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Constitutional right

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The constitutional law is known as the set of rules , doctrines and practices governing the operation of community policies. In modern times, the most important political community has been the state . Modern constitutional law is the offspring of nationalism , as well as the idea that the state must protect certain fundamental rights of the individual.

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What is constitutional law?

It is the branch of law that is responsible for analyzing and controlling the laws that govern the State. It studies the government and the political powers that comprise it and their relationships with citizens .

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As the number of states has multiplied, so have constitutions and with them the body of constitutional law , although sometimes such law originates from sources outside the state. The protection of individual rights , meanwhile, has become the concern of supranational institutions, particularly since the mid-20th century.

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  • What is constitutional law?
  • Characteristics
  • Legal nature
  • Background
  • History of constitutional law
  • objective
  • Sources
  • Principles of constitutional law
  • Purposes
  • Importance of constitutional law
  • Examples

What is constitutional law?

Constitutional law consists of carrying out different studies on human rights power , the constitution and the State . It is a branch of public law where the legal system is in charge of regulating the relations that exist between the State and the different private entities of the public power.

Study everything that has to do with the state’s way of protecting the fundamental rights of citizens and the order that the different public powers should have. Constitutional law is affirmed by means of the Political Constitution , which is the highest standard that a country has and that prevails over any other regulation or law.

Characteristics

The main characteristics of constitutional law are the following:

  • Its maximum function is to comply with those established in the Political Constitution .
  • It works through a series of institutions or bodies that are in charge of applying the laws , for example, the Supreme Courts of Justice.
  • There are several types of constitutional law: classic , comparative , general and national
  • It acts as the limit for governments because it is in charge of restricting power and forces them to conform to the regulations of the Magna Carta .
  • It is a guarantee for the rights of the inhabitants of a town.
  • It gives guidance to the branches of positive law .

Legal nature

Its nature is based on the set of norms that oversee the structure of the State , the functions of the organisms that comprise it, and the relationships that exist between these organisms and the inhabitants of a country. It is to study the different problems that can arise seen from the point of view of the origin of the State through the Constitution .

Background

The antecedents of constitutional law go back to the 17th century British Constitution , in which a legal agreement was formulated to govern the political life of a State. Also the ancient laws of Greece that Aristotle together with Plato formulated in their different studies during the 13th century.

History of constitutional law

It is considered that the first to systematize the law were the Greek peoples . The Hellenes were in charge of reflecting on the reality of the law that elevated it in rank and that managed to balance the power of the regions by introducing new political and social doctrines .

The first stage in the history of constitutional law occurs in the ancient slave societies of Greece and Rome , places from which the term constitution arises and where the organization of Greek cities occurs . The term constitutionalism also arises . The second stage corresponds to the passage of the slave society towards a socio- economic formation , better known as feudalism .

objective

The objective of constitutional law is to analyze the set of sources , principles and fundamental laws that have been established with the objective of maintaining the legal order that a country enjoys. In addition, it limits the way in which the State acts and maintains the principle of popular sovereignty .

Sources

The sources of constitutional law may vary depending on the legal order that exists in the country. We generally find the following:

  • Direct sources of constitutional law: laws, treaties and customs.
  • Indirect sources of Constitutional Law: jurisprudence , doctrine and comparative law.

Principles of constitutional law

The universal principles of constitutional law are the following:

  • Limitation Principle
  • Principle of supremacy
  • Principle of unity
  • Integrative efficacy principle
  • Principle of social referent
  • Principle of durability
  • Functionality principle
  • Ideological principle

Purposes

The purpose of constitutional law is to establish a form of government that has laws that are in charge of defining the State , regulating the different public powers that make up the State, organizing them , and maintaining the proper division . It seeks to protect the rule of law and to maintain the sovereignty enjoyed by a country, to protect the guarantees and fundamental rights of individuals through the Constitution or Constitutional Charter, better known as the Magna Carta .

Importance of constitutional law

The importance lies in the fact that it guarantees and provides protection to the rule of law that the citizens of a country should enjoy. Through the constitutional or supreme courts of justice , the protection of the fundamental principles and rights of the inhabitants of a country is guaranteed in the event of a violation by the organs and entities that make up the State.

Examples

Some examples of constitutional law are:

  • Civil rights: right to life, freedom of movement, privacy.
  • Political rights: the right to elect and be elected to a government position.
  • Social rights:  right to work, right to receive a fair salary, to education and housing.

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