Ref#22618 – Constitutional Law

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Chapter #1

Introduction:

Anarchy i.e. lack of central government has been the defining feature of human society in the past. The rule of the strong and the survival of the fittest governed human societies. As soon as humans were civilized, there had been improvements in human society. This was attributed to humans’ civilizational growth which impacted every area of life. From earlier tribal culture to modern, advanced societies, human civilizational growth has been witnessed. Formation of governments is another landmark development in this regard. There are three tiers of government which perform their own functions. They include legislature, executive and judiciary. These tiers have their own powers and systems of checks and balances. In essence, it is the constitution that enshrines a holistic system where every institutional has its own powers and rules of business are defined (Adams, 2019). This chapter deals in definitions and sources of constitutional law. It will present different perspectives of constitutional law and delve deep in to sources of constitutional law.

Definitions of Constitutional Law:

The constitutional law is a field of study that deals with different laws related to a state. It puts forth different perspectives about how a constitutional law is defined.

Constitutional law is defined as a body of laws which determine powers, roles and structure of different entities within a country including legislature, judiciary and executive. It also defines basic rights of citizens which help them frame constitutional framework. As per this definition, there are three tiers of a government within a state. These have their own roles and responsibilities. The constitutional law defines the power distribution among these tiers of government (Allott, 2020). It also provides a holistic approach towards dealing with different constitutional frameworks. In essence, it puts forth rules of business to govern different matters within a state.

In addition, another definition of constitutional law is that a body of doctrines, practices and laws that help govern the operation of political communities. In essence, it means constitutional law is set of laws that deals with affairs of political community. This definitional is modified version of earlier definitions; however, it uses the phrase political community instead of state. The constitutional law describes different powers of entities working within a government and defines a holistic framework of undertaking different operational activities within a state. It remains a matter of great importance in this regard that constitution defines a contract between a state and its institutions (Amar, 2017). People subdue their powers to their state, and the state acts to protect the rights of its citizens. What matters most in this regard is that rule of law prevails in the society. On the broader scale, different institutions work collaboratively in order to deliver services that people are in dire need of.….