Question

Distinguish between a flexible constitution and a rigid constitution.

With relevant examples, state the difference between a rigid constitution and flexible constitution.

Answer 1

Flexible constitution

Rigid constitution

A flexible constitution is one that can be amended in an ordinary legislative process by the ordinary legislature. Constitutional law and ordinary law are treated alike. The best example is the British Constitution, which is a flexible document. Every new bill passed by the legislature changes the constitution. Therefore, there is no difference between ordinary and constitutional law in a nation with a flexible constitution.

A rigid constitution is one that cannot be amended, in the manner in which ordinary laws are passed, amended or repealed. If a particular procedure or organ is needed for its amendment, it is a rigid constitution. For instance, the United States Constitution requires specific steps before any of its provisions can be changed. Therefore, a bill needs to be adopted by the people in an election by the provincial/regional bodies, or by a special majority in the Parliament (2/3 majority). Here, there is undoubtedly a difference between constitutional and regular laws, with the former being more valuable than the latter.