flexible constitution example

This common misconception stems from the fact that the l… 3. All that is required is for parliament to acknowledge the need for changes and thus continue to make amendments. (BS) Developed by Therithal info, Chennai. 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. In a flexible constitution there is no distinction between ordinary law and constitutional law. A flexible constitution can, thus, claim to feel the pulse of public opinion. What Does George Soros' Open Society Foundations Network Fund? 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 courts have no authority of review. 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 US constitution, Indian Constitution, Bangladesh Constitution provide examples of written Constitution. The first ten amendments of the Constitution are collectively know as the Bill of Rights. In a flexible constitution there is no distinction between ordinary law and constitutional law. An evolved constitution is the result of the historical development. 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. The courts have no authority of review. 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. It fails to provide a stable system in administration, which results in the poor performance of the government. Fact Check: Is the COVID-19 Vaccine Safe? The transfer from a monarchy to parliamentary system also was free from violence. Modern times necessitate the changing of laws in order to accommodate news trends, perceptions, and beliefs. The History of the United States' Golden Presidential Dollars, How the COVID-19 Pandemic Has Changed Schools and Education in Lasting Ways. In Britain constitutional changes can be made by following the same way as an ordinary law is enacted. At the same time it protects the basic principles of the constitution. It is not framed at a particular time. 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. The UK, on the other hand, appears to have an unwritten constitution. 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). What Are the Steps of Presidential Impeachment? Try to find a balance between comprehensive guidance and administrative freedom. These are examples of most flexible provisions of the 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. Amendments do not always struggle to get passed. Parliament in Britain is sovereign. Parliament in Britain is sovereign. The position is now reversed. It makes possible the adjustment of the constitution to the ne and the changing needs of the society. 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. Due to its flexible nature the constitution keeps on changing. How Does the 25th Amendment Work — and When Should It Be Enacted. There is no law which parliament cannot make. The more convoluted an amendment process, the more rigid it is considered. Nevertheless, I believe that not only is our constitution flexible, it is arguably open to manipulation. 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. The constitution of Britain is a classic example of a flexible constitution. Austria-Hungary had also an unwritten and flexible constitution before World War I. 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 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. The evolution of the constitution and the current reform programme illustrate the flexible nature of the constitution. 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 constitution is flexible because it is able to evolve with the changing political, social, economic and moral circumstances of the era (e.g. 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. These documents are easy to amend and are open to updates to keep them relevant to modern trends and social values. A flexible constitution can be amended with the same ease and facility with which ordinary laws are altered. 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. A flexible constitution can, thus, claim to feel the pulse of public opinion. Flexible constitutions are commonly seen in republics and democracies. No special procedure is required for amending the ordinary or 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 of Britain is a classic example of a flexible constitution. Historically, Great Britain's constitution is an example of a flexible constitution because the country can alter it through a simple act of Parliament. It represents the minds of people. Learning Objectives. Explain how the elastic clause got its name. A flexible constitution is one that is easily influenced by change and is readily amended by general legislation. 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. The Constitution of Italy down to 1928 was flexible, though written. The units may act very independently without respecting the constitution, as it is not stable. The fact that the constitution has this scope for interpretation is an example of it being reasonably flexible. It represents the historical continuity of the nation's life and incorporates within it the changes as and when the need arises. 1. When justices make a decision, take for example Roe v Wade, they … (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. References. For example, since the Parliament Act of 1949 the House of Lords can only delay legislation for one year. The court, through the power of judicial review, lends a certain flexibility to the Constitution. A flexible constitution can easily adopt the needs of people with the change of time because of its elasticity. The constitution may be changed just to satisfy thpeople who are in majority ignoring the welfare of minority. Flexible constitutions are commonly seen in republics and democracies. More flexible documents generally work better. flexible the UK constitution is. 4. 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. Since the British people are politically advanced, they have been successful in the working of their flexible constitution. The units may lose their independence and freedom and centre may become more powerful, which is against the spirit of federal system. 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 … 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. 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. 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