CONSTITUTION
CONSTITUTION AND SOUVERIGNTY OF
THE PEOPLE
PEOPLE
SOCIAL CONTRACT
Constitution
The three ele e t s of the ge eral agree e t:
1. the general goals of society or general acceptance of the same philosophy of government.
2. the rule of law as the basis of government. 3. the form of institutions and procedures.
Constituent power
SUPREMACY OF THE CONSTITUTION
Constitution People
Citizen State Organs Rules and Regulations
THE FUNCTION OF THE CONSTITUTION
• A NATIONAL SYMBOL
Symbol of Unity
Majesty of the Nation
Center of Ceremony
• CIVIL RELIGION
Tool of political, economic, and social control
THE SUBSTANCE OF THE
CONSTITUTION
• Human Rights;
• The structure of state organization;
• Limitation and distribution of state organs authority.
BAGIR MANAN
• Basic principles on human rights protection;
• Basic structure of state organization;
• Basic Limitation of state authority;
SUBSTANCES
• The goal of the state;
• Basic regulations of the state;
• Human Rights;
• Constitutional Rights;
• Position, Authority, election/appointment of the state organs;
• Mechanism on state and government administration (executive, law creating, judiciary);
• People participation Mechanism (General Election).
• State symbols and identity;
• Territory of the state.
MODERN CONSTITUTIONALISM
CJ Bax dan van der Tang:
1. A state must be founded upon law. Power exercised within state should conform to definite legal rules and procedures.
2. Institutional structure of gov. Should ensure that power resides with, or is divided among, different branches which mutually control their exercise power and which are obliged to co-operate.
3. The relationship between the government and the individual members of society should be regulated in
su h a er that it leaves the latter s asi rights a d
MODERN CONSTITUTIONALISM
• By creating basic principles of justice and individual rights policed by court who
independent of government.
• By splitting up power between different
government bodies to ensure that no one person has too much power.
• By adopting representative institutions of
government that chosen and can be remove by the people.
ARISTOTELES
Type of Constitution
Good or True Form
Bad or Perverted Form
Government of One Monarchy or Royalty Tyranny or Despotism
Government of the Few Aristocracy Oligarchy
• The nature of the state to which the constitution applies;
• The nature of the constitution itself;
• The nature of the legislature;
• The nature of the executive;
• The nature of the judiciary
The nature of state to which the
constitution applies
Unitary
State organized under a single central gov.
Supreme legislative authority by one central power (dicey).
Federal
a political contrivance to reconcile national unity and power with the
ai te a e of state rights .
Characteristic:
the supremacy of the constitution.
Distribution of power between the federal state and co-ordinate state forming it.
Supreme authority to settle any
dispute which may arise between the federal and state authorities.
Centralized
The Nature of The Constitution
• Unwritten
grown up on the basis of custom.
• Written
In the form of a
document which has special sanctity
•Documentary
The Nature of the Constitution
Whether the process of co stitutio al law
-making is or is not identical with the process of ordinary law- aki g.
Flexible
Constitution can be altered or amended without special machinary.
Rigid
THE NATURE LEGISLATURE
1. Electoral System, by which voters choose the members of legislature.
Suffrage
a. Adult suffrage;
b. Qualified adult suffrage
Kind of Constituency
THE NATURE OF LEGISLATURE
2. Types of Second Chamber
Election
a. Elective
b. Non-elective c. Partly elective
Strenghtness
THE NATURE OF THE EXECUTIVE
• Parliamentary Executive
THE NATURE OF THE JUDICIARY
• Whether subject to Rule of Law or under Administrative Law.
