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Parliamentary – Constitutional Structure | CSS Constitutional Law Notes

Parliamentary - Constitutional Structure CSS Constitutional Law Notes

Parliamentary – Constitutional Structure
CSS Constitutional Law Notes

The modern concept of prime ministerial government originated in the Kingdom of Great Britain (1707–1800) and its contemporary, the Parliamentary System in Sweden (1721–1772)

In a parliamentary system, by contrast, the legislature holds supreme power. The prime minister is chosen by members of the legislature (Parliament) from among their own number and in practice is the leader of the majority party in the legislature. The cabinet members must also belong to the legislature, where they are subject to the same kind of questioning that the prime minister experiences. If the prime minister loses the support of the majority in the legislature on a significant vote, he or she must resign, and elections are called immediately. Thus, whereas in the United States, elections are held at fixed intervals, in Britain and other parliamentary countries, they may occur at any time, the only restriction being (in Britain) that they must be held at least once every five years.

This form of government exists in countries like Britain, Pakistan, India and Canada. The Features of Parliamentary Form of Government has been discussed below:

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CSS Constitutional Law Notes | Governing Systems and Executive-Legislative Relations

CSS Constitutional Law Notes | Governing Systems and Executive-Legislative Relations

Governing Systems and Executive-Legislative Relations

(Presidential, Parliamentary and Hybrid Systems)

The relations among a country’s governing institutions differ depending on whether a country has a presidential, parliamentary or hybrid political system. Although each country has its own variance on these political typologies, some conclusions have been drawn about the characteristics of each of these systems and their relationship to political conflict and executive and legislative power. These generalizations are useful for helping to determine characteristics of political systems of other nations three aspects of executive-legislative relations:

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Constitutional Structures (Parliamentary, Presidential, Separation of Powers) | CSS Constitutional Law Notes

Constitutional Structures (Parliamentary, Presidential, Separation of Powers) | CSS Constitutional Law Notes

The Concept of a Constitution

The whole concept of a constitution emerged from the concept of Natural Law because it was thought that nature works on certain fundamentals and therefore, there is a harmony in nature. Thus human organizations must also work on certain fundamentals and only then, there will be harmony.

In the beginning, when the man was in the state of nature, no constitution was needed. The need for a constitution arose when the men decided to live in a society or a specified territory.

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The Concept of -Rule of Law | CSS Constitutional Law Notes

The Concept of -Rule or Law, CSS Constitutional Law Notes

Q The Concept of -Rule or Law” is an integral part of the British constitution Explain this in the light of Dicey’s Exposition on the rule of law Also elaborate us present day modem concept in a state (C.S.S.,2016)

Rule of Law

The rule of law is a term that is often used but difficult to define. A frequently heard saying is that the rule of law means the government of law, not men. But what is meant by “a government of law, not men”? Aren’t laws made by men and women in the irroles as legislators? Don’t men and women enforce the law as police officers or interpret the law as judges?

The idea of the rule of law has been around for a long time. Many societies, including our own, have developed institutions and procedures to try to make the rule of law a reality. These institutions and procedures have contributed to the definition of what makes up the rule of law and what is necessary to achieve it.

Meaning of Rule of Law

The origins of the expression “rule of law” in English are uncertain. The first recorded use of the expression that the Oxford English Dictionary can find is by John Blount. Around 1500. Blount, a kinsman of William Blount, 4th Baron Mount joy and a fellow at All Souls College, Oxford, translated into English some selected portions of Nicholas Upton’s Dc Studio Militari (a forgettable 1447 treatise on heraldry and the military). Blount rendered the Latin Juris regula as (using the spelling of his time) the Rewle of lawe.

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What is Constitutional Law? | CSS Constitutional Law Notes

Definition and Scope of Constitutional Law

Definition and Scope of Constitutional Law

What is Constitutional Law?

  1. That branch of the public law of a state which treats of the organization and frame of government, the organs and powers of sovereignty the distribution of political and governmental authorities and functions, the fundamental principles which are to regulate the relations of government and subject, and which prescribes generally the plan and method according to which the public affairs of the state are to be administered.
  2. That department of the science of law which treats of constitutions, their establishment, construction and interpretation and of the validity of legal enactments as tested by the criterion of conformity to the fundamental law.
  3. A constitutional law is one which is consonant to, and agrees with, the constitution: one which is not in violation of any provision of the constitution of the particular state

Constitutional law is a type of public law that revolves solely around the distribution and exercise of government power. In the United States, the constitution is in essence, the framework for which all laws are established and to specify the separation of powers between the three branches (judicial, legislative and executive) of the federal government.

That being said, not all nation states possess a codified constitution. Those that do not; however, will typically utilize some form of law of the land that may consist of a number of consensual rules. These may include international rules on train, the separation of church and state, laws governing governmental powers, various statutory laws, customary law conventions, judge-made laws and an assortment of other frameworks.

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