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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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1An In-Depth Analysis of Constitutional Law: Nature, Classifications, and KeyFeatures1. Discussthe 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 whosemembers are united together for the purpose of resisting external force and thepreservation of internal order.Constitution: Generally it is the fundamental law of the land in so far as itdesignates the principle organs of government and invests them with authority, thus itwill constitute and define the legislature, the executive and the judiciary and state what isthe scope of their power and procedure for exercising that power.The word constitution is derived from theLatin word constitutio, which refers to anyimportant 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 thecomposition and the powers of the organs of state and regulate the relations of the variousstate organs to one another and to the private citizen.The concrete sense: the document in which the most important laws of theconstitution are authoritatively ordained. Therefore since Britain has no writtenconstitution, 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 ofgovernmental processes, which are however not neatly laid out.The peripherydeals with the manner in which the constitution works. Organs of theconstitution don’t necessarily work according to written laws, the also work according topractices, which are not legal in character e.g. the nomination of parliamentarycandidates.Major pointson nature ofconstitutionallaw are thedefinition oflaw, state, aconstitution,constitutionallaw,thescope ofconstitutionallaw,ingredients ofaconstitution,characteristics ofconstitutionallaw and thekey featuresof aconstitution.

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