A constitution is a legal document, either written or unwritten, which specifies a set of principles according to which a state or any other organization is ruled. The laws which form a constitution are known as constitutional laws. This article takes a comprehensive look at the subject of constitutional law and various issues covered by it. Know more through constitutional law essay help.
What is a Constitution?
A constitution as noted before is a set of fundamental principles according to which states are governed. It may be codified in a single document or may not be codified. Regardless of the fact whether they are codified or not codified, all constitutions are bound by certain laws. These laws are called constitutional laws. Know more from a constitutional law expert through constitutional law essay or constitutional law assignment help.
What are Constitutional Laws?
According to our constitutional law assignment essay help experts, constitutional laws are those which guide the constitution of a country and explicate the relationship between the different entities of the government namely the legislative, executive and judiciary.
As such constitutional laws may often be defined as second order rule-making because constitutional laws are exclusively concerned with rules of rule-making, explain our constitutional law assignment essay help experts. Any rule made in a democratic political structure has to be in agreement with the constitutional provisions. Know more from a constitutional law expert through law essay writing or constitutional law assignment essay help.
Areas of constitutional laws
No matter whether these laws — an integral part of our constitutional law assignment essay help material — are for a written or an unwritten constitution, all constitutional laws must contain the following provisions:
- Powers of the various spheres of the government such as executive, legislative and the judiciary
- Fundamental rights and duties of the citizens.
Let us look at each of these areas separately explained by our constitutional law essay or constitutional law assignment essay help experts.
Branches of Government
All modern democratic governments work on a principle of separation of powers as explained by constitutional law assignment essay help experts whereby legal powers are divided into three separate and independent branches of government namely:
- The legislative
- The executive
- The judiciary
Our constitutional law assignment essay help experts explain each of them in details.
A legislature is the law-making branch of the government which has the power to enact, amend and repeal laws. Know more about legislature through law essay help or constitutional law assignment essay help from a law writer. The place where the members of the legislature sit is variously called the ‘legislative assembly’, the ‘parliament’ or the ‘congress’, explain our constitutional law assignment essay help experts. In most of the democratic set ups, the legislative is more powerful than the executive. The executive is responsible to the legislature which may issue a no-confidence motion against the executive. According to the constitutional law assignment essay help experts, there are several types of legislatures divided according to the number of chambers:
- Unicameral legislature: A government which has a single chamber legislature is said to be having a unicameral legislature, mention our constitutional law assignment essay help experts. Unicameral legislatures work best in countries which have small populations with no regional and social variation. For e.g. small countries like Switzerland, New Zealand etc. Similarly, communist countries like People’s Republic of China and Cuba have unicameral legislatures. Know more through constitutional law assignment essay help.
- Bicameral legislature: A legislature which has two chambers is called a bicameral legislature, define our constitutional law assignment essay help experts. In a federal structure, the bicameral legislature consists of two houses namely the upper house and the lower house, explain the constitutional law assignment essay help experts. The lower house is usually elected while the upper house members are nominated. Bicameral legislatures are supposed to be better than unicameral legislatures because they allow for a greater scope of discussion. Know more through constitutional law assignment essay help.
- Tri-cameral legislature: Tri-cameral legislature is one where there are three chambers, state our constitutional law assignment essay help experts. South Africa has a tri-cameral legislature. The pre-revolutionary French monarchy had also a tri-cameral legislature consisting of the aristocracy, the clergy and the commoners. Take constitutional law assignment essay help to know more.
- Tetra-cameral legislature: The legislature which has four chambers is called tetra-cameral legislature, say our constitutional law assignment essay help experts. The medieval Scandinavian countries had tetra-cameral legislatures. Tetra-cameral legislatures, however, have become irrelevant now. Know more through constitutional law assignment essay help.
The branch of government which executes the daily function of government is called the executive. Learn about executive in details by taking constitutional law assignment essay help. Executive power may consist of two types of leadership:
- De jure: In classical law, de jure means concerning law which is different from de facto, which means concerning fact. This is explained in details in our constitutional law assignment essay help material. A de jure executive power typically rests with the ceremonial head of the state which is different from the head of the government who is the de facto (in fact) executive head. To know more, take constitutional law assignment essay help.
- De facto: De facto means in fact and the term is used to define the real head of a government, elaborated in details in our constitutional law assignment essay help material. In a parliamentary form of government, the president is the de jure or the ceremonial head of the government while the prime minister is the real or de facto head. In presidential form of governance, de jure and de facto authorities are rolled into the office of president, explain the constitutional law assignment essay help experts.
Examples: According to the constitutional law assignment essay help experts, India has a head of state that is different from the head of government. The president is the legal head of the country while the prime minister is the real head. On the other hand, in USA, the president is both the head of state and the head of government. To know further, take constitutional law assignment essay help.
The branch of government that interprets, applies and reviews laws is called the judicial branch of the government or simply the judiciary. To know more, take constitutional law assignment essay help.
- The judiciary can interpret law
- The judiciary arbitrates on disputes
- Any law which is made by the legislature can be reviewed by the judiciary which can examine as to whether the law is constitutional or not. Executive powers are also subjected to review by judiciary, explain the constitutional law assignment essay help experts.
Study about these functions in details by taking constitutional law assignment essay help.
Types of Law Courts:
According to their function and origin, courts of law can be of various types:
- Trial and Appellate
Trial law courts are those courts which exist for holding trials, the constitutional law assignment essay help experts say. On the other hand, appellate law courts are those which hear the appeals against decisions of the lower courts. Know more through constitutional law assignment essay help.
- Civil law courts and common law courts
The courts which are derived from the civil law jurisdictions of France are called civil law courts, while the law courts which are derived from the English common law jurisdiction are called common law courts, state the constitutional law assignment essay help experts. The civil law courts follow an inquisitorial system where the court is actively involved in finding the facts of a case. A common law court follows an adversarial form of legal system — mentioned the constitutional law assignment essay help experts — where the court acts as an impartial referee between the defense and the prosecution. Read more in our constitutional law assignment essay help material.
Rights and Duties of a Citizen
Constitutional laws also spell out the rights and duties of a citizen. According to the constitutional law assignment essay help experts, a citizen is guaranteed of certain fundamental rights which cannot be stripped away by the state. Fundamental rights constitute the very essence of a democracy and are defined by the constitutional law assignment essay help experts as a set of legal protections that is guaranteed constitutionally to each and every citizen irrespective of his/her race, gender sex, religion, caste or creed. To know more, take in constitutional law assignment essay help.
List of Fundamental Rights and Their Meanings
- Right to self-determination: The right of a nation to choose its own sovereignty and international status without any international pressure. To know more, take constitutional law assignment essay help.
- Right to liberty: The right to enjoy all sorts of political and social freedom.
- Right to due process of law: The right that requires the state to follow all legal principles when it deals with the citizens.
- Right to freedom of movement: The right to move freely anywhere within the territorial limits of the state.
- Right to freedom of religion: The right to practice any religion one wishes to.
- Right to freedom of expression: The political right to express oneself freely.
- Right to peaceful assembly: The right to gather together in a group with peaceful intentions.
- Right to freedom of association: The right to join or leave any organization or an association is called right of freedom of association.
To know about fundamental rights in details, take constitutional law assignment essay help.
Emergency and Fundamental Rights
An emergency is a situation — mention our constitutional law assignment essay help experts — which poses an immediate threat to the political, social and economic environment of a country. Any government can declare a state of emergency. According to the constitutional law assignment essay help experts, in such a state all fundamental rights are suspended while the functions of some of the branches of the government are also suspended.
The moral, political and economic obligations of a citizen of a country are called fundamental duties, define our constitutional law assignment essay help experts. Some important fundamental duties that the constitutional law assignment essay help experts mention are:
- To abide by the constitution
- To show respect to the national flag
- To render country military service when called upon to do so
- To safeguard public property
- To protect natural resources
- To pay taxes
- To uphold sovereignty and the integrity of the country etc.
Principles of Constitutional Laws
Constitutional laws are based on certain democratic principles which the constitutions seek to uphold as explained in our constitutional law assignment essay help material. The basic principles are:
- Rule of law
- Separation of powers
- Fundamental rights/human rights
Let us take a look at each of these principles:
Rule of Law
- According to the constitutional law assignment essay help experts, it is dependent on the principle that a democratic nation is ruled by law and not by arbitrary decisions of an autocrat.
- The Greeks were the earliest to promote rule of law. Aristotle always used to say that ‘laws should govern’.
- In the Islamic monarchies of the medieval period, rule of law was established according to the Sharia law.
- However, modern form of rule of law began in 16th century England and was popularized in the 19th Rule of law in constitutional law assignment essay help states that all citizens of a country including the law makers themselves are subjected to the provisions of law.
Separation of Powers
The second principle of constitutional laws in constitutional law assignment essay help is the principle of trias politica or separation of power. The model elaborated through constitutional law assignment essay help was developed in ancient Greece and perfected under the French political thinker Baron De Montesquieu. Constitutions with high degree of trias politica are found in countries like USA, Italy etc. New Zealand and Canada have very little separation of power.
Guarantee of fundamental rights
Guarantee of certain inalienable rights of human beings — elaborated in details in our constitutional law assignment essay help material — form the third most important principle of constitutional laws. These rights are called fundamental rights when recognized by a constitution of a country and human rights when recognized by international bodies like the UN, explain the constitutional law assignment essay help experts. The in constitutional law assignment essay help experts further state that UN defines human rights as those inalienable rights which are obligatory for a human being simply because he is a human.
Constitutional Laws Around The World: An Overview
Various countries have various types of constitutional laws explained in details in our constitutional law assignment essay help material. Here we shall deal with three countries:
- United States of America
The US constitution is one of the oldest written constitutions, reveal our constitutional law assignment essay help experts. It was created in 1787 and ratified in 1788. It has the following special features:
- Originally made up of 7 articles
- First three deal with the doctrine of separation of power
- The next three articles deal with federalism
- Article seven deals with the procedure of state ratification.
- The articles have been amended only 27 times
- The first ten amendments are called Bill of Rights
- They deal with the fundamental rights of US citizens.
- US constitution is one of the most difficult constitutions to be amended
- United Kingdom
United Kingdom constitution as explained by the constitutional law assignment essay help experts has the following principles:
- Since the glorious revolution of 1688, the UK constitution has started to take shape
- It is largely unwritten
- It is a collection of several written documents, statutes, conventions, court judgments etc.
- It is easily amendable. It can be changed by a simple law of the parliament.
Australia has some special constitutional features as explained by the constitutional law assignment essay help experts. They are:
- It is scattered over several documents
- Constitution of commonwealth of Australia is the most important. Other important documents are Statute of West Minister and Australia Act of 1986.
- Australia follows a federal system of government
- The Courts have authority to judge the constitutional validity of laws.
What are The Difficulties Which Students Face While Writing a Constitutional Law Assignment?
Constitutional law is a vast area which combines perspectives from various disciplines such as political science, comparative politics, governance law etc. However, as a field of enquiry, it is academically rewarding and intellectually stimulating and so students need constitutional law assignment essay help. If you want constitutional law assignment essay help, you are not alone since almost all students suffer from the following problems:
- Vastness of the subject
Constitutional law assignment as explained by our constitutional law assignment essay help experts deals with a number of subject areas such as branches of government, fundamental rights, comparative constitutional analysis etc. The sheer breadth is sure to overwhelm.
Vastness of the topic is surely matched with strict deadlines as explained by the constitutional law assignment essay help experts. A student’s worst nightmare, deadlines are, however, important if you want to do well.
- English language expertise
Even when students know their subjects very well, they often have problem to present them in a coherent manner in the Queen’s language. Constitutional law assignment essay help can be the solution to this problem.
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