10 characteristics of constitutional law
He constitutional right, also know as political right, is the part of the public law aspect that is in charge of the analysis of the concepts, principles and laws that govern and determine the existence of the national State, whose legal order is contained in its constitution.
The role of constitutional law is enforce everything related to the forms of State and Government. In this sense, it emphasizes the correct regulation of all public powers, including the rights of citizens who are part of the nation.
Characteristics of constitutional law
- compliance with the constitution: Taking into consideration that the National Constitution contains the legal apparatus that is in charge of regulating the public life of the State, Constitutional Law is in charge of the correct fulfillment of what is established in said document. In order for this to be carried out, the different legal bodies that are in charge of the interpretation and correct application of the laws are required, such as the Supreme Courts of Justice.
- It covers different fields: It can be determined that the fields covered by Constitutional Law carry out the study of the following areas:
- The theory of Power.
- The theory of the state.
- The theory of the Constitution.
- The theory of human rights.
- It has its origin in antiquity: Constitutional Law could not have been formed as an autonomous discipline before the different current constitutions appeared, in this way, there could be a common agreement that has as its function govern the political life of the state. In this sense, the birth of Constitutional Law can be located in the century XVIII, specifically in the british constitution. In the same way, there were already historical precedents that are quite important, such as the laws of the Ancient Greece, which Plato and Aristotle They distinguished themselves from the others through their different studies.
- It is divided into three types: According to their study procedures, different types of Constitutional Law can be identified
- Classic Law. This type of Constitutional Law is focused on the theoretical study of the National Constitution, through the positive method.
- Comparative Law. This is the one that is in charge of evaluating the different constitutional texts that exist and their correct application, in order to be able to study the differences, contrasts and similarities between them.
- General Law. It is in charge of studying the concepts of constitutionalist legal thought.
- National or particular law. It is the one that is in charge of the study of legal cases that are part of the constitutional history of the different nations of the world.
- Limit and give guarantees in turn: In charge of restricting the powers of power, Constitutional Law is the limit that governments have, forcing them to adapt to the legal regulations of the national Constitution. With this, no transitory power, in principle, even with a majority, will be able to contradict the basic framework of legal life.
- He is a guide for the branches of positive law: This principle is established because the highest legal hierarchy that exists is found in the content of the Magna Carta, in this way, no legal army can contradict the premises by which Constitutional Law is governed.
- It has three divisions: Constitutional Law can be sectored according to a hierarchy that is characterized by going from the most general to the most specific, as follows:
- National Constitutional Law. This is the one that is in charge of governing the entire state.
- Provincial Constitutional Law. Its provisions may vary depending on the province, and in the case of federal political models, this variation may be large.
- Municipal Constitutional Law. It refers to the political-territorial division of the municipalities or neighborhood complexes.
- It has doctrinal principles: The protection of the rule of law and compliance with the fundamental laws of the people is one of the principles of Constitutional Law. The other principles that are part of it are two and are made up of the division of Public Powers and the national sovereignty of States.
- Can be applied internationally: Thanks to globalization and freedom of thought, there is currently a need to focus on a Constitutional Law of international origin that is capable of governing the joint operation of the different nations of the world.
- Don't run away from challenges: Constitutional law does not escape the challenges that it has at a legal level; in most cases the challenge lies in the existing debate between the sovereignty of all nations and Human Rights.
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ENCICLOPEDIA DE CARACTERÍSTICAS (2023) 10 characteristics of constitutional law, en 10caracteristicas.com. https://10caracteristicas.com/en/10-characteristics-of-constitutional-law/ (Consultado el: 22-09-2023)
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