A flexible constitution is usually one that does not contain great detail, or one in which the meanings of the words themselves are rather broad, leaving room for a variety of interpretations. Arguably, the most well-known is the US constitution. Article Five of the U.S. Constitution prohibits any amendments which would deprive a state of its "equal Suffrage in the Senate" without that state's consent. By definition a flexible constitution contains uncertainties and is not definitively written down. But, say its advocates, we also embrace the … 1. The Flexible Constitution Sean Wilson Assistant Professor, Wright State University sean.wilson@wright.edu (304) 745-7480. resulting in a constitution that loses both functionality and legitimacy. The US constitution is commonly described as being very rigid. Assignment of taxes and fees to the States The Constitution of the Netherlands is of the historical type: it is based on more or less incremental developments. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Sen-ate and House of Representatives. %PDF-1.3 %���� We have The Flexible Constitution txt, PDF, ePub, doc, DjVu formats. The present constitution is the written constitution as revised in 1982 with some amendments added thereafter. ;��p���ڰ��D ����`��= DT The House of Representatives shall be composed of Mem-bers chosen every second Year by the People of the several constituteproject.org Mongolia's Constitution of 1992 with Amendments through 2001 Subsequently amended ?~x:>~�����p�������՛��ǃO(!�*�d�����|���(?|Q^R��b/!fGP3%���:�v,E�]/��R�3蒿������E�Ȏ�!tg%���������������3����'k�~��p��3��lx^XE��PWQF����/��3��~��L%Wwb��!f~V}"e�Y��ݞ��wx�k��;9[��ݭ��NN>i�� �]��� Rigid versus flexible constitutions Another potentially useful categorization of constitutions is whether they are rigid or flexible. On the basis of its physical form, a constitution can be classified into written and unwritten. Introduction It is commonly supposed, on both sides of the Channel, that Britain has little to contribute by way of constitutional theory to the development of Section 284 of Article 18 of the AlabamaState Constitution state… It is liable to fall a prey to the whims and caprices of political demagogues who are moved by passions and emotions rather than by reason. The Constitution is a flexible document because of its custom, usage, tradition, broad framework, and elastic clause. The book presents a new Wittgensteinian understanding of Constitutional Law and provides the most thorough philosophic critique of originalism. A rigid constitution is one that is not easily changed. Article-64 of the constitution declares, “Amendments to the constitution are to be propose by the standing committee of National People Congress (NPC) and by more than I/5 th of the deputies to the NPC and adopted the majority vote of more than 2/3 rd of all deputies to the Congress”. l distinguish between a written and an unwritten, as well as a rigid and a flexible constitution; l analyse the nature of the Indian Constitution; T. MODULE - 2 Notes 45 Preamble and The Salient Features of The Constitution of India Aspects of the Constitution of India SECTION. 2. 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 flexible constitution : sean wilson : The Flexible Constitution by Sean Wilson, 9780739197301, available at Book Depository with free delivery worldwide. 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Amending the Constitution of India is the process of making changes to the nation's fundamental law or supreme law. It provides a brief summary of the book in conversational format. This Assembly was an indirectly elected body . Flexible constitution definition is - a constitution that may be amended by the ordinary process of legislation and is therefore relatively easy to amend. Flexible constitution A constitution that can be changed without great difficulty, though few constitutions will be able to be changed by the process used to change ordinary laws. Rigid constitution definition is - a constitution that is difficult or slow to change usually because of a prescribed process of amendment that is detailed and lengthy in execution. The constitution is both important for the people and the state. Some advantages of a flexible constitution include: Its ability to change quickly in accordance with changes in the social and political environment of the society and the state. It provides a brief summary of the book in conversational format. Demerits of a flexible constitution: 1. A constitution that can be changed without great difficulty, though few constitutions will be able to be changed by the process used to change ordinary laws. The benefits of a flexible constitution, a more developed common law, temperate habits of compromise, etc., are shared only by the small ruling class ; … However, most times a flexible constitution is written and it is usually in the form of a unitary constitution. The administration will be weak if the constitution is amended frequently. This is because it can lead to undesired changes by the federal government or governments of federating units. 1.1.1–1.1.2. TST 1.4.4 The Constitution has been flexible as the creators intended it to be, you see because of the elastic clause giving the government the right to extend its power and meet the “new” situations its allowing Congress to meet Americas needs. The constitution may be changed just to satisfy thpeople who are in majority ignoring the welfare of minority. It is dynamic; hence there is less opportunity for revolt. Due to its flexible nature the constitution keeps on changing. A constitution, a document that establishes a framework for a government, is frequently describes as "rigid" if changing the provisions of the constitution is unusually difficult. 5. 4. The constitution may be changed just to satisfy thpeople who are in majority ignoring the welfare of minority. A flexible constitution is usually one that does not contain great detail, or one in which the meanings of the words themselves are rather broad, leaving room for a variety of interpretations. Disadvantages of a flexible constitution include: It is a source of instability. ‘Far from being rigid, the US constitution is remarkably flexible.’ Discuss. ]�4x���o^7�1fif���k<6��{�&�jz0f����S 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. Demerits of a flexible constitution: 1. A constitution is said to be rigid when it is difficult to amend or change. Start studying 3.5, flexible constitution. This is because the government in power can use it for its benefit. If you continue to use this site we will assume that you are happy with it. Part 1: Introduction to constitution-making processes, Part 2: Tasks in a constitution-making process, Part 3: Institutions, groups, and procedures, Part 4: Guide to key external actors in the process: Civil society, the media, and the international community. Some states restrict the kind of amendment to which they may be subject. )�'B�_���K� ϫ������ߗ��r]\צ�Ϛ)ģ�x�XG��R;���!A���%dJ^_�O��S��_��Ḽ�ǻ����wo~������? Hence, modern scholars suggest a middle path. Both have their merits and demerits. Constitution of India 5 PREAMBLE AND THE SALIENT FEA TURES OF THE CONSTITUTION OF INDIA he Constitution of India was framed by a Constituent Assembly . View Test.pdf from HIST 17B at American River College. Indian Constitution is both rigid and flexible in the following manner: (i) The procedure of amendment is neither as easy as in England nor as difficult as in United States. It had laid down certain ideals to be included in the Constitution. This is usually to protect characteristics of the state considered sacrosanct, such as the democratic form of government or the protection of fundamental human rights. RIGID vs. Helpful in meeting emergencies since it can be easily amended. A rigid constitution cannot be amended easily. The Flexible Constitution Sean Wilson Assistant Professor, Wright State University sean.wilson@wright.edu (304) 745-7480. This stems from the fact that it is codified – laid down in one singular sovereign document, which sets out both the powers and limitations of each distinct branch of government, for instance… Auditor General 106. powers and duties of Auditor General 107. As a result, its purity and legitimacy suffer erosion. Anckar, Dag, and Lauri Karvonen. constitution has kept its written form, though it was comprehensively revised three times, in 1975, 1978, and 1982. Similarly, the first constitution of the Irish Free State (1922-37) was written and it provided for two methods of amendment, but it “became, in practice, flexible.” The rigid constitution possesses a special and higher status, standing above the ordinary law and alterable by a procedure different from the one used in the case of ordinary law, thus, making it difficult to change. The Contemporary Relevance of the Constitutional Thinking of James Bryce David Edward* 1. ‘Far from being rigid, the US constitution is remarkably flexible.’ Discuss. Nevertheless, I believe that not only is our constitution flexible, it is arguably open to manipulation. Views, of course are expressed by different writers that this classification of Constitution ( written and unwritten ) is not a scientific one since no Constitution can, in practice, be fully written or unwritten, An unwritten Constitution must have some written elements. This categorization refers to how easily a constitution can be amended and how easily the constitutional landscape and framework can change. SECTION. Federal Constitution Article 103. Flexible Constitution: ADVERTISEMENTS: A flexible constitution is one which can be amended in an ordinary legislative process by the ordinary legislature. I thought I’d start with … A constitution that can be changed without great difficulty, though few constitutions will be able to be changed by the process used to change ordinary laws. Contingencies Fund 104. withdrawals from Consolidated Fund 105. 1. For the people, the constitution provides their social protection wherein their right and privileges as citizens of a particular country is stated. Constitution Brief April 2017 Summary This Constitution Brief provides basic information about the nature and functions of constitutions and is intended for use by constitution-makers and other democratic actors and stakeholders in Myanmar. On the basis of the amendment procedure (procedure for making changes to the Constitution), a Constitution can be classified into rigid and flexible. =�A��=��tƞcܭD��98���2�OfYb�t�͈eAAl��g�QE�� ��,*8'��W�����؎�XM�hz��R��D���)E�>�'�g�z;Ⱥ����l%�i2M���� �Md�ġ�wپ�RĹ�B��HP�D�1lv��5�KѬ_���������.4�9H2l��35֍�V�xM�0%����f|q�-��R�� ИnQ��;�y. All constitutional amendments can be made by a simple majority of the legislature. Constitution for the United States of America. 2. Flexible Constitution The China Constitution of 1982 is flexible. The Community's Constitution Rigid or Flexible? This is an interview with the author of the Flexible Constitution. 2. (b) Rigid and Flexible Constitution Rigid Constitution That a constitution is rigid definitely refers to the difficulty of its amendment process as may be stipulated by the constitution. PDF generated: 20 Jul 2020, 22:05 This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. A constitution is a framework of legislation and principles that govern a country or state. It argues that originalism is incompatible with the American legal system because of the way the legal culture treats enacted law. 1. Flexible Constitution Rigid Constitution; A flexible constitution can be amended with great ease, just like the ordinary laws. 1 The current formal constitution, the Grondwet, 2 is generally considered to date back to the one issued in 1814, which constituted a constitutional monarchy in the Netherlands, and to 1815, when this was amended to implement the results of the Vienna Congress. The British Constitution provides the glaring example of unwritten constitution. A flexible constitution is one that is easily influenced by change and is readily amended by general legislation. The book presents a new Wittgensteinian understanding of Constitutional Law and provides the most thorough philosophic critique of originalism. 2. Grants to States 110. Ratified in 1788, the document contains 27 amendments is readily available to read online. Flexible Constitution A constitution that can be changed or amended by normal law-making procedures in the parliament.A flexible constitution is better adapted to changing situations 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. On the other hand, a constitution that is too flexible—making formal amendments too easy—leaves the constitution and the rights and institutions it establishes vulnerable to erosion by the incumbent government. The Flexible or Elastic Constitution is the kind of constitution that can be easily be changed. Article. A flexible constitution is said to be in a state of perpetual flex and it is less stable than a rigid constitution because it can be easily amended. A Constitution can be classified into two types 1. Constitutions are widely classified into two categories, firstly written and unwritten ; and secondly, rigid and flexible. U�� �N���ng�j;f`u�p2h���;�;�tĎ��3e�}8k)�t? (ii) The Federal Provision of the Constitution cannot be amended easily. Flexible constitution is a constitution that is not defined or set apart in a distinct document and that is not distinguishable from other laws in the way in which its terms can be legislatively altered. e.g., the division of powers between the centre and the states. Learn vocabulary, terms, and more with flashcards, games, and other study tools. 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