In the flexible constitution the powers and functions of the government are assumable by the parliament. The American constitution is a classical example of rigid constitution. It is formulated by laws passed by the Parliament. PreserveArticles.com: Preserving Your Articles for Eternity, Useful information on rigid and flexible constitution, Short Essay on Rigid & Flexible Constitution, Short essay on Rigid & Flexible Constitution. A flexible constitution is one that is easily influenced by change and is readily amended by general legislation. The constitution should not be lengthy. What is a Constitution? A constitution is a framework of legislation and principles that govern a country or state. Must be comprehensive and cover government aspects 5. The Constitution of the People's Republic of China is nominally ... four big rights", often called the "four bigs": to speak out freely, air views fully, hold great debates, and write big-character posters. There is a special procedure for constitutional amendment. What is a Constitution? Principle of Parliamentary Supremacy is … 4. Our mission is to liberate knowledge. Parliament itself decides what shall be the Constitution and according to that only functions and authority of Executive and Judiciary are determined Consequently, Right to Judicial Review is found i.e. Privacy Policy For the people, the constitution provides their social protection wherein their right and privileges as citizens of a particular country is stated. This led progressives to the belief that the Constitution … The British constitution is a classic example of flexible constitution. Learn more about Fundamental Rights and Duties In this system constitutional law and ordinary law are framed by the parliament of the country. The life of the people because of the flexible constitutions of that … PreserveArticles.com is an online article publishing site that helps you to submit your knowledge so that it may be preserved for eternity. Also, about 90 Articles have been added since 1951 and there have been more than 100 Amendments. • The constitution is flexible because it is able to evolve with the changing political, social, economic and moral circumstances of the era (e.g. Constitution Day of India 2020: It is observed on 26 November every year. 4. What Are Characteristics of a Good Constitution? Notes on Indian Constitution – Partly Rigid and Partly Flexible. 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 British Constitution is unwritten, flexible, monarchical, unitary, subordinate to the legislature and based on a partial or limited degree of separation. A rigid constitution is one which cannot be amended, in the manner in which ordinary laws are passed amended or repealed. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Distinguish between rigid and flexible constitution. The main federal features of the Indian Constitution are as follows: 1. It can be passed, amended and repealed by simple majority of Parliament since no distinction is made between a constitutional law and an ordinary law. Give the best example for flexible constitutions. It is dynamic; hence there is less opportunity for revolt. Welcome to Sarthaks eConnect: A unique platform where students can interact with teachers/experts/students to get solutions to their queries. Allied to their written or unwritten char- acter, constitutions may also be classified as rigid or flexible. Flexible Constitution. Flexible Constitution. It is not hard to see why this is an essential discipline in the UK’s flexible constitution, in which a sovereign Parliament has unlimited power to override even the most longstanding and important of constitutional principles through ordinary legislation. No law is unconstitutional if passed by the Parliament. In this system judiciary does not exercise its power of judicial review. Constitutional law can be amended as in the form of amendment of ordinary law. Both are not placed on an equal footing. As opposed to a … USA preamble: We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquillity, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America They are placed on an equal footing. 3. A rigid constitution is one in which amendment is very difficult, requiring special procedures to be employed before any changes can be made. If, to take another example, your country has endured years of religious strife and fears foreign invasion by … Normative constitutions predominate in the United States, Australia, Canada, Japan, and the countries of western Europe, while nominal constitutions are common in countries ruled by a one-person or a one-party dictatorship or by a military junta. The Swiss constitution is still more rigid. Merits of a flexible constitution. It is formulated by a Constituent Assembly formed for this purpose only. Must be definite and clear. It makes possible the adjustment of the constitution to the changing needs of the society. Disclaimer Parliament – the supreme law-making body within the United Kingdom – may the… Start studying 5 Characteristics of the Constitution. 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”. Living constitution Background. 2. Scott Swigart/CC-BY 2.0 . 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. Monarchical is where the Queen is head of the state. A Constitutional law and an ordinary law are treated alike. *Indian constitution is neither flexible nor rigid we can gradually change as per contemporary society. The rigid constitution contributes to political stability. Ordinary law in U.S.A. can be passed by a simple majority of the Congress, whereas the constitutional laws can be amended only by the agreement of two thirds majority of the Congress and three fourths of the states. 5. difference, constitution, flexible, rigid. If a special procedure or organ is needed for its amendment, it is a rigid constitution. The Flexible or Elastic Constitution is the kind of constitution that can be easily be changed. It is theflexible character of the British constitution, which has saved Britain on so many occasions for the danger of revolution. 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. But, as the Articles are not separately added but as a part of an existing Article, the total number of Articles remain the same. 2. • The constitution is flexible because it is able to evolve with the changing political, social, economic and moral circumstances of the era (e.g. On the other hand, if you have a flexible constitution, major changes can be made using the normal legislative process. In other words, the British constitution was not made, it has grown – Sir Ivor Jennings. The more convoluted an amendment process, the more rigid it is considered. Hence the procedure for amendments of the constitution is less as opposed to an inflexible constitution, where the need for a special majority and referendum need to take place. The following are the merits of a flexible constitution: Merits of Flexible Constitution (1) It prevents internal revolts and revolutions: In a flexible constitution the nation is protected against internal revolts and revolutions. It makes possible the adjustment of the constitution to the changing needs of the society. The features of the flexible constitution are explained as below : 1. No distinction is made between the constitution making authority and the ordinary law making authority. The constitution is both important for the people and the state. 6. By contrast, the British constitution is essentially flexible. Constitutional law cannot be amended by the ordinary legislature using normal legislative procedure. It is a sovereign body, at once enjoying the ordinary law making powers and constitutional law making powers. It must be, thus approved by majority of all the voters casting their vote and by majority of such votes in majority of Cantons. 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 be amended with the same ease and facility with which ordinary laws are altered. 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. Which one of the following statements is true in respect of the characteristics of the British Constitution… Indian Constitution is ‘flexible’ (it can be amended), but it is also ‘rigid’ (as some part, i.e., its ‘basic structure’ cannot be amended). This is because it can lead to undesired changes by the federal government or governments of federating units. The constitution of England is a typical example of a flexible constitution. An amendment whether proposed by the Federal Assembly or through initiative needs to be approved by the Cantons and the electorate through referendum. Merits of Rigid Constitution. ADVERTISEMENTS: The Indian federal system of today has many such characteristics which are essential for a federal polity. Constitutional law can be amended as in the form of amendment of ordinary law. Instead of changing the law, if that is desired, in the usual way, a rigid constitution makes it very difficult to amend provisions which made sense at the time, but may not do so now. Here are some of the characteristic of UK Constitution: 1. promoting political devolution in Scotland; granting independence to former colonies, referendum on Scottish independence). These may be considered to be the key characteristics of an ideal constitution and must always be borne in mind whenever constitutions are being drafted for the first time, amended or reformed. In the flexible constitution, there is no difference between constitutional law and ordinary law. Other Facts of Constitution. Federalism means the distribution of powers of the state among the number of coordinate bodies each originatinf in and controlled by 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. Arguably, the most well-known is the US constitution. : A constitution is a written document that outlines the make-up of a government and spells out the powers, authority, and duties of that government. All of the above mentioned constitutions have their different features and characteristics. Content Guidelines A flexible constitution is one which can be amended in an ordinary legislative process by the ordinary legislature. Home / World View / Social Sciences / What Are Characteristics of a Good Constitution? A law which the constitution forbids or a law made by an organ not empowered to do so by the constitution shall be an unconstitutional law. At present, the Constitution of India contains 448 Articles, 25 Parts, and 12 Schedules. State five characteristics of a good constitution. They prevent future generations from being bound by past commitments when it no longer serves the common good. Its authority is limited by 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. Ratified in 1788, the document contains 27 amendments is readily available to read online. Constitutional amendments are passed in the same manner by which an ordinary law is passed. The legislature under a rigid constitution is not sovereign. For example, the Constitution of Australia is rigid, while the British Constitution and the Israeli Constitution are flexible. All the articles you read in this site are contributed by users like you, with a single vision to liberate knowledge. The transfer from a monarchy to parliamentary system also was free from violence. Answers. No distinction is made between the constitution making authority and the ordinary law making authority. It has 395 Articles and 12 Schedules. A flexible constitution can easily adopt the needs of people with the change of time because of its elasticity. Must protect the rights and freedoms of citizens. It is at once a legislature and a constituent assembly. 1. A flexible constitution is one which can be amended in an ordinary legislative process by the ordinary legislature. The third characteristic of the constitution is; monarchical or republican. In February 1980, following the Democracy Wall period, the four bigs were abolished in response to a party decision ratified by the National People's Congress. Explain the features of rigid constitution. Both are treated alike. 3. For instance, there have been fewer revolts and revolutions in England because of the flexible constitution of that country. It cannot be amended in the manner in which ordinary laws are passed, amended or repealed. Must be flexible to adjust to changes the society. Constitutions also can be classified as “rigid” or “flexible.”. 2. Written Constitution: ADVERTISEMENTS: The Indian Constitution is a written document containing 395 Articles and 12 schedules, and therefore, fulfils this basic requirement of a federal […] PreserveArticles.com is a free service that lets you to preserve your original articles for eternity. A Constitutional law and an ordinary law are treated alike. 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