In fact, the constitution's framers knew the document could not and should not try to address every situation that the future might hold clearly, they wanted to ensure that the document allowed for flexibility in both its interpretation and future application as a result, many changes have been made to the constitution over the. Us constitution the us constitution is sometimes called a living document many political scientists argue that its flexibility is the reason for its survival over two centuries. However, this stability may also prove to be too rigid, preventing constitutions from being flexible enough to adapt to modern society in this essay, i will argue that whilst the words of the original constitution composed by the founding fathers are indeed rigid and that the complex constitutional amendment. Rigid constitution is a constitution which stands above the other laws of the country, while flexible constitutions do not a v dicey defines a rigid constitution as one under which certain laws, called constitutional laws or fundamental laws cannot be changed in the same manner as ordinary laws a rigid constitution set. Alex jarvis the flexibility of the uk constitution introduction thomas paine described the constitution as 'not an act of government but of individuals constituting a government and a government without a constitution is a power without any right' 1 ridley further analysed the importance of a constitution, concluding that.
A former diplomat writes that the founders would be appalled by those who cite the constitution to resist change readers are invited to respond. The constitution is indeed a flexible document one reason the constitution is flexible is because the language of many clauses in the constitution is vague, perhaps deliberately so this has led to a number of different interpretations in which a single clause is used to support different acts of government for example, the. Ian cram, a professor of comparative constitutional law, writes about the flexibility of a constitution and the effect this may have on amending a constitutional text he goes on to discuss the advantages and disadvantages of the lack of formal procedure in the uk constitution how changeable ought.
If the framers of the constitution had not meant it to be flexible, they wouldn't have created a process to amend it also, the constitution contains deliberately vague language, such as “unreasonable searches and seizures” and “excessive bail” t. These set of principles are unknown as the states constitution this essay will look at the history of constitution, some different classifications of constitution giving emphasis to the rigidity and flexibility of state's constitution, and will conclude by explaining how inflexible should a state's constitution be there are different. Constitution unit flexibility and elastic clause of the constitution for google drive digital, 1:1, interactive social studies learning aim: why is the constitution considered a living document.
The case that the us constitution is rigid is a strong one to begin with, the process of passing amendments to the document can be long and arduou. Cases of conflicting legislation, the constitution determines which order of government will prevail concurrent jurisdictions offer several advantages in federal structures they introduce a degree of flexibility and innovation in the distribution of powers for instance, the federal government may delay exercising its powers in.
According to bryce, the real basis of classifying constitutions lies in the procedure of constitutional amendment and distinction between constitutional laws and ordinary laws that classifies the constitution as rigid or flexible. When the framers of our constitution provided that amendments should require the assent of three-fourths of the states, they were trying to escape from the restraints of a still more rigid constitution, amendable only by the consent of all the states and in order to accomplish their purpose they were compelled to override the. Although judicial review adds flexibility to the constitution—allowing it to be interpreted for changing times—this power is not explicitly stated in the constitution in the years following the adoption of the constitution, the court and congress debated whether the judiciary actually had the power of judicial review the issue.
The constitution as a document of compromise, balance, and flexibility published byannabel underwood modified over 2 years ago share embed download presentation copy to clipboard. 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 for this reason, constitutions need provisions regulating the amendment procedure, in order to allow amendments. A constitution, to be successful, must be both stable and flexible we in the united states are accustomed to a single-document, relatively rigid constitution it is rigid in that it can be formally changed only by amendment or replacement entirely flexibility is achieved through decisions made by the legislature. Merits of flexible constitution: 1 a flexible constitution can keep pace with time it can successfully adapt to changes which take place with the passage of time if there take place changes in environment and condition, necessary changes can be inserted in the constitution through easy amendment 2.