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What is a 'Constitution'?
Member rating: No Rating | Words: | Submitted: Mon Jun 19 2006
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What is a 'Constitution'? The 'constitution' is usually the 'higher law' of any legal system - to a certain extent it is the the very law (usually contained in a single document) which constitutes, or brings into existence in the first place, a legal system. The constitution is the source from whence all particular or occasional laws derive their validity. It is the legal source of validity of particular laws. To a certain extent two ideas follow from this initial idea of 'validity'. * Firstly the constitution legitimises the particular and occasional laws of a legal system - it is the reason for the validity of the particular and occasional laws. It provides the 'legality' of the exercise of political power. * Secondly the constitution seems to inherently include an idea of the limitation of the arbitrary use of power in any society - there is a duty upon those who occupy state...
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