FLEXIBLE AND RIGID CONSTITUTIONS

Definition of Constitution State is the political organization which is administered by the group of person known as the government. When we say the government of a state, it means basically the executive, the legislative and the judiciary. But this government cannot run the state according to their whim and caprice. There has to be certain rules and principles on the basis and under the authority of which the government can run the state. This set of principle is called the Constitution In Black Law Dictionary, “The fundamental and organic law of a nation or state that establishes the institution and system of government, defines the scope of governmental sovereign powers, and guarantees individual civil rights and civil liberties.” According to Lord Bryce, “Constitution is the aggregate of laws and customs under which the life of the state goes on Classification Constitution is widely classified into two categories. 1. 2. Written & unwritten. Rigid & Flexible. Written & unwritten Written Constitution is one which the fundamental principles concerning state administration are embodied and which has, as a specific document, been passed by a specific body. U.S Constitution, Indian Constitution and Bangladesh Constitution are Written Constitution. On the other hand, where the constitution has not been passed formally as a specific document by a specific body and the fundamental principles concerning state administration exist in political customs, judicial decisions and in some scattered documents, the constitution is unwritten one. British Constitution is great example for unwritten constitution. Rigid & Flexible The distinction between Rigid and Flexible Constitution rests upon the method by which the constitution may be changed. The Constitution which can be amended by ordinary law making procedure is called Flexible Constitution. Ordinary law making procedure means, making law by simple majority. British Constitution is flexible constitution. On the other hand the constitution which can not be amended by ordinary law making process, need two-third majority for amended Constitution. Bangladesh Constitution is rigid constitution. Constitution State is the political organization which is administered by the group of person known as the government. When we say the government of a state, it means basically the executive, the legislative and the judiciary. But this government cannot run the state according to their whim and caprice. There has to be certain rules and principles on the basis and under the authority of which the government can run the state. This set of principle is called the Constitution. (Md Abdul Halim: Constitution, Constitutional law and Politics; Bangladesh Perspective) Tomas Paine remark that, “Government without a Constitution is a power without a right.” Like many other terms in political science, the term “constitution” has been variously defined by different writers according to the varying conception which they hold as to what Constitution should be. From Wikipedia, the free encyclopedia, We can find Constitution as, “A constitution is a system for governance, often codified as a written document that establishes the rules and principles of an autonomous political entity. In the case of countries, this term refers specifically to a national constitution defining the fundamental political principles, and establishing the structure, procedures, powers and duties, of a government. Most national constitutions also guarantee certain rights to the people. Historically, before the evolution of modern-style, codified national constitutions, the term constitution could be applied to any important law that governed the functioning of a government.” [By Wikipedia definition we can find that constitution is a state book of fundamental political principles, and establishing the structure, procedures, powers and duties, of a government, which help the government to guide the nation/state.] In Black Law Dictionary, “The fundamental and organic law of a nation or state that establishes the institution and system of government, defines the scope of governmental sovereign powers, and guarantees individual civil rights and civil liberties.” [By Black Law Dictionary definition constitution is a collection of fundamental and organic law of a nation or state which define the scope, duty, right & power of the sovereign government and which give the guarantee of civil right and civil liberties. That mean what will be state policy, what is the duty of the government, how they fulfill/ maintain it and what is the right of the government against people of the state.] Aristotle define, “The way of life the state has chosen for itself. [This definition is very ancient and no clear characteristics of a constitution can be found in it. He not defined what can be state life] According to C. F. Strong, “A constitution may be said to be a collection of principle according to which power of the government, the right of the governed and the relation between the two are adjusted.” [Strong’s definition is more or less a defective one.] According to Lord Bryce, “Constitution is the aggregate of laws and customs under which the life of the state goes on.” [This definition by Bryce is a narrower one. Because being influenced by the constitutional system of Britain Bryce has defined Constitution as an aggregate of custom. But it is the fact that expects Britain and New Zealand nowhere in the world a Constitution can be found which can be said to be aggregate of customs.] Constitution is a body of rules written or unwritten which determine the organization of the state of the, the distribution of powers within the principal organs of the government and the relation between the government and the governed. At last, Constitution is the supreme law of the land, which guide the government to make state policy and which define the scope, duty, right & power of the sovereign government and people. Give guarantee to keep civil right and civil liberties.