In this article you will learn about Flexible Constitution in Political Science.
Flexible Constitution
A Flexible Constitution is the constitution which can be easily amended. Many political scientists define a flexible constitution as the constitution in which the constitutional law can be amended in the same way as an ordinary law is made by the legislature. The legislature can pass constitutional amendments in the same manner by which it can pass or repeal ordinary law.
A classic example of a flexible constitution is Britain. The British Parliament is a sovereign parliament which can make or unmake or amend any law whatsoever, whether ordinary or constitutional. It can do this by a simple majority. Laws aiming to make changes in the constitutional laws or the ordinary laws are passed through the same legislative procedure i.e., by a simple majority. Constitutional and statutory laws stand at par with others. Thus, the British Constitution is a flexible constitution. Similarly, a constitution can be described as flexible if the procedure of amending it is simple and the change in the constitution can be easily made.
Merits of a Flexible Constitution
- Firstly, the major merit of the flexible constitution is its ability to change easily in accordance with the changes in the social and political environment of the society and state.
- Secondly, it is very helpful and useful in meeting emergencies because it can be easily amended. It enables the government to undertake all steps deemed essential for meeting the situation created by an emergency.
- Thirdly, there are less opportunities for revolt in the state because of its dynamic nature. The constitution has the ability to keep pace with the changing time and nature and in accordance with the changes in the public opinion. The British has been free from violent revolutions also because of the flexible nature of its constitution.
- Fourthly, and finally, since the flexible constitution keeps on developing with time, it always continues to be popular and remains fresh. It effectively mirrors the historical developments which keep on coming in the society it serves.
Demerits of a Flexible Constitution
- Firstly, a flexible constitution is very often a source of instability. Flexibility enables the government which is in power to give it a desired content and dress.
- Secondly, it is not suitable for a federation because in a federation, a flexible constitution can lead to undesirable easy and even unilateral changes in the constitution by the federal government or by the governments of federating units.
- Thirdly, as Bryce says, a flexible constitution can be successful only when certain conditions are present in the environment otherwise it becomes a source of instability and trouble. It demands the presence of honest and mature leadership controlling the exercise of sovereign power. Immature leadership can use flexibility of the constitution for pursuing selfish and narrowly conceived goals. Most of the people of the state should be willing and active participants in politics. Only then can an unscrupulous use of flexibility by the ruling group/party be prevented.
This article on Flexible Constitution in Political Science is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.