THE CHALLENGE FOR COURTS IN A MODERATELY RIGID CONSTITUTION

Abstract

While the challenges with highly flexible and highly rigid constitutions are well-known, comparatively little is understood about the challenges that may arise with moderately rigid constitutions. This article argues that moderately rigid constitutions increase the challenge for courts in two related respects. First, it places them between competing normative and practical demands. A moderately rigid constitution weakens the normative case for the judiciary to develop the constitution to, for example, expand protection for rights and freedoms, yet places considerable practical demands on courts to undertake such developments. Second, a moderately rigid constitution introduces an additional p..