Question

Difficulty: MediumTypes and Classification of Constitutions

In constitutional classification, a flexible constitution is distinguished from a rigid constitution primarily by the legal requirement of a supreme court decision or judicial veto prior to any legislative alteration.

Answer: Answer

Answer

False. A flexible constitution is defined by its ability to be altered through ordinary legislative law-making procedures, whereas a rigid constitution mandates a special, onerous procedure for amendment.
The statement is false because the fundamental criterion distinguishing a flexible constitution from a rigid one is the legislative amendment procedure. A flexible constitution is amended using standard legislative law-making processes, while a rigid constitution requires a special, complex procedure (such as a supermajority or referendum). Judicial approval is not the defining criterion.

Step-by-Step Solution

1
Identify the defining criteria for classifying constitutions based on amendment procedure.
Constitutions are classified as either rigid or flexible depending on how easily their provisions can be legally altered.
Amendment procedure is the official taxonomy criterion for this classification.
2
Analyze the amendment process of a flexible constitution.
A flexible constitution can be amended by the ordinary legislature using standard statutory law-making processes.
No special majority, referendum, or external judicial approval is required.
3
Evaluate the role of judicial review or supreme court decisions in constitutional amendment classification.
Judicial rulings interpret constitutional provisions but do not serve as the defining constitutional classification threshold for rigidity or flexibility.
Rigidity refers specifically to the special procedural hurdles imposed on the legislature during the amendment process.

Key Concept

Criteria for Classifying Constitutions: Rigid vs. Flexible Amendment Processes
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