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Difficulty: MediumTypes and Classification of Constitutions

A common misconception in constitutional governance is assuming that every codified constitution is inherently rigid. Which of the following statements correctly explains why a constitution can be codified in a single document yet classified as flexible?

  1. The legal procedures required to amend the constitution are identical to those used for enacting ordinary legislative laws.Answer
  2. B
    The constitution is written down in a single document, which automatically grants parliament the power to bypass two-thirds legislative majorities.
  3. C
    Constitutional authority is divided between central and regional tiers of government under a federal arrangement.
  4. D
    Judicial review is prohibited, making political sovereignty rest exclusively with the electorate through periodic referendums.

Answer

A constitution is classified as flexible when it can be altered through the ordinary law-making process and simple legislative majorities, regardless of whether it is written or codified.
Constitutional flexibility is defined entirely by the procedural requirements for amendment. When a constitution can be modified using the same simple majority process used for passing standard bills, it is classified as flexible, even if all its contents are codified in one written document.

Step-by-Step Solution

1
Identify the core criterion for constitutional classification as flexible versus rigid.
Flexibility is determined strictly by the ease of the amendment process, not by whether the constitution is written down.
Classification by form (written vs. unwritten) is distinct from classification by amendment procedure (rigid vs. flexible).
2
Evaluate the requirement for a flexible constitution.
A flexible constitution requires no special legal procedure, supermajority, or referendum for amendment; ordinary parliamentary legislation suffices.
If an amendment follows the same method as passing regular statutory law, the constitution is flexible.

Key Concept

Classification of Constitutions by Amendment Process
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Topics

Types and Classification of Constitutions