Law Making Process Notes for Legislative Principles and Law Making Process

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Constitution : role and significance Of Constitution

The word “constitution ” is derived from latin word “constitute” which means to form or to establish.


constitution is a collection of principles according to which the powers of government, the rights of the governed and the relationship between the two are adjusted.

Constitution is a basic political document which explains the nature of government, confers fundamental rights to the citizens and regulates the relationship between the government and the citizens.

Constitution is an aggregate of fundamental principles or established precedent that constitute the legal basis of policy, organization or other type of entity and commonly determine how that entity is to be governed.

Constitution provide scope for good government, while at the same time placing limitation on the power of governors.

constitution defines how the government operates it defines the power of government while also limiting the government from power prohibited to its and reserved to all the states or to the people.

Constitution forms the basic structure of government constitution is base on the fact that it lays down all the legal and cultural aspects under which it people and governmental bodies will be governed and that too when there are foreign interactions in personal affairs every now and then by international organization.

Constitution: Constitution is a body of fundamental principles or established precedents according to which a state or other organization is acknowledged to be governed.

Constitution is a set of legal political rules that are binding on everyone in the state including ordinary law making institutions and are based on widespread public legitimacy.

The Constitution is the body of fundamental doctrines and rules of a nation from which stem the duties and powers of the government and the duties and the rights of the people.

The Constitution is harder to change than ordinary laws( two third majority votes for referendum is needed in order to change it). The Constitution majorly concerns the structure and operation of the institutions of government, political principles and the rights of citizens. The constitution as a minimum should also meet the internationally recognized criteria for a democratic system in terms of representation and human rights.

A Constitution of a country is a set of written rules that are accepted by all people living together in a country. The constitution is the supreme law that determines the relationship among people living in a territory and also the relationship between the people and government. A constitution performs several functions:

(i) It generates a degree of trust and coordination that is necessary for different kinds of people to live together.

(ii) It species how the government will be constituted, who will have the power to make which decisions.

(iii) It lays down limits on the powers of the government and tells us what the rights of the citizens are.

(iv) It expresses the aspirations of the people about creating a good society.

The Constitution can declare and define boundaries of the political community. These boundaries can be both territorial and personal. Thus, the country’s constitution often distinguishes between those who are inside and those who are outside the policy.

The Constitution can declare the official religious identity of the state and democratic relationship between sacred and secular authorities. This is particularly important in societies where religious and national identities are interrelated.

The constitution entails about the emergency state of the country or when one country reaches the phase of emergency. Precisely speaking the constitution talks about both derogable and non- derogable rights of the citizen during the time of emergency. President announces the emergency state.

The notion of inclusivity at its peak as we can see women, dalit, children, disable, senior citizens,etc are given priority and have been adopting the principal of substantive equality.

Moreover, the constitution provides the jurisdiction power within the legal system of the country. It allows the different courts of law to handle different cases for example there are 5 writs and among them 2 of the habeas corpus and prohibition can be heard by the district court whereas the other 5 can be heard directly either at supreme court or high court.

Every state has the obligation to respect, protect and fulfil Human rights. The constitution of Nepal respects the human right by including it in the fundamental rights from 16 to 46 and equally protects the rights by providing the constitutional remedy in article 46 assuring the justice to the general public with the substantial amount of treatment when violation of rights. Simultaneously, the fulfillment part comes when the court of law renders satisfactory justice to both victims while punishing the offenders.

The word constitution is derived from the word “constitute” which means “formally establish”. The Constitution is a set of laws and rules that establishes the machinery of a state’s government and describes and determines the relationships between the executive, legislature, judiciary, central, and local governments. It is a state or country’s Supreme Law that lays out the process for establishing legislation or rules, as well as the state’s administration. It is the foundation of any government.

The Constitution provides a basic set of rules and regulations for smooth functioning of the administrative system.

Role and Significance of the Constitution are listed down below:

  • It has a system of check and balance which prevents the misuse of the power vested in the government.
  • It regulates the relationship between the various organs as well as between citizens and the government.
  • It gives the valuable information about the composition of the government regarding its structure, organs, duties and responsibilities.
  • It also defines the country’s political system.
  • It protects the rights of the minorities from the suppression forced on them by the majority.
  • It guarantees several fundamental rights and other constitutional rights to citizens in order to protect them from facing any injustice.
  • Constitution creates the organs of the state ( i.e. Legislative, Executive and Judiciary) and confers power upon the organs created by it.
  • The Constitution explains the nature of the government.
  • The Constitution may incorporate the principle of separation of power between the legislature, executive and judiciary.
  • The constitution lays down the National goals and values of a Nation.
  • It contains the provision of power transfer at the time of National Emergencies.
  • Constitution establishes the laws.
  • The constitution creates the organs of the state and confers power upon the organs created by it.
  • the constitution guarantees fundamental rights in order to protect them from any injustice faced by them.
  • constitution explains the nature of government.
  • the constitution contains the directives to run the government.
  • the constitution limits the power of government so that it doesn’t become arbitrary.
  • The constitution guards our right as human as a citizen.
  • Provides for the independence of each organ i.e legislative, executive and judiciary.
  • It upholds the sovereignty of the nation.
  • It checks errors in administration and Mishandling of power.
  • It projects the form of government in the country.
  • It ensures the fundamental rights to its citizens.
  • It directs the states in making legislation.
  • It lays out the procedures for several functions, administrations, legislation, execution of the government machinery.
  • It provides for the separation of Powers.
  • The Constitution projects the form of government in the country.
  • It ensures the fundamental rights of its citizens.
  • It directs the states in making legislation.
  • It lays out the procedures for several functions, administrations, legislation, executive of the government machinery.
  • It provides for the separation of power.It provides for accountability of the government to the people of the country.
  • It provides for judicial review in case of laws violating the supreme procedure established by the laws(i.e constitution).
  • It gives people ideas/knowledge on the existing laws.

It depicts the country’s government structure.

It protects its citizens’ basic rights.

It gives states guidelines for enacting laws.

It lays out the procedures for a variety of functions, including administrations, laws, and government machinery execution.

It establishes a separation of powers.

It guarantees the legislative, executive, and judicial branches’ independence.

It protects the country’s sovereignty.

It serves as a check on mismanagement and abuse of authority.

It establishes the government’s accountability to the people of the country.

It allows for judicial review in cases where laws violate the law’s established Supreme procedure (i.e. Constitution)

  • The Constitution is a collection of rules and principles which set out how a state will be governed.
  • It acts as a framework for every decision the government makes, particularly the legislature, executive and judiciary. (courts)
  • People’s rights and will are included in the constitution. So, It establishes a relationship between the government and the people.
  • It acts as an apex body as it is superior to all laws of the country which means any law or provision that is circulated in the nation is passed down from the constitution itself.
  • The constitution lays down the national goal and helps the country reach it.
  • It is an important document that controls the transfer of power during national emergencies.
  • It ensures fair representation of public opinion in any state decision.
  • It ensures that the ones who exercise the power are held accountable for the people.
  • It guarantees the rights and freedom of the citizens.
  • It protects the identity of the state.
  • It ensures the protection of human dignity, equality, and liberty.
  • The Constitution provides a national government consisting of a legislative, an executive and a judiciary branch, with a system of check and balance among the three branches.
  • The constitution is an aggregate document which acts as a guiding principle to the nation.
  • The constitution imparts a blueprint for peace, justice, harmony that was freely negotiated and accepted by parties.
  • The constitution makes a clear demarcation of the responsibility assigned to each of them by applying the doctrine of separation of powers.
  • The constitution works as an instrument to bring changes on economic, social and political according to the needs of people.
  • The constitution provides scope of good governance and provides accountability of government to the people of the country.
  • It expresses the aspirations of the people about creating a good society.
  • It protects individual freedom.
  • It lays down the limits on the power of government.
  • It is a roadway to other laws.
  • It promotes equality among people and bars unfair discrimination of any kind.
  • The Constitution is the law of a state, which is supreme in nature defining the political and legal nature of a state.
  • It sets objectives for the state, its government, and governing institutions.
  • The Constitution not only creates a government empowering them with rights but also requires them to fulfill their obligations.
  • It places sufficient institutions and instruments to control or stop the misuse of authority.
  • The Constitution ensures that those who make decisions on behalf of the public fairly represent public opinion.
  • The Constitution contributes to the basic powers of its citizens and the legal benefits of its other inhabitants.

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