Constitutional law is a set of laws that determine the relationship between the various entities within the State, namely the executive, the legislature, and the judiciary.
Not all are written constitutions of nation-states, in spite of all these countries have municipal jus, or the law of the land, which may consist of a variety of rules and the inevitability of interoperability. It can include the customary law, conventions and positive law and law-making judge, or international rules and norms. And deals with constitutional law with the fundamental principles on which the government exercises its authority. In some cases, these principles gives specific powers to the government, such as the ability to impose taxes and spending for the welfare of the population. At other times, constitutional principles are working to put restrictions on what the government can do, such as the prohibition to arrest someone without sufficient reason. In most countries, including the United States, and is based on the constitutional law on the text of the instrument of ratification at a time when the nation came into being.
Often viewed as second-class constitutional laws establish rules or rules about setting the rules for the exercise of power. That governs relations between the judiciary and the legislature and the executive branch in the bodies under his authority. One of the main tasks of constitutions in this context is to refer to the hierarchy and relationships of power. For example, in a unitary state, the Constitution vest absolute power in one central administration and the legislature, the judiciary, despite the existence of often delegation of authority or power to local or municipal authorities. When the Constitution defines a federal state, it will be determined by several levels of government co-existence with the exclusive or shared areas of jurisdiction over the laws and the application and enforcement.
Human rights or civil liberties is an essential part of the Constitution of the state and regulate the rights of the individual against the state. Most jurisdictions, such as the United States and France, have a written constitution, with a bill of rights. A recent example is the Charter of Fundamental Rights of the European Union, which is intended to be included in the establishment of a constitution for Europe Treaty, which failed to be ratified. Perhaps the most important example is the Universal Declaration of Human Rights under the Charter of the United Nations. It aims to ensure the basic political, social and economic standards that the nation-state, or obliged to provide for its citizens an intergovernmental body but many do include their governments.
Some countries such as the United Kingdom does not have a well-established document defines the basic rights; in those states and the Constitution consists of the statute, case law and the Convention. A case against the named Entick Carrington is a constitutional principle derived from the common law. John Entick was searched homes and looting by SHERRIFF Carrington. Carrington said that the order of a government minister, the Earl of Halifax was the legitimate authority, although no legal provision and the presence or for that court. According to the court, by the Lord Camden led,
"Great end, which men entered into society, was to secure their property. Are kept in this sacred right and incommunicable in all cases, where no take one or abridged by some public law for the good of everyone. By the laws of England, every invasion of private property, whether that was ever even a minute, is a betrayal ... if I could find any excuse or produced, and the silence of the books is an authority against the defendant, and the plaintiff must have judgment. "
Inspired by John Locke, a basic constitutional principle is that an individual can do anything but that which is prohibited by law, while the state may do nothing but that which is permitted by law.
Another major function of constitutions may be to describe the action that parliaments have legislation. For example, there may be a need for a special majority to change the constitution. In bicameral legislatures, there may be practical and placed second or third readings of bills before the new law can enter into force. Instead, there may be more than the maximum requirements of the conditions under which the government can keep the power before the elections.
No comments:
Post a Comment