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Constitutional law

1. What is constitution?

Constitution is a collection of general norms of law superior to all other norms of law in given legal system. Their purpose is to shape institutions of the state and mechanisms according to which it functions. Constitution is superior law of the country, a gathering of axiological and procedural guiding principles that are giving framework for the whole legal system.

2. Influences.

Constitution in modern sense is a result of five ideas, five trends in philosophy, law and society that cumulated in time of enlightenment.

a) school of law of nature-the idea that individual has inalienable, substantive rights, which limit the power of the government. Governments should protect those rights, and any authority that denies them is unlawful and unjust and can be disobeyed

b) concept of social contract as a deal between ruler and those who are ruled, between nation and sovereign-in practical sense between people themselves. This idea is rooted in rationalism, as opposed to theological theories of law based on Bible. Previously Bible was supposed to be source of social contract, now rationalism was claiming that thanks to mind people can discover new, better forms of governments and better laws, which should be codified in "Bible of new order"-constitution

c) theories of power division-freedom of individual can be secured only then, when concentration of power in the state is avoided and when different powers are controlling each other, balancing each other, making it their duty to prevent others from abuse of power. Division between legislative,e executive and judiciary power

d) liberalism and egalitarianism understood as freedom of action and equal treatment by the law. The ideal was to give everybody equal treatment by the la, sot hat talent, ability, skill and character would allow them to succeed, merit-not blood.

e) legal positivism-legal positivism believed in strength of written, codified law, and therefore also in constitution-since there is no other source of law, according g to them, than written law.

3. Constitutional law.

Constitutional law is a law that describes impact that constitution has on legal system. It can be understood in two ways:

a) narrow sense: constitutional law as a law of constitution itself-norms that are within document (or documents) of constitution. This is called law of the constitution.

b) broad sense: set of legal norms whose purpose is to regulate political and socio-economical system - all norms that are within constitution and norms that are based on constitution (other sources of law like legislation) whose purpose is to set the framework for the state. Constitutional law

Constitutional law in broad sense concentrates on five distinctive areas.

a) subject of sovereign power-designating who is sovereign in the state, what form government has

b) basic principles of socio-economical system - what kind of property and economic system there is, how it is protected and how organized

c) construction of institutions of state, prerogatives of state organs, way of their functioning and relations between them

d) status of citizen-setting basic right,s privileges and duties of citizen in regard to the state, linked with procedures regulating protection of those rights and privileges

e) basic principles of election system

The content of constitutional norms within constitution are beginning of whole branches of law that are designed to shape legal reality of the state within constrains set by those constitutional norms, like election law.