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Introduction to the Study of Constitutional Law

   

Added on  2019-12-17

15 Pages4513 Words162 Views
Constitutional Law

Table of ContentsINTRODUCTION...........................................................................................................................3QUESTION 1...................................................................................................................................3Constitutionality of section 18c of racial discrimination act......................................................3CONCLUSION..............................................................................................................................10REFERENCES..............................................................................................................................11

INTRODUCTIONConstitution is considered as one of the important element of country. There are variousrights and duties of an individual as well as of the authoritative parties which are governed byconstitution. Set of fundamental rights and principle which are established according to state andproviding benefits to the same are included in constitution. There are various kinds of rights andauthoritative duties explained in the constitution. its is concluded as a comprehensive kind ofdocument of a country which will consist of all the information related to legal principle of thecountry(Schwartz, 2013). A written constitution of a state or the country shall providespecific power to organisation or any institutional entity established upon primary conditions.Laws also include act of a state and there are certain provision of acts which shall be governedby constitution. It is very important for a provision to be recognized by constitution so that itshould be legally established. The following project shall highlight about legality of provisionprovided for racial discrimination in constitution. The aim of the project is to develop a betterunderstanding about constitution.QUESTION 1Constitutionality of section 18c of racial discrimination actA constitution can be referred as the set of principle and duties and there are fundamentalrights mentionable in constitution which shall be granted to an individual inheriting in aparticular country(Mason, Stephenson, 2015). Establishment of a constitution in state isvery important because it will provide certain important rights and duties to the citizen as well asto the authoritative party. There are many state where uncodified constitution is establishedwhere as in the other countries codified constitution is present. If constitution provide rights thenthere are certain limitation also which has been set by the constitution. A constitution shall beformed in 2 ways that is codified and uncodified lawa codification can be referred as single document or a single document which shall be referred asthe source of law to various other acts.Codified constitution- there are many countries which establish codified constitution for anexample country like India is a codified law, it is considered as the supremacy of the law. Acodifies constitution can be refereed as to drafted constitution written in a single document. Theinformation in a codified constitution is always gathered from single form of

document(Epstein, Walk, 2012). There are many principles which has been described in areimpossible to abolished that is whatever situation is there no person or no authority shall have thepower to abolish certain principle of constitution that is every situation provision driving out ofconstitutionshall be valid.Uncodifies constitution- there are only 2 states present which has the uncodified constitution thatis New Zealand and UK. An uncodified constitution is basically a sum up of the conventions andthe treaties which are made between the countries. It is very important to involve theseconventions and treaties so that a new principle shall be established in the making of a uncodifirdconstitution.A constitution is very important for the country because it works as the power governingregulation that is most of the authoritative body or most of the acts are recognized byconstitution(Hughey, 2016). A procedure of appointing someone on the authoritative post isalso described in constitution as well as the power of that authority is also given by constitution.For an example it has been seen that for the regulation of several rules and regulation there aremainly three kinds of bodies which has been set. Executive body which will work for theexecution of any kind of law. Legislative boy which will help the country or the government inmaking of certain laws that is it work as a law making body for any constitution and third is thejudiciary which will work for any kind of infringement of law. Constitution is the body whichwill divide power amongst three bodies equally. It is very important to give powers so that thefunction shall be carried out by these bodies. There are some constitution which will includebranch to govern powers such as auditory branch. Constitution also allows appointment of higherauthorities also like president of the country, all the duties of president are also explained inconstitutional. There is one more provision which is very important for any country that isestablishment of a emergency(Sadurski, 2014). many constitution allows declaration ofemergency under certain situation. When an emergency has been imposed by the application ofconstitution then the rights of a person shall get restricted that is whenever a emergency isapplied, suspension of rights occur and no person shall be able to exercise their constitutionalrights or human rights.One more concept which is attached with constitution is constitutionality of any provision.Constitutionality can be described as the condition or the situation in which provision are

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