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What is the difference between rigid ,written, unwritten and flexible constitution? Explain each one with example. |
The flexible constitution places constitutional law and ordinary law on the same level in the sense that both are enacted in the same way and both proceed from the same source. If the constitutional law can be amended, repealed or altered by the same procedure as the ordinary law, the constitution is flexible. Written Constitution The provisions of the constitution are codified into a single legal document. Codification simply means that all the provisions are written in an organized manner The enacted constitution has been brought into existence by a special body constituted for this purpose (e.g. Constituent Assembly in India) has a definite beginning (the day from which it comes into force e.g. 26 November,1949) A written constitution is considered supreme and all its organs (legislature, judiciary, executive) are considered below it Judiciary enjoys wider power (and not just “more power”) There is clear distinction between constitutional laws and other laws (like statutory laws and by-laws) The structure of government can be federal or unitary Unwritten Constitution The provisions may be written in bits and pieces but are not necessarily arranged (codified) It is an evolved constitution which has gradually taken shape in years Parliament assumes supreme position because constitution comes from parliament Judiciary has limited power to declare only executive laws as void. It can’t declare acts of parliament as void There is no such marked difference as every law passed by the parliament becomes constitutional The structure of government is necessarily unitary because the parliament is considered supreme Rigid Constitution Rigid Constitution is a Constitution which stands above the other laws of the country, while flexible constitutions do not. |