Presentation is loading. Please wait.

Presentation is loading. Please wait.

REGULATIONS IN THE CONSTITUTION FUNCTIONS OF THE CONSTITUTION HIERARCHY OF NORMS: THE DIFFERENCE BETWEEN THE CONSTITUTION AND OTHER LAWS SUPREMACY SHARIA.

Similar presentations


Presentation on theme: "REGULATIONS IN THE CONSTITUTION FUNCTIONS OF THE CONSTITUTION HIERARCHY OF NORMS: THE DIFFERENCE BETWEEN THE CONSTITUTION AND OTHER LAWS SUPREMACY SHARIA."— Presentation transcript:

1 REGULATIONS IN THE CONSTITUTION FUNCTIONS OF THE CONSTITUTION HIERARCHY OF NORMS: THE DIFFERENCE BETWEEN THE CONSTITUTION AND OTHER LAWS SUPREMACY SHARIA LAW Arafat Ali

2 INTRODUCTION  As illustrated previously, the term constitution refers to a set of rules and principles that define the nature and extent of government.  Most constitutions seek to regulate the relationship between institutions of the state, in a basic sense the relationship between the executive, legislature and the judiciary, but also the relationship of institutions within those branches.  Most constitutions also attempt to define the relationship between individuals and the state, and to establish the broad rights of individual citizens

3 CORE FUNCTIONS OF A CONSTITUTION  In other words, a constitution's main functions are: I.to provide for the structure, institutions and governmental processes of the country. II.To assert the values and goals which are the basis of the country's legal order.

4 FUNCTIONS OF A CONSTITUTION  In addition, most constitutions also provide for institutional arrangements which limit the exercise of power by state institutions, in particular preventing their arbitrary exercise of power; define and protect the rights of the individuals who either constitute the people of the country or are present in the country ; stipulate duties for individuals within the country; establish an economic order. In recent years, there has been a trend to acknowledge obligations of the state in the fields of social justice, basic needs and the environment.

5 THE HIERARCHY OF NORMS  A constitution is not like ordinary laws. The main difference is that the constitution generally is the highest law in the country and is therefore at the top of the hierarchy of norms. All other laws have to comply with it and all governmental institutions have to respect it because it is the supreme law of the country.  In order to ensure its superior binding power on all organs of the state the constitution has to hold the highest position within the hierarchy of norms of a country.

6

7 SUPREMACY OF SHARIA LAW On the other hand, the constitution does not have to be the only basis for legislation, but may identify other sources of legislation on which the legislative body of the country shall base its work. Such sources could be the customs of the people or religious principles. Especially in Muslim countries the constitutions often contain provisions which define sharia as the main source of legislation. Art.2 Provisional Constitution

8

9

10 QUESTIONS? COMMENTS Arafat Ali


Download ppt "REGULATIONS IN THE CONSTITUTION FUNCTIONS OF THE CONSTITUTION HIERARCHY OF NORMS: THE DIFFERENCE BETWEEN THE CONSTITUTION AND OTHER LAWS SUPREMACY SHARIA."

Similar presentations


Ads by Google