Discuss the advantages and disadvantages of a flexible constitution.
Discuss the advantages and disadvantages of a flexible constitution.
Positive and negative aspects of a flexible constitution.
The merits and demerits of a flexible constitution .
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Concept of a flexible constitution: -
On the basis of variability, Lord Bryce has divided the Constitution into two parts - flexible and rigid constitution. A flexible constitution is made through the enactment of general laws. With the support of the majority of the members present in the legislature, a bill can easily become law or amend a law. Therefore, no special or complex procedure is followed for enacting or amending the law.
In Britain, New Zealand these countries are the example of the flexible constitution.
Advantages of flexible constitution: -
1. Flexibility: - The variable is usually flexible in nature. This type of constitution can be easily changed or new laws can be introduced in keeping with the changing social, economic and political system. Due to the flexible nature of the rapidly changing socio-economic structure , the flexible constitution is acceptable.
2. Mobility and epoch-making: - Along with the social system, people's thoughts, hopes, aspirations, etc. are also changing. Since a flexible constitution is easily changeable, this type of constitution can introduce or change necessary laws in keeping with the aspirations of the people.
3. Maintaining consistency at national and international level: - Along with national life, the international political system is also constantly changing. In keeping with this changing international political situation, a flexible constitution is adopted at the national and international levels.
4. Suitable for emergencies: - In case of any emergency, the law needs to be enacted or amended for quick decision making. Since the flexible constitution can be easily changed, a flexible constitution is best suited for emergencies.
5. Reducing the likelihood of protests: - Since a flexible constitution can be easily changed in line with the changing hopes and aspirations of the people, this kind of constitutional system reduces the likelihood of protests against the state system.
6. Contributes to the dynamics of government work: - In order to conduct government work, dynamic decisions and laws are often required. In modern welfare states, therefore, the scope of government work has greatly expanded. The constitution must be flexible in the formulation of various laws and measures for the welfare of the people.
Disadvantages of the flexible constitution: -
1. Absence of constitutional identity: - Every constitution has its own basic features and it is written and following different norms. But when the constitution changes frequently with changing circumstances, the constitution deviates from its basic norms and its own features disappear.
2. Lack of stability: - The laws of the flexible constitution are not permanent. The constitution changes on the basis of changing circumstances or in the interest of the government. As a result, there is a lack of stability of the legal system in the flexible constitutional system.
3. Not a safeguard of civil and democratic rights: - A flexible constitution is not a safeguard of civil rights and democratic rights. Because this kind of constitution is easily changed by the government. It is often seen that the government restricts civil rights to protect its own interests.
4. Lack of dignity: - A flexible constitution as it is easily changed by the government and the laws are not permanent; therefore, the laws of a flexible constitution do not have the same status as the rigid constitution and the people cannot have full confidence in the laws of the flexible constitution.
5. Fear of dictatorship of government authorities: - In a flexible constitutional system, the government has all the power to amend the constitution and make laws. As a result, the government can amend the constitution and make laws at its own will and in its own interest. As a result, there is a danger of the government becoming dictatorial in the flexible constitutional system.
6. Unsuitable for the federal system: - The constitution needs to be permanent to run the federal system. If the constitution changes often in the federal system, the central government can reduce the power of state governments; All power can be concentrated in its own hands by changing the political structure. So the flexible constitution is not suitable for the federal system.
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