Constitution, in politics, a system of law established by the sovereign power of a state for its guidance. Its main objects are to fix the limits and define the relations of the legislative, judicial and executive powers of the state.The Constitution (also called the Constitutional Charter ) is therefore the fundamental law that establishes the organization of the state, the rules and principles of the entire legal system, which no one can violate: neither the king nor the parliament.
Constitution is the set of laws, norms and rules of a country or an institution. The Constitution regulates and organizes the functioning of the State. It is the maximum law that limits powers and defines the rights and duties of citizens.
Is There A Typical Content Of The Constitution?
No: each state has its own constitution. There have been some countries like England that have preferred to adopt an unwritten Constitution that is certainly much less guaranteed than a Constitution written as many other nations.Therefore, there is no rule that establishes the content of the constitutions, since each State draws up this act of birth in complete autonomy and writes to it what it considers most important.
Revolution, the idea of a constitution has been ( generally that of a written public law, promulgated by the sovereign power. In Great Britain it is the whole body of the public law, customary as well as statutory, which is continually being modified by the general will.The necessity of a constitution is accentuated not only in all federated republics, but also in all other federated states, such as was formerly the case with the federated s monarchies of Germany.
The Constitution is considered the highest rule of the legal order of each country.
Some states, such as the United Kingdom, do not have a written constitution ; it is the custom that prevails to organize the relations between the institutions. Others, such as the United States, have a Constitution in the form of a single text , with both the list of fundamental rights granted to citizens and the definition of different powers.
Unlike the United States, which has had the same Constitution since 1787, France has had very different constitutions in their content and presentation . For example:
- the first Constitution, drawn up in 1791 , which defined both the fundamental rights set forth in the Declaration of the Rights of Man and of the Citizen of August 26, 1789, and the different organs of the State;
- the three constitutional laws establishing the Third Republic in 1875 which did not include any reference to fundamental rights;
- the Constitution of the Fifth Republic opens with a preamble proclaiming the attachment of the French people to human rights and the principle of national sovereignty, which was enriched in 2005 by the rights and duties defined in the Charter of the environment, adopted in 2004 by Parliament . The Declaration of 1789 and the preamble of the Constitution of October 27, 1946 were associated with it and acquired, in 1971, a constitutional value.