Rigid constitution is a constitution which stands above the other laws of the country, while flexible constitutions do not.1
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."2 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.3 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.3
See also
See also
- Constitutional amendment – Formal change to the text of the constitution of an entity
- Entrenched clause – Part of a constitution that restricts amendments
- Parliamentary sovereignty – Constitutional legal doctrine
- Uncodified constitution – Legal doctrine source of rigid constitution
References
References
- James Bryce, "Flexible and Rigid Constitution", Studies in History and Jurisprudence. Oxford: Clarendon Press, 1901, pp. 124-213.
- A.V. Dicey, The Law of the Constitution (1885) (Oxford University Press edition, ed. J.W.F. Allison, 2013, p. 69.
- Mark Ryan & Steve Foster, Unlocking Constitutional and Administrative Law (3d ed.: Routledge, 2014), p. 16.