2 - Constitutional Law

Constitutional Law 

Modern state -> divisible into two distinct parts 1.

Fundamental or essential elements – Constitution of State

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Secondary elements – Details

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Constitutional Law Constitution of State

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Constitutional -

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–

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Fundamental

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Important

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Principles

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Supreme Legislation

Body

of

Rules

which

determine

Constitutional Law and other Legislations 1.

Rigid – Bifurcation- eg. USA

2.

Flexible – Bifurcation is on border line – eg. England

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Constitutional Law – A recognition of the State’s Legal System

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Constitutional Law has Extra Legal Status as it could be in practise prior to enactment 

Reason When new States are set up they enact and confer constitutions on themselves – these have no legal basis – their principles are subsequently recognised by Courts

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Eg –  States after rebelling against England 1

 Bill of Rights in England and the succession of William III

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Constitutional Law -> having extra legal origin cannot be considered illegal as they are based on ‘Rules’ widely used, that is, axiom from which the whole legal system takes birth.

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Constitution De Jure and De Facto – though appearing discordant aim towards assimilation into the other

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