flexible constitution example

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