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The British Constitution & What is Constitutional Law
1. Introduction:
The British costitutional system is the oldest democratic system in the modern world. The British Constitution works by a body of understanding which no writer can formulate. The British Constitution is ever-growing and always undergoing modification. It is a dynamic constitution with its roots in the past and branches in the future.
2. What is Constitutional Law:
Constitutional law is the body of law which defines the relationship of differnet things that exist within the state namely, the exective, the legislature and the judiciary.
According to Black's Law Deictionary:
Constitional law is the body of legal rules that determine the constitution of a state or country with an unwritten constitution.
3. The Constitution of consttutions:
A constitution lays down the general and fundamental principles on which the powers of a State are to be exercised. In this sense, Constitutional Law is often described as the fundamental law of the land.
4. Classification Of Constitutions:
(i) Federal And Unitary Constitutions:
Unitary form of government is that type of government where the whole power of government is conferred by the constitution upon a single organ of government from which the local government derives all authority e.g. England, France, Iran and Afghanistan have unitary constitution. A federal government is one in which powers are distributed by constitution between the central government and provinces e.g. Pakistan, India, USA, Canada and Switzerland have the federal constitutions.
(ii) Flexible and Rigid constitutions:
A Flexible constitution is one which can be amended by simple majority. A rigid constitution is one which can be amended by simple majority but can be amended with three-fourth majority.
5. Distinction Between Flexible And Rigid Constitutions:
(i) As to possibility of Changing it:
A Flexible constitution is one under which every which every law of every description can legally be changed with simple majority, while a rigid constitution is one under which certain laws cannot be changed in the same manner as ordinary laws.
(ii) As to fundamental and Ordinary Laws:
In a rigid constitution, there is a distinction between fundamental and ordinary laws. A flexible constitution is one in which all laws can be altered by the same machinery.
(iii) As to Sovereignty of the Legislature:
In a rigid constitution, the legislature is a non-sovereign law-making body. In a flexible constitution. on the other hand, the legislature is sovereign, it has the power of making of law. It is legislative as well as a constituent body.
6. Republican and Monarchical constitutions:
Republican is a form of government in which power resides in the people and government is ruled by a elected leaders run according to law. Constitutional monarchy is a form of government in which a monarch acts as a non-political head of state within the boundaries of a constitution.
7. Constitutional Law and Its Significance:
What is then the meaning of constitutional Law? It may be defined as that branch of civil law which deals with rules directly or indirectly affecting either the exercise or the distribution of the sovereign power in the state.
According to Prof. Dicey, constitutional Law of a stat deals with the location and distribution of sovereignty, the relation between the members who share sovereignty and the relation of individuals to such sovereign power.
1. Introduction:
The British costitutional system is the oldest democratic system in the modern world. The British Constitution works by a body of understanding which no writer can formulate. The British Constitution is ever-growing and always undergoing modification. It is a dynamic constitution with its roots in the past and branches in the future.
2. What is Constitutional Law:
Constitutional law is the body of law which defines the relationship of differnet things that exist within the state namely, the exective, the legislature and the judiciary.
According to Black's Law Deictionary:
Constitional law is the body of legal rules that determine the constitution of a state or country with an unwritten constitution.
3. The Constitution of consttutions:
A constitution lays down the general and fundamental principles on which the powers of a State are to be exercised. In this sense, Constitutional Law is often described as the fundamental law of the land.
4. Classification Of Constitutions:
(i) Federal And Unitary Constitutions:
Unitary form of government is that type of government where the whole power of government is conferred by the constitution upon a single organ of government from which the local government derives all authority e.g. England, France, Iran and Afghanistan have unitary constitution. A federal government is one in which powers are distributed by constitution between the central government and provinces e.g. Pakistan, India, USA, Canada and Switzerland have the federal constitutions.
(ii) Flexible and Rigid constitutions:
A Flexible constitution is one which can be amended by simple majority. A rigid constitution is one which can be amended by simple majority but can be amended with three-fourth majority.
5. Distinction Between Flexible And Rigid Constitutions:
(i) As to possibility of Changing it:
A Flexible constitution is one under which every which every law of every description can legally be changed with simple majority, while a rigid constitution is one under which certain laws cannot be changed in the same manner as ordinary laws.
(ii) As to fundamental and Ordinary Laws:
In a rigid constitution, there is a distinction between fundamental and ordinary laws. A flexible constitution is one in which all laws can be altered by the same machinery.
(iii) As to Sovereignty of the Legislature:
In a rigid constitution, the legislature is a non-sovereign law-making body. In a flexible constitution. on the other hand, the legislature is sovereign, it has the power of making of law. It is legislative as well as a constituent body.
6. Republican and Monarchical constitutions:
Republican is a form of government in which power resides in the people and government is ruled by a elected leaders run according to law. Constitutional monarchy is a form of government in which a monarch acts as a non-political head of state within the boundaries of a constitution.
7. Constitutional Law and Its Significance:
What is then the meaning of constitutional Law? It may be defined as that branch of civil law which deals with rules directly or indirectly affecting either the exercise or the distribution of the sovereign power in the state.
According to Prof. Dicey, constitutional Law of a stat deals with the location and distribution of sovereignty, the relation between the members who share sovereignty and the relation of individuals to such sovereign power.