An In-Depth Analysis of Constitutional Law: Nature, Classifications, and Key Features
Examination of constitutional law, its classifications, and key features.
David Miller
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An In-Depth Analysis of Constitutional Law: Nature, Classifications, and Key
Features
1. Discuss the nature of constitutional law.
Nature of constitutional law:
Firstly, we need to define the following terms:
Law: a set of rules imposed upon and enforced among members of a given state.
State: an independent political society occupying a defined territory whose
members are united together for the purpose of resisting external force and the
preservation of internal order.
Constitution: Generally it is the fundamental law of the land in so far as it
designates the principle organs of government and invests them with authority, thus it
will constitute and define the legislature, the executive and the judiciary and state what is
the scope of their power and procedure for exercising that power.
The word constitution is derived from the Latin word constitutio, which refers to any
important law made by the emperor.
However, the word constitution is used in two different senses:
The abstract sense: the system of laws, convection and customs, which define the
composition and the powers of the organs of state and regulate the relations of the various
state organs to one another and to the private citizen.
The concrete sense: the document in which the most important laws of the
constitution are authoritatively ordained. Therefore since Britain has no written
constitution, it has no constitution in the concrete sense.
There is also what is called the periphery and the core of a constitution:
The core: consists of the fundamental rules touching on the daily management of
governmental processes, which are however not neatly laid out.
The periphery deals with the manner in which the constitution works. Organs of the
constitution don’t necessarily work according to written laws, the also work according to
practices, which are not legal in character e.g. the nomination of parliamentary
candidates.
Major points
on nature of
constitutional
law are the
definition of
law, state, a
constitution,
constitutional
law, the
scope of
constitutional
law,
ingredients of
a
constitution,
characteristic
s of
constitutional
law and the
key features
of a
constitution.
An In-Depth Analysis of Constitutional Law: Nature, Classifications, and Key
Features
1. Discuss the nature of constitutional law.
Nature of constitutional law:
Firstly, we need to define the following terms:
Law: a set of rules imposed upon and enforced among members of a given state.
State: an independent political society occupying a defined territory whose
members are united together for the purpose of resisting external force and the
preservation of internal order.
Constitution: Generally it is the fundamental law of the land in so far as it
designates the principle organs of government and invests them with authority, thus it
will constitute and define the legislature, the executive and the judiciary and state what is
the scope of their power and procedure for exercising that power.
The word constitution is derived from the Latin word constitutio, which refers to any
important law made by the emperor.
However, the word constitution is used in two different senses:
The abstract sense: the system of laws, convection and customs, which define the
composition and the powers of the organs of state and regulate the relations of the various
state organs to one another and to the private citizen.
The concrete sense: the document in which the most important laws of the
constitution are authoritatively ordained. Therefore since Britain has no written
constitution, it has no constitution in the concrete sense.
There is also what is called the periphery and the core of a constitution:
The core: consists of the fundamental rules touching on the daily management of
governmental processes, which are however not neatly laid out.
The periphery deals with the manner in which the constitution works. Organs of the
constitution don’t necessarily work according to written laws, the also work according to
practices, which are not legal in character e.g. the nomination of parliamentary
candidates.
Major points
on nature of
constitutional
law are the
definition of
law, state, a
constitution,
constitutional
law, the
scope of
constitutional
law,
ingredients of
a
constitution,
characteristic
s of
constitutional
law and the
key features
of a
constitution.
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Subject
Civil Law