Constitutional Law- It gives a right to State, People and Organizations to Pursue Happinessby Essay Corp Online Writing Services
A constitution has been identified as a set of basic fundamental or established precedents and principles on the basis of which organizations or states are governed. The constitution basically comprises seven articles which outline the government's national frame. It will not be wrong to state that the constitutional law can be considered as a law which aims to define and describe the powers, structure, and role of various entities operating within a particular state, namely, the parliament, the legislature, the judiciary, and the executive along with the basic civil rights.
A guide to the constitution
The constitution has been identified as a body and practice of doctrine which frames out the organization of basic principles concerned with a political statement. There are some cases like the United States where the constitution is considered as specifically written document and the United Kingdom where the constitution is identified as a collection of statues, traditional practices, and documents which are originally accepted as a matter of political government. The constitution defines a state in terms of secular, socialist, sovereign, and democratic by assuring the citizen's equality, liberty, and justice for promoting fraternity.
The glory of understanding constitutional laws
The constitutional law can be considered as a law which can be related to implementing, amending, and interpreting the US constitution and other states constitutions. The constitutional law can be called as an era of law which mainly focuses on the sayings of the constitution, its limitations, and means. As political and social issues develop and change, the practice of constitutional law represents these cases or issue in front of the court. Apart from this, it can be stated that constitutional law mainly deals with basic fundamental principles through which the government of a specific state exercises its power of authority.
The constitutional laws provide a way for organizations and individual for protecting the interests by filing a case in against of those who try to exploit their rights. Following this, the constitutional laws can be referred to as rights which carved out in the state and federal constitutions. The major part of this law has been developed from federal and state supreme ruling courts that interpret their specific constitutions and guard that these laws are passed by the legislature which aims to not break the constitutional limits.
The constitutional laws consist of powers and rights of different government branches. Both state and federal constitutions frame out three government branches and empower them with distinct responsibilities and branches. The constitutional lawyers help in resolving the disputes among different branches.
Outlining the different kinds of constitutional laws
There are different types of constitutional laws. It covers:
Uncodified and codified constitution- The uncodified constitution is concerned with the traditions and customs whereas the codified constitutions are concerned with the set of fundamental laws which are created during a specific time period.
Inflexible and flexible constitution- The inflexible constitutional laws are rigid and strict in nature when it comes to amending some changes. For example, the constitution of USA is inflexible in nature. The constitutions which adapt changes easily during amendments are considered as flexible in nature.
Republican and monarchy constitution- The monarchy constitution has been identified as a constitution which does not provide state power to its citizens belonging to a particular country unless citizens are related with the monarch. The monarchy constitution can proclaim political powers to limit her/ his political power. On the other side, the republican constitution has been identified as popular constitutions of today's times. It proclaims freedoms and rights for all concerning citizens. This constitution enables to choose the political leader.
Parliamentary and presidential constitution- The presidential and parliamentary constitution mainly depends on the government-run or operates. The parliamentary constitution provides power to parliament whereas the presidential constitution transfers the power to the president. These constitutions basically affect the executive head and state branches head.
Unitary and federal constitution- The constitution can be divided into federal a unitary type. The unitary constitution does not consider governmental powers beyond central government. The federal constitution enables to develop the state level government.
Legal and political constitution- The legal constitution is majorly scripted. The Supreme Court is the main proclamation of the constitution. The political constitution is mainly connected with the citizens who hold a country's political power. The legal constitution monitors and controls the process related to constitutional changes.
Oldest constitution in the world
The United States has been identified as the oldest written constitution. San Marino, the San Marino’s republic is identified as an oldest surviving constitution of the world. The oldest constitution is still in effect which was dated from 1788.
Exploring the branches of government
The government basically works upon three branches. It includes:
Legislative branch- The legislative branch is mainly made up of two different congress houses- the House of Representatives and the Senate. The primary duty of this branch of government is to frame laws. The laws are first written, then discussed and further voted in Congress.
Executive branch- The President has been considered as ahead of the government's executive branch which helps in making the law's official. The executive branch of government also combines other officials and vice president like cabinet members. The cabinet combines 15 other government departments and give advice to the President related to important matters.
Judicial branch- The judicial branch of the government looks over the U.S court system. With the help of court cases, the judicial government branch explains or describes the meaning of constitutional and laws and constitution itself.
These branches of government ensure that the rights of citizens are protected and the government works effectively. All the three branches perform its own responsibilities and powers, along with working with various branches.
Analyzing the different type of law courts
District courts- The district courts deal with the matters related to criminal matters. The District courts do not hear manslaughter, drug, and murder offenses.
High court- The high court has been identified as a jurisdiction which hears cases related to matters of criminal cases including the indictable cases or offenses where the defendants opt for a trial through a jury. Various serious crimes such as murders are heard within the high court.
Family violence court- The family court has been identified as a part of the district court which takes place at regular place and time and owns dedicated staff that supports people who are going through different processes.
Supreme court- The Supreme Court is identified as a final and highest judicial courts and forum which consider eh cases related to highest constitutional matters.
Court of appeal- This type of court basically deals with the criminal and civil appeals and the proceedings are heard within the high court. This court also hears serious criminal matters under district courts.
Legally bounded- rule of law
The rule of law can be defined as an influence and authority of laws concerning with society. In other words, the rule of law can be defined as a restriction related to exercise the power by subordinating established and well-defined laws. The rule of law combines various rules which are developed in accordance with the persons, government, and individuals which must be fully obeyed and regulated by the law.
Following this, rule of law is considered as a mechanism, practice, norm, institution or practice which aims to support the equality between all citizens. The rule of law secures non arbitrary government's form and originally prevents the use of arbitrary power. In other words, the rule of law is concerned with regulating the relationship between individuals and state by knowable laws and pre-established laws.
Constitutional Laws around the World: An Overview
Most of the states in the world own codified constitutions. The constitution has been identified as an aggregate of all the fundamental rules and principles which collectively govern the organizations and persons of different states. It has been noticed that most of the countries have written constitution under which the legal documents comprises of written laws and regulations of a specific state or country.
For all over the world, the constitutions are altered according to the prevailing conditions of the states or country. The amendment of constitutional laws all around the world is important as it is a body of law which is derived from meaning and interpretation of the U.S. Constitution. The constitutional laws are further necessary because of the supremacy clause which contains within the constitutional body.
The constitution of all around the world can be considered as a law because it allocates and creates the powers between the executive, judicial, and legislative branches of government which has been identified as another source of laws. The constitutional laws all around the world are mechanized system principles and laws which defines the American citizen's rights and sets out the limits related to what the government can do or cannot do.
Created on Jan 19th 2019 00:53. Viewed 495 times.
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