Question

Contrast a flexible constitution from a rigid constitution on the basis of process of Amendment. Cite an example to bring out the contrast between the two.

Answer 1

1. Amendment: A Flexible constitution can be easily amended; A Rigid constitution cannot be easily amended.
2. Procedure for Amendment for Flexible: Laws amended by a simple majority of both houses of Parliament, Amendment is passed by a specific and large majority of 2/3rd or 3/4th or an absolute majority of votes.
3. Great Britain is a classic example of Flexible Constitution while the USA can be referred to as a rigid constitution. In Britian, any law can be passed by a simple majority of both the houses while in the USA two third majority and three fourth of the state legislature are prerequisites to amendment.
4. There is no difference between ordinary law and constitutional law as it can be passed by a simple majority of Parliament in Great Britain. However, in the USA the law has to pass through Proposal and Ratification stages. The process of amendment is cumbersome in the USA but is simple in Britain.