They are amended in the same way. There is no law which parliament cannot unmake. of revolution. The Parliament in Britain is sovereign. Constitutional amendments are passed in the same manner by which an ordinary law is passed. For example, you should include rules about meeting frequency in your constitution, but not about meeting time or location. For example, the Constitution of Australia is rigid, while the British Constitution and the Israeli Constitution are flexible. As an unwritten constitution, the UK constitution is highly flexible and can easily evolve and adapt to changing times. Arguably, the most well-known is the US constitution. The courts have no authority of review. 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. 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. These are examples of most flexible provisions of the constitution. A flexible constitution is one that is easily influenced by change and is readily amended by general legislation. At the same time it protects the basic principles of the 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. However, most times a flexible constitution is written and it is usually in the form of a unitary constitution. Has been effective for a number of years, and never had a tyrannical It, is theflexible character of the British constitution, which has saved Britain on so many occasions for the danger. 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). there is no law English constitution no marked or clear distinction between law, which are fundamental or constitutional, and laws, which are not. 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. These documents are easy to amend and are open to updates to keep them relevant to modern trends and social values. Study Material, Lecturing Notes, Assignment, Reference, Wiki description explanation, brief detail, Flexible constitution : with Merits and Demerits. 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 constitution may be changed just to satisfy thpeople who are in majority ignoring the welfare of minority. It represents the minds of people. It represents the minds of people. Technically speaking, however, the UK’s constitution is notunwritten. It allows for loose interpretation and flexibility in the Constitution. One final way in which the Constitution is flexible is the use of conventions in establishing political behaviour. The units may act very independently without respecting the constitution, as it is not stable. Any government can very easily change the provision of fundamental rights or even may delete it from the constitution. How Does the 25th Amendment Work — and When Should It Be Enacted. (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. Flexible constitutions are commonly seen in republics and democracies. The History of the United States' Golden Presidential Dollars, How the COVID-19 Pandemic Has Changed Schools and Education in Lasting Ways. All that is required is for parliament to acknowledge the need for changes and thus continue to make amendments. Due to its flexible nature the constitution keeps on changing. Flexible constitutions were almost the only kind known to the ancient world. When the procedure of amendment is simple and easy, it is liable to be seriously affected by ever changing popular passion. Decisions, which are based on emotions, may disturb the harmony and balance of a nation. The Amendment Process and the Elastic Clause are two of the many parts of the Constitution that make it flexible. It represents the historical continuity of the nation's life and incorporates within it the changes as and when the need arises. It makes possible the adjustment of the constitution to the ne and the changing needs of the society. 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. 4. The adaptability of flexible constitutions makes them popular among the people. what are the differences between rigid and flexible Constitution Advantages of a flexible constitution Constitution may be written or largely based on conventions. This common misconception stems from the fact that the l… The courts have no authority of review. Flexible constitution is moulded by the conventions of national life. A flexible constitution may be an unwritten constitution, such as, the constitution of Britain and New Zealand. The Constitution: Fixed or Flexible? 15. 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 not framed at a particular time. 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 also allows for governments to bend in the face of extreme crises and circumstances without having to break laws or reformat national frameworks. It may divide the society and there may be a possible threat to the integration of the nation itself. After Aristotle several other political thinkers have tried to classify the 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. Things can get complicated if it’s too specific. 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.'. Nevertheless, I believe that not only is our constitution flexible, it is arguably open to manipulation. Parliament in Britain is sovereign. Here, There is no law which parliament cannot make. 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 … It fails to provide a stable system in administration, which results in the poor performance of the government. 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. The evolution of the constitution and the current reform programme illustrate the flexible nature 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. (Harmondsworth: Penguin, 2002) [ISBN 978-0140291704]. A flexible document grants more input from current generations and allows people to exert input and current ideas on how the country is managed. It does not hinder progress due to it's adaptability. It represents the historical continuity of the nation's life and incorporates within it the changes as and when the need arises. 1. 3. And popular passions are guided by emotions, not by reasons. 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 Constitution of Italy down to 1928 was flexible, though written. There is no law which parliament can not unmake and. When justices make a decision, take for example Roe v Wade, they … Introduction to the study of the constitution. A flexible constitution can be amended with the same ease and facility with which ordinary laws are altered. 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. Merits of Rigid 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. Modern times necessitate the changing of laws in order to accommodate news trends, perceptions, and beliefs. The constitution of England is a typical example of a flexible constitution. flexible the UK constitution is. The constitution of Britain is a classic example of a flexible constitution. Amendments do not always struggle to get passed. The units may lose their independence and freedom and centre may become more powerful, which is against the spirit of federal system. Try to find a balance between comprehensive guidance and administrative freedom. References. 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. A codified constitution is a constitution that is contained in a single document, which is the single source of constitutional law in a state. 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. Flexible constitutions are commonly seen in republics and democracies. British Constitution presents a classic example of a most flexible constitution. The position is now reversed. A flexible constitution can, thus, claim to feel the pulse of public opinion. 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