasons for your answer. Yes. (Examine the characteristics of both flexible and inflexible constitutions and further examine ss 1 and 74 of the Constitution.)
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