Introduction to basic concepts Definition Scope of constitutional law Importance of constitutional law Development of constitutionalism Arafat Ali Arafat Ali

Introduction The term constitution applies to the system of law and government by which the affairs of a modern state are administered. Constitution is the document that embodies the steps that determine how we do things in the society; it is essentially the embodiment of the fundamental rules, principle and institutions which constitute the political affairs of the state Arafat Ali

Definition Constitution: The organic and fundamental law of a nation or state, which may be written or unwritten, establishing the character and conception of its government, laying the basic principles to which its internal life is to be conformed, organizing the government, and regulating, distributing, and limiting the functions of its different departments, and prescribing the extent and manner of the exercise of sovereign powers. Arafat Ali

Definition Constitution: A constitution means a document having a special legal sanctity which sets out the framework and the principal functions of the organs of government within the state, and declares the principles by which those organs must operate. Arafat Ali

Constitutional law Constitutional law is that branch of the public law of a state which treats of the organization and frame of government, the organs and powers of sovereignty, the distribution of political and governmental authorities and functions, the fundamental principles which are to regulate the relations of government and subject, and which prescribes generally the plan and method according to which the public affairs of the state are to be administered. Arafat Ali

Scope of constitutional law According to one very wide definition, constitutional law is that part of the law which relates to the system of government of the country or it can also be defined as meaning those laws which regulate the structure of the principal organs of government and their relationship to each other and to the citizen, and determine their main function. In the field of family law, the importance of the protection of family life is stressed in the constitution Arafat Ali

Scope of constitutional law In industrial law, the freedom of association for industrial purpose and the law of picketing are of constitutional importance. In the sphere of public order and criminal law, the citizen looks to the court for protection. The constitutional lawyer has always had a particular interest in the means which the law provides for safeguarding individual liberty. Arafat Ali

Importance of constitutional law The nature of the constitution by which the citizens of a state are governed will deeply affect their life style, in particular their thinking, ideology, education, health and wealth. Constitutions represent a delicate balance between conflicting views, aims, objectives and methods of implementation. This is particularly so for new constitutions and in changing times when the prevalent ideologies of a state are in change. Arafat Ali

Development of constitutionalism In order to make adequate choices when drafting a constitution it is important to understand The modern concept of a constitution and the implications that the concept of constitutionalism Has for the legal system of a country. An overview of the history of constitutionalism in the west as well as Islamic countries may help in furthering this understanding. Arafat Ali

Development of constitutionalism When deciding for a constitution, a population always transforms policy choices into law. These Choices usually reflect the country’s distinctive history and its specific social, economic and Cultural conditions. For instance, a seafaring nation might want to address maritime issues in its National constitution; or a people that have just freed themselves from the yoke of tyranny Might opt for particularly flat hierarchies. Arafat Ali

Development of constitutionalism Additionally, the constitutional choices of a country may also be influenced by its earlier constitutions, or by the political thinking of its founders. In many countries, in particular on the African continent, constitutionalism has come along with decolonization. On the one hand, the people’s exercise of their right to self-determination aimed at gaining independence and discarding the colonial powers. On the other hand, this exercise of the people’s right to self-determination can be seen as a step towards Constitutionalism. Arafat Ali

Development of constitutionalism However, the modern concept of constitutionalism, in which powers of the state are legally delimited and fundamental rights and freedoms guaranteed, did not evolve only in European countries. Islamic states also developed constitutions, even if they did not necessarily use the term “constitution”. Arafat Ali

Constitution as a social contract Certain scholars construe constitutions as a “social contract” between the individuals of a given Society: in order to better pursue their common goals, the individuals voluntarily agree to Establish an order, thereby founding a state. This order creates obligations between the Individuals and the representatives of the common power structures. These obligations derive Their legitimacy from the agreement of the people. Arafat Ali

Constitution as a social contract Constitutionalism, therefore, pertains to two kinds of relationships. The relationship between government and nationals/citizens, residents/ is the first category – the substantive. The second (the formal) refers to the appraisal of one branch of government vis-à-vis the other; and to their inter-relationship. It is these two aspects of constitutionalism which are the quit-essentials of a constitution, be that written, rigid, flexible, etc… Arafat Ali

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