Constitution
• It is a document that defines the framework of governance system.
• It is a political document, that guides all political institutions.
• It is a legal document and also known as supreme law of a state
• It defines the relationship between government and citizens.
Constitution is used to describe the whole system of government of country, the collection of rules which establish and regulate or govern the government. These rules are partly legal in the sense that courts of law will recognize and apply them, and partly non legal or extra legal, taking the form of usages, understanding customs Or conventions which courts do not recognize as law but which are not less effective in regulating the government then the rules of law strictly so called.
According to Thomas Paine, constitution is not the act of government, but people constituting a government and a government without a constitution is power without right. A constitution is a thing antecedent to a government and a government is only the creature of constitution.
Why constitution is supreme law?
• It is developed from some special process.
• It is issued or promulgated by sovereign power.
• It gives foundation to governing power.
• It provides the roles and responsibilities to different organ of state.
• It can define own legitimacy.
• It is the source of other laws.
• Any law, that contradicts with constitution will be void.
When new constitution is required
• After any political change
• When new state is established
• To end any political deadlock
• To establish democratic norms.
Methods of drafting constitution
• Constitutional assembly
• Constitutional commission
• Constitutional conference
• Drafting by ruler
• Acceptance of constitution written by someone else
With regards Mahesh https://www.maheshkhanal.com.np
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