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WEEK: 8
TOPIC: CONSTITUTIONS AND CONSTITUTIONALISM
CONTENT:
(a) Meaning of constitution.
(b) Sources of constitution.
(c) Scope of a constitution.
(d) Features.
(e) Types of constitution.
(f) Constitutionalism.
Sub-Topic 1: MEANING OF CONSTITUTION AND SOURCES OF CONSTITUTION
Meaning of Constitution
A country’s constitution is the body of basic laws, principles, conventions, rules and regulations which govern the country. It is a document that establishes the institutions of the government and defines their powers, as well as relationship between various organs and agencies of government. It also contains the right and duties of the country’s leaders and citizens. A constitution is superior to all its other laws.
Sources of Constitution
- Legislation: These are bills passed into law in the parliament
- Customs and Conventions: Constitutions derive also from customs and conventions which are strictly obeyed in society, but which have not been written down.
- Judicial Precedents: Constitutions derive much of their provisions from court judgments passed on very important subject
- International Document: The provisions of important documents such as the UN conventions on human and people’s right, form part of the constitution.
- Past Experiences: The geographical, historical, political, economic, social and religious experiences of people also help to shape the constitution.
- Intellectual Works: Ideas are sometimes borrowed from the works of political thinkers like A.V. Dicey, Karl Marx, and Thomas Hobbes, in constitution making.
- International Laws: International laws such as the ones made by international organizations like UN. These laws include the International Civil Aviation Convention (ICAC), International Laws of the Seas (ILAO).
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