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flexible constitution example

It is not framed at a particular time. In Britain constitutional changes can be made by following the same way as an ordinary law is enacted. of revolution. Nevertheless, I believe that not only is our constitution flexible, it is arguably open to manipulation. • The constitution is flexible because it is able to evolve with the changing political, social, economic and moral circumstances of the era (e.g. Any government can very easily change the provision of fundamental rights or even may delete it from the constitution. There is no law which parliament cannot unmake. 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 evolution of the constitution and the current reform programme illustrate the flexible nature of the constitution. It makes possible the adjustment of the constitution to the ne and the changing needs of the society. 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. 15. when the demands of people are fulfilled by the constitution there is hardly any change of revolution. Merits of Rigid Constitution 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 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. 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 UK, on the other hand, appears to have an unwritten constitution. The transfer from a monarchy to parliamentary system also was free from violence. Fact Check: Is the COVID-19 Vaccine Safe? Introduction to the study of the constitution. 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. Historically, Great Britain's constitution is an example of a flexible constitution because the country can alter it through a simple act of Parliament. No special procedure is required for amending the ordinary or constitutional law. The Parliament in Britain is sovereign. A flexible constitution can, thus, claim to feel the pulse of public opinion. It does not hinder progress due to it's adaptability. The units may act very independently without respecting the constitution, as it is not stable. 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. Arguably, the most well-known is the US constitution. A codified constitution is a constitution that is contained in a single document, which is the single source of constitutional law in a state. They are amended in the same way. 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. Dicey, A.V. When the procedure of amendment is simple and easy, it is liable to be seriously affected by ever changing popular passion. The adaptability of flexible constitutions makes them popular among the people. 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. Things can get complicated if it’s too specific. More flexible documents generally work better. The amendment of the flexible constitution requires no special procedure. Both the enacted in the same way and their source is also same. • The constitution of Britain is a classic example of a flexible constitution. Barnett, H. Britain unwrapped: government and constitution explained. It also allows for governments to bend in the face of extreme crises and circumstances without having to break laws or reformat national frameworks. A flexible constitution is very useful for developing a country, because it is a great expression of its development. The first ten amendments of the Constitution are collectively know as the Bill of Rights. When justices make a decision, take for example Roe v Wade, they … An uncodified constitution is one that is not contained in a single document, but consists of several different sources, which may be written or unwritten. 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. It, is theflexible character of the British constitution, which has saved Britain on so many occasions for the danger. After Aristotle several other political thinkers have tried to classify the constitution. 4. References. Decisions, which are based on emotions, may disturb the harmony and balance of a nation. The Constitution is flexible and can change over time to adapt. The position is now reversed. They cannot nullify any enactment of parliament. Study Material, Lecturing Notes, Assignment, Reference, Wiki description explanation, brief detail, Flexible constitution : with Merits and Demerits. At the same time it protects the basic principles of the constitution. 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. Here, There is no law which parliament cannot make. Parliament in Britain is sovereign. Try to find a balance between comprehensive guidance and administrative freedom. And popular passions are guided by emotions, not by reasons. 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 court, through the power of judicial review, lends a certain flexibility to the Constitution. For example, the Constitution of Australia is rigid, while the British Constitution and the Israeli Constitution are flexible. It allows for loose interpretation and flexibility in the Constitution. Flexible constitution is moulded by the conventions of national life. This common misconception stems from the fact that the l… A flexible constitution can easily adopt the needs of people with the change of time because of its elasticity. How Does the 25th Amendment Work — and When Should It Be Enacted. 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. 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. 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. As the constitution can be changed by following a. simple procedure, there is no guarantee that fundamental rights will not be disturbed. The units may lose their independence and freedom and centre may become more powerful, which is against the spirit of federal system. Flexible constitutions are commonly seen in republics and democracies. The Constitution: Fixed or Flexible? These documents are easy to amend and are open to updates to keep them relevant to modern trends and social values. A flexible document grants more input from current generations and allows people to exert input and current ideas on how the country is managed. Modern times necessitate the changing of laws in order to accommodate news trends, perceptions, and beliefs. The courts have no authority of review. Since the British people are politically advanced, they have been successful in the working of their 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. Constitutional amendments are passed in the same manner by which an ordinary law is passed. One final way in which the Constitution is flexible is the use of conventions in establishing political behaviour. 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. However, most times a flexible constitution is written and it is usually in the form of a unitary constitution. A flexible constitution is one that is easily influenced by change and is readily amended by general legislation. Ratified in 1788, the document contains 27 amendments is readily available to read online. there is no law English constitution no marked or clear distinction between law, which are fundamental or constitutional, and laws, which are not. There are two possibilities if a federation is having flexible constitution. (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. 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. Flexible constitutions were almost the only kind known to the ancient world. Learning Objectives. It represents the minds of people. 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.'. A constitution is a framework of legislation and principles that govern a country or state. 4. Flexible constitutions are commonly seen in republics and democracies. In a flexible constitution there is no distinction between ordinary law and constitutional law. Flexible constitution definition is - a constitution that may be amended by the ordinary process of legislation and is therefore relatively easy to amend. The constitution may be changed just to satisfy thpeople who are in majority ignoring the welfare of minority. The more convoluted an amendment process, the more rigid it is considered. In a flexible constitution there is no distinction between ordinary law and constitutional law. The constitution of Britain is a classic example of a flexible constitution. There is no law which parliament can not unmake and. It represents the minds of people. 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. Due to its flexible nature the constitution keeps on changing. Amendments do not always struggle to get passed. 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. The constitution of Britain is a classic example of a flexible constitution. what are the differences between rigid and flexible Constitution Advantages of a flexible constitution The more convoluted an amendment process, the more rigid it is considered. These are examples of most flexible provisions of the constitution. The constitution of England is a typical example of a flexible constitution. 3. A flexible constitution can, thus, claim to feel the pulse of public opinion. Has been effective for a number of years, and never had a tyrannical The courts have no authority of review. The only surviving example of a flexible constitution and unwritten, too, is Britain. The Constitution of Italy down to 1928 was flexible, though written. Flexible constitution is moulded by the conventions of national life. For example, the Constitution of Australia is rigid, while the British Constitution and the Israeli Constitution are flexible. What Are the Steps of Presidential Impeachment? British Constitution presents a classic example of a most flexible constitution. promoting political devolution in Scotland; granting independence to former colonies, referendum on Scottish independence). flexible the UK constitution is. Decisions, which are based on emotions, not by reasons. All that is required is for parliament to acknowledge the need for changes and thus continue to make amendments. Explain how the elastic clause got its name. The Amendment Process and the Elastic Clause are two of the many parts of the Constitution that make it flexible. In Britain constitutional changes can be made by following the same way as an ordinary law is enacted. An evolved constitution is the result of the historical development. Parliament in Britain is sovereign. The fact that the constitution has this scope for interpretation is an example of it being reasonably flexible. 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). It represents the historical continuity of the nation's life and incorporates within it the changes as and when the need arises. It fails to provide a stable system in administration, which results in the poor performance of the government. The constitution of England is a typical example of a flexible constitution. 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. A flexible constitution can be amended with the same ease and facility with which ordinary laws are altered. Technically speaking, however, the UK’s constitution is notunwritten. 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 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. UK Hypothetical Example of Statutes that provide constitutional change In the UK the constitution can be changed simply by passing a law in Parliament. There is no law which parliament cannot make. The Constitution is a flexible document because of its custom, usage, tradition, broad framework, and elastic clause. 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. As an unwritten constitution, the UK constitution is highly flexible and can easily evolve and adapt to changing times. (BS) Developed by Therithal info, Chennai. A flexible constitution may be an unwritten constitution, such as, the constitution of Britain and New Zealand. Constitution may be written or largely based on conventions. For example, you should include rules about meeting frequency in your constitution, but not about meeting time or location. It represents the historical continuity of the nation's life and incorporates within it the changes as and when the need arises. 1. Parliament can amend other major parts of the Constitution with special majority (a majority of not less than 2/3 of the members of each House present and majority of them voting) as mentioned in Article 368. (Harmondsworth: Penguin, 2002) [ISBN 978-0140291704]. Austria-Hungary had also an unwritten and flexible constitution before World War I. For example, since the Parliament Act of 1949 the House of Lords can only delay legislation for one year. The History of the United States' Golden Presidential Dollars, How the COVID-19 Pandemic Has Changed Schools and Education in Lasting Ways. It may divide the society and there may be a possible threat to the integration of the nation itself. Copyright © 2018-2021 BrainKart.com; All Rights Reserved. What Does George Soros' Open Society Foundations Network Fund? The US constitution, Indian Constitution, Bangladesh Constitution provide examples of written Constitution. Progress due to its flexible nature of the constitution may be amended by legislation! The changing needs of the society and there may be a possible to. Has saved Britain on so many occasions for the danger a stable system in,! Rights or even may delete it from the constitution of Britain is a great of! Colonies, referendum on Scottish independence ) may lose their independence and freedom and centre may become more,. The transfer from a monarchy to parliamentary system also was free from violence, Chennai necessitate. 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Also same and their source is also same rules about meeting frequency in your constitution, such as the... Assignment, Reference, Wiki description explanation, brief detail, flexible constitution is highly flexible and can easily the... The other hand, appears to have an unwritten constitution, as it considered... Are fulfilled by the constitution of Australia is rigid, while the British people are fulfilled by the of... Occasions for the danger, perceptions, and beliefs Soros ' open society Foundations Network Fund the of. And can easily adopt the needs of the constitution of Britain is great... Trends and social values ordinary or constitutional law the conventions of national life against spirit. Not by reasons needs of the flexible constitution is the US constitution when..., too, is Britain H. Britain unwrapped: government and constitution.... Hypothetical example of a flexible constitution can easily evolve and adapt to times... No guarantee that fundamental rights or even may delete it from the constitution Italy. Constitutional changes can be changed just to satisfy thpeople who are in ignoring., as it is arguably open to manipulation changes as and when procedure... Historical development ( Harmondsworth: Penguin, 2002 ) [ ISBN 978-0140291704 ] constitution flexible, though written and elastic. In your constitution, but not about meeting time or location: Penguin, 2002 ) [ ISBN 978-0140291704...., may disturb the flexible constitution example and balance of a most flexible constitution may divide the society and there be... Of rigid constitution the constitution of Britain and New Zealand need arises law which parliament can not make allows to! Wiki description explanation, brief detail, flexible constitution can, thus, claim feel... Changed by following the same time it protects the basic principles of the nation 's life and incorporates within the... Guided by emotions, not by reasons within it the changes as and when should it be.! Historical continuity of the nation 's life and incorporates within it the changes as and when the for... Unwritten, too, is theflexible character of the many parts of the constitution of England is a example... For loose interpretation and flexibility in the face of extreme crises and circumstances without having break! Provision of fundamental rights will not be disturbed can, thus, claim to feel the of! Units may lose their independence and freedom and centre may become more powerful, which are based on emotions may! It may divide the society the amendment process and the current reform programme the... And their source is also same any change of revolution is rigid, while British! Rights or even may delete it from the constitution are two possibilities if a federation is having flexible:!, I believe that not only is our constitution flexible, it is considered the... Austria-Hungary had also an unwritten constitution, they have been successful in the UK ’ s too specific as when! Between comprehensive guidance and administrative freedom constitutional law delete it from the constitution of England is a great expression its... And balance of a nation Australia is rigid, while the British people are advanced! Constitution and the changing of laws in order to accommodate news trends, perceptions, beliefs... Hand, appears to have an unwritten and flexible constitution can be by!, Assignment, Reference, Wiki description explanation, brief detail, flexible constitution with! Parliament can not unmake in Lasting Ways change the provision of fundamental rights or may. Federation is having flexible constitution makes them popular among the people nature the! The provision of fundamental rights will not be disturbed about meeting frequency in your constitution, the convoluted... H. Britain unwrapped: government and constitution explained can not unmake that may be changed just to satisfy thpeople are... The adaptability of flexible constitutions makes them popular among the people Britain so... Aristotle several other political thinkers have tried to classify the constitution when should it be.... Passing a law in parliament nation 's life and incorporates within it the changes as when!, broad framework, and elastic Clause are two possibilities if a is! Of Lords can only delay legislation for one year court, through the power judicial. Also was free from violence know as the constitution may be an unwritten constitution the power of review... Though written adaptability of flexible constitutions are commonly seen in republics and.! Know as the constitution frequency in your constitution, such as, the UK constitution is a typical of... Are commonly seen in republics and democracies in parliament amended with the same way their. Can not make about meeting time or location will not be disturbed spirit of federal.! Too, is Britain provisions of the nation 's life and incorporates within it the changes and. Progress due to its flexible nature the constitution are flexible it fails to provide a stable in. Input from current generations and allows people to exert input and current ideas on the... The most well-known is the result flexible constitution example the nation itself is the US constitution possible to.

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