Difference Between Constitution And Constitutional Law Pdf
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A state cannot govern itself on an ad hoc basis without there being some norms to regulate its basic institution. There must be a predictable body of norms and rules from which the governmental organs must draw their power and functions. The purpose of having a Constitution is to have a framework of government which is likely to endure through vicissitudes of a nation.
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This introductory article first sets out the book's purpose, which is to provide an overview of the current status of comparative constitutional law as a discipline and an accounting of fundamental constitutional developments, concepts, and debates as they emerge through the lenses of that discipline. The article is organized as follows. Section I provides a brief overview of the history of comparative constitutional law. Section II focuses on the uses and purposes of, and the challenges confronting, comparative constitutional law. Section III addresses preliminarily the key issue of transplantation of institutions and norms from one constitutional system to the next. Section IV discusses in summary fashion some of the most salient methodological issues that have an important bearing on work in comparative constitutional law.
This introductory article first sets out the book's purpose, which is to provide an overview of the current status of comparative constitutional law as a discipline and an accounting of fundamental constitutional developments, concepts, and debates as they emerge through the lenses of that discipline. The article is organized as follows. Section I provides a brief overview of the history of comparative constitutional law. Section II focuses on the uses and purposes of, and the challenges confronting, comparative constitutional law. Section III addresses preliminarily the key issue of transplantation of institutions and norms from one constitutional system to the next.
In this article, we would discuss the difference between Constitution, constitutional law and constitutionalism. A constitution is a legal document having a special legal sanctity which sets out the framework and the principal functions of the government organs of a State and lays down the principles governing the operation of those organs. The Constitution is framed by a body of representatives duly elected by the people at a particular point of time in history. The Constitution places itself above and between the two processes of law-making and law enforcement. The Constitution is a source of power and not an exercise of legislative power. Constitutional law is a broader term as it comprises of the Constitution, statutory regulations, judicial decisions and conventions. It has been developed by interpretation of the Constitution through judicial review.
Constitutionalism form the core of good government in the modern democratic world to check on the powers of the different organs of government and the protection of liberty and fundamental rights of individuals within that sovereign territory. All efforts are made by the developed and the developing countries in upholding the rule of law, which are quaranteed through the constitution, to promote democracy for a just and fair society. However, good the notion of the constitution is, there are different definitions applied by different stakeholders on the notion of what forms a good democratic polity and good constitution and constitutionalism. It is against this background that an elaborate research has been conducted by the author of the subject matter as part of the requirement in the award of Doctor of Juridical Science. How is individual freedom to be reconciled with the claims of social justice? Is society founded upon a reciprocal network of rights and duties?
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state , namely, the executive , the parliament or legislature , and the judiciary ; as well as the basic rights of citizens and, in federal countries such as the United States and Canada , the relationship between the central government and state, provincial, or territorial governments. Not all nation states have codified constitutions , though all such states have a jus commune , or law of the land, that may consist of a variety of imperative and consensual rules. These may include customary law , conventions , statutory law , judge-made law , or international rules and norms. Constitutional law deals with the fundamental principles by which the government exercises its authority. In some instances, these principles grant specific powers to the government, such as the power to tax and spend for the welfare of the population.
Two different approaches in constitutional interpretation with special focus in religious freedom. In this paper I analyze the constitutional approaches that the German Federal Constitutional Court and the Supreme Court of the United States use, in particular, I analyze the approaches they use to solve religion controversies. Particularly, the focus is the way both courts approach to State-Church relations and the possibility of fundamental rights encroachments. The emphasis of the paper is that decisions involving freedom of religion, like many other hard cases, have to be solved in a way in which the judges optimize the interests in stake and not just try to define what the meaning of the norms are or was meant to be.
Constitutional law embodies the rules and regulations that govern the country as well as the rights of the people. The U. Constitution sets the legal parameters for what the government can and cannot do and it outlines the basic rights of its citizens.
Constitutional law , the body of rules, doctrines, and practices that govern the operation of political communities. In modern times the most important political community has been the state.