TYPES OF

Constitution
AS TO THE
MANNER OF
AMENDING

MAGSANAY • HAMOY • MACAMAY

LAGAPA • MAGLANGIT
 ESSENTIAL QUESTION:

WHAT ARE THE DIFFERENT TYPES OF

CONSTITUTION AS TO THE MANNER of
AMENDING? WHAT ARE the advantages
and disadvantages of each?
What is a Constitution?
A Constitution is a political
document. A body of
fundamental principles or
established precedents
according to which a state or
other organization is
acknowledged to be governed.
 RIGID
and
FLEXIBLE
 Rigid Constitution

Rigid constitutions are those who cannot change or amend

constitutional laws easily. To make amendments in the constitution,
specific procedures have to be followed.

Procedure for amending a constitution is not limited to the authority

of the legislature alone.

The objective is to emphasize that the constitutional law embodies the

will of the sovereign, and it should be treated as sacred document.
 Rigid Constitution
Examples:

• US constitution cannot be amended by the Congress alone, it

needs the approval of the people in a Referendum.

• Canada constitution cannot be amended just by the Parliament,

it needs the approval of the 7 provincial legislatures of 10
provinces having 50% of the total populations.

• Australia and Switzerland.

 ADVANTAGES DISADVANTAGES
The conditions of the society
The fundamental rights of the
are constantly changing. The
citizens can beguaranteed once
rigid constitution can’t
these rights are officially
foreseethefuture.
written.
If serious constitutional crisis
Since it is difficult to change,
occur, then it can be avoided by
the ruling elites can’t just
immediately changing the
change any provision
constitution(Flexible
accordingtoitsconvenience.
Constitution).
It is stable in nature.

Conflict between political powers

is less likely to happen.
 Flexible Constitution

In a flexible constitution there is no distinction between ordinary law

and constitutional law. Both laws are enacted or repealed in the same
manner and their source is also same. In this type, the constitution
may be written or mainly based on agreements.

The passing of ordinary laws require only a simple majority. A

constitution can be changed by 2/3 votes from the members of the
legislature.
 Flexible Constitution
The amendment of the flexible constitution requires no special
procedure. The constitution of Britain is a classic example of a flexible
constitution. The Parliament in Britain is sovereign. Here,
• There is no law which parliament cannot make.
• There is no law which parliament cannot unmake.
• There is no clear distinction between laws which are
fundamental or constitutional and laws, which are not.
• In Britain constitutional changes can be made by following the
same way as an ordinary law is enacted.
• The courts have no authority of review. They cannot nullify any
enactment of parliament.
 ADVANTAGES DISADVANTAGES
This type of constitution is If it is too flexible, then any
dynamic, therefore it is able to government or any party in
meet new demands of the power can change the
society. constitution tosuititsneeds.

It is adaptable to change, thus The constitution can become

able to resolve emergency unstable and will affect the
circumstances. social and political progress
ofanation.

Revolutions can beavoided.

 RIGID Flexible
• Cannot be easily amended • Can be easily amended

• require a lot of procedure • procedure only involves legislature

• legislatives do not have full • legislatives has full authority to

authority to amend amend

• Can amend by using simple majority

SOURCES:

https://www.slideshare.net/yvangumbao/polsc2-4-kinds-of-
constitution

https://www.studyandscore.com/studymaterial-detail/difference-
between-flexible-constitution-and-rigid-constitution

https://prezi.com/aekgtqgue0n0/rigid-and-flexible-
constitution/

https://www.slideshare.net/fikhrisafwan/c6-
constitution

https://www.quora.com/What-is-ordinary-
law-and-constitutional-law