Constitution and Constitutionalism
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| Constitution and Constitutionalism |
In the seventeenth century, during the power struggle between the King and Parliament in England, Parliament gained many powers from the King. The monarchy did not exist for some time after the overthrow of King Charles I. Oliver Cromwell came forward as the leader instead. During that time Parliament passed a law governing the country (1653). It can be considered as the first constitution of modern times (Instrument of Governance). That experiment did not last long. But after the Revolution in the United States, the revolutionaries came together and passed an event for the country (1799). An incident was also acknowledged in France after the Revolution (1790). After that, the practice of making events for the governance of the country became the norm.
The incident is considered the highest law of the land. Because it is considered to reflect the interests of all classes / peoples in the country. Consensus of all is the basis for the preference of any event (relatively common law is only accepted by a majority of members). Due to such generality, the sovereignty of the country is considered to be included in the constitution. It has a meaning. No other law or action inconsistent with or contrary to the provisions of that Constitution may be valid. It is considered void or unconstitutional. In India, the United States and many other countries, courts have the power to repeal such laws. This sovereignty of events is called edentulism.
In general, three things are mentioned in the Constitution. The events determine how the powers should be distributed among the various bodies of government in the country, what their scope of work should be, and what their structure should be. For example, the constitution sets out how the members of the legislature, the executive, the judiciary, etc., should be elected, what their functions and powers should be, and how these bodies should interact. In the Union (for example, India), the distribution of jurisdiction and resources between the Union Government and the constituent states is subject to change.
On the other hand, the Constitution provides for the protection of individual rights and the interests of minority groups. Therefore, in a democracy, even if the rulers are in the majority, they cannot trample on the interests of the minorities. Minorities are guaranteed security.
The third thing is that the constitution outlines what the goals of that country should be. These principles are expected to be in sight when interpreting the overall phenomenon.
Thank you for Reading !
Thank you for reading!
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Political Science
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