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Law of Constitution

What is the constitutional law that is often understood as referring to governmental constitution? What the constitutional law is involves the manner, principles, procedures and mandates around which modern forms of government are constructed, the activities between the branches of the government are regulated, state power and control are administered and relationship between the sovereign government and its citizens is facilitated. Constitutional law, or simply the constitution, is a body of statutes (codified or uncodified) that articulates the fundamental charter of a sovereign state whose aim is to promote, protect and guarantee the best interests of its citizens. In order to achieve these, a sovereign authority-most commonly a term referring to state governments today-oversees the administration, execution, legislation and arbitration of the law of the land or the rule of law as they are the duly-elected or appointed authorities tasked to carry out this primary responsibility.

A sovereign state or a nation state is a definite politico-geographic territory that is administered by a sovereign authority for the purpose of ensuring and safeguarding the rights and liberties of its citizens. The prevailing notion behind what the constitutional law is has its origins from social contract theories that first gained recognition and acclaim during the modern period or the age of enlightenment. The process of formulating the constitution is called "ratification" whereby the crafting of the constitution or the passage of amendments to the national charter involves the participation of multiple concerned parties that are not directly involved in the national government. This underscores the importance of the law of the land to be genuinely representative of the interests of all citizens under sovereign territory. What the constitutional law is-and how it is ratified-depends on the regulative principles and rules interpreted and adjudicated by the relevant agencies of the ruling government designated to facilitate the activities and processes necessary to forge or repeal the constitution.

As a heuristic device the binding authority and life-span of the national charter is understood in terms according to which it was adopted in the very first place. That being said, nations or countries that push for charter change are often driven by historical and/or political factors within a context of a specific period in time. For example, the drafting of the US constitution was an elaborate process fueled by the will of revolutionaries to gain independence from the British crown. In more recent history the overthrow of the government of Saddam Hussein by a US-led invasion of Iraq resulted to a vacuum in leadership. A transition government was delegated to aid in the reconstruction of post-war Iraq that subsequently drafted the Iraqi constitution. This paved the way for the county’s first democratic national elections that established the rule of democracy and reflected a truly representative government that the Iraqi people themselves put into power.

 Author: Kensington

 Last Modified: 20 May 2011 

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