Advantages and disadvantages of Rigid constitution.
Discuss the advantages and disadvantages of Rigid constitution.
The positive and negative aspects of Rigid constitution.
Merits and demerits of Rigid constitution.
The concept of Rigid constitution: -
On the basis of amending the constitution, Lord Bryce divided the constitution into two parts - flexible and rigid constitution. Those constitutions which cannot be changed or cannot enacted in the ordinary manner are called rigid constitutions. In such constitutions, special and complex procedures are adopted for the introduction or amendment of laws.
The United States and Switzerland are among the countries that have rigid constitutions.
Advantages of rigid constitution: -
1. Stability: - A rigid constitution is generally stable in nature. The constitution cannot be changed by any simple method. As a result, the sudden outbursts and emotions of the people; Nor can tor the sake of the government's own interests , constitution can not be easily amended . Hence the rigid constitution is stable in nature.
2. Suitable for the federal system: - If the constitution is not rigid in the federal system, it creates special complications in the administrative management. The rigid constitution divides the powers and functions between the central government, the state government and various government institutions. As a result, it is not possible to avoid responsibility in any department.
3. Preventing the Autocratic Tendency of the Central Government: - A rigid constitution helps to curb the authoritarian tendency of the Central Government. Due to the unchangeable nature of the constitution, the government cannot change the constitution at its own whim. As a result, it is not possible for the government to interfere in the fundamental rights of the citizens or to curtail the power of the state governments.
4. Dominance of constitutional law: - In a rigid constitutional system, constitutional law is given priority instead of conventional and general law. As a result, the administration of the state is free from complications and every department and institution of the government enjoys its powers and performs its duties in accordance with the constitution.
5. Protection of Civil Rights: - A rigid constitution plays an important role in protecting the rights of citizens. The rights of citizens are enshrined in writing in a rigid constitution. As a result, the government cannot change the constitution for the sake of its own interests and in any way curtail the rights of the citizens.
6. Clarity: - The rigid constitution clearly mentions the responsibilities, duties and powers of the citizens, various departments and institutions of the government. As a result, each department has its own powers and responsibilities. On the other hand, the rights of the citizens are clearly mentioned so that the citizens can be aware of their rights.
7. Dominance and Dignity of the Constitution: - The supremacy of the Constitution is established in the management of the state in a rigid constitutional system. The government cannot change the basic structure of the constitution if it wants to. As a result, a rigid constitution is ahead of a flexible constitution in terms of dignity.
8. Constitutional Independence: - Every constitution has its own characteristics. Each constitution is based on specific principles. In a rigid constitutional system, the constitution is able to maintain its own uniqueness because it is not easily changeable.
Disadvantages of a rigid constitution: -
1. Not compatible with variability: - Every society, economy, politics - etc are always changing. But if the constitution is rigid, it cannot be adjusted with variability. As a result, various obstacles are created in the management of the state.
2. Fear of creating the possibility of conflict and protest: - It is not possible to change the rigid constitution easily in keeping with the variability. As a result, if the hopes and aspirations of the people are not fulfilled through the constitutional system, it creates the possibility of conflict and protest and paves the way for anarchy..
3. Dominance of the Judiciary: - The judiciary is the protector and interpreter of the rigid constitution. As a result, in a rigid constitutional system, the constitution became virtually the property of the judiciary. The judiciary can interpret the constitution and declare any law invalid. Thus the supremacy of the judiciary is established in the rigid constitutional system.
4. Not effective in times of crisis or emergency : - In case of any crisis or emergency, quick decision making, legislation or amendment is required. But for the unchangeable nature of a rigid constitution, quick decisions are not possible. Therefore, a rigid constitution is not effective during an emergency.
5. Conservatism: - A rigid constitution is a symbol of conservatism. Changing such constitutions or introducing new laws is a very complex and time consuming matter. Therefore, the rigid constitution often stands in the way of race and modernity.
6. Unfoundedness of customs and traditions: - Constitutional laws are given importance in a rigid constitution. Customs, norms etc., which are a part of national life, are of no importance in this kind of constitutional system. Again, the law is not written beforehand in all matters. In such a situation, there is a stalemate in the management of the state.
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