difference bw rigid and flexible constitution
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Rigid Constitution:
1. A rigid constitution is one which cannot be amended, in the manner in which ordinary laws are passed amended or repealed. If a special procedure or organ is needed for its amendment, it is a rigid constitution.
2. As Gettle says, “Its laws are thus fixed and emanate from a source different from that of ordinary laws, which must keep within the bounds fixed by the constitution”. A law which the constitution forbids or a law made by an organ not empowered to do so by the constitution shall be an unconstitutional law.
3. Ordinary legislature of the country is not competent to amend it in the ordinary legislative procedure. Under a rigid constitution distinction is always maintained between a constitutional law and an ordinary law, since a constitutional law is regarded as superior to an ordinary law.
Flexible Constitution
1. A flexible constitution is one which can be amended in an ordinary legislative process by the ordinary legislature. A Constitutional law and an ordinary law are treated alike.
2. They are placed on an equal footing. All constitutional amendments can be made by a simple majority of the legislature. No distinction is made between the constitution making authority and the ordinary law making authority.
3. No law is unconstitutional if passed by the Parliament. It is a sovereign body, at once enjoying the ordinary law making powers and constitutional law making powers. It is at once a legislature and a constituent assembly.
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Answer:
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Explanation:
RIGID CONSTITUTION:-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 forth "specific legal/constitutional obstacles to be overcome" before it may be amended, such as special approval of the people by referendum, a supermajority or special majority in the legislature, or both.In contrast, a flexible constitution is one in which the legislature may amend the constitution's content and principles through use of the ordinary legislative process.For example, the Constitution of Australia is rigid, while the British Constitution and the Israeli Constitution are FLEXIBLE
FLEXIBLE CONSTITUTION:-Flexible Constitution is a constitution that is not defined or set apart in a distinct document and that is not distinguishable from other law in the way in which its terms can be legislatively altered.
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