CONSTITUTION.

Transcription

1 CONSTITUTION

2 CONSTITUTION AND SOUVERIGNTY OF THE PEOPLE PEOPLE Constituent power SOCIAL CONTRACT General Agreement, Basic Law Constitution The three element s of the general agreement: 1. the general goals of society or general acceptance of the same philosophy of government. 2. the rule of law as the basis of government. 3. the form of institutions and procedures.

3 SUPREMACY OF THE CONSTITUTION People Constitution Citizen State Organs Rules and Regulations Daily life as a Nation and State State and Government Administration

4 THE FUNCTION OF THE CONSTITUTION A NATIONAL SYMBOL Symbol of Unity Majesty of the Nation Center of Ceremony CIVIL RELIGION Tool of political, economic, and social control Tool of political, economic, and social engineering and reform

5 THE SUBSTANCE OF THE CONSTITUTION SRI SOEMANTRI Human Rights; The structure of state organization; Limitation and distribution of state organs authority.

6 BAGIR MANAN Basic principles on human rights protection; Basic structure of state organization; Basic Limitation of state authority; Identity of the state;

7 SUBSTANCES The goal of the state; Basic regulations of the state; Human Rights; Constitutional Rights; Position, Authority, election/appointment of the state organs; Mechanism on state and government administration (executive, law creating, judiciary); People participation Mechanism (General Election). State symbols and identity; Territory of the state. Mechanism of creating or amending the constitution.

8 MODERN CONSTITUTIONALISM CJ Bax dan van der Tang: 1. A state must be founded upon law. Power exercised within state should conform to definite legal rules and procedures. 2. Institutional structure of gov. Should ensure that power resides with, or is divided among, different branches which mutually control their exercise power and which are obliged to co-operate. 3. The relationship between the government and the individual members of society should be regulated in such manner that it leaves the latter s basic rights and freedoms unimpaired.

9 MODERN CONSTITUTIONALISM By creating basic principles of justice and individual rights policed by court who independent of government. By splitting up power between different government bodies to ensure that no one person has too much power. By adopting representative institutions of government that chosen and can be remove by the people. By providing for direct participation by the people in the process of government decision-making.

10 ARISTOTELES Type of Constitution Good or True Form Bad or Perverted Form Government of One Monarchy or Royalty Tyranny or Despotism Government of the Few Aristocracy Oligarchy Government of the Many Polity Democracy

11 Modern Classification, A.V. Dicey The nature of the state to which the constitution applies; The nature of the constitution itself; The nature of the legislature; The nature of the executive; The nature of the judiciary

12 The nature of state to which the constitution applies Unitary State organized under a single central gov. Supreme legislative authority by one central power (dicey). Federal a political contrivance to reconcile national unity and power with the maintenance of state rights. Characteristic: the supremacy of the constitution. Distribution of power between the federal state and co-ordinate state forming it. Supreme authority to settle any dispute which may arise between the federal and state authorities. Centralized Localized/ Decentralized

13 The Nature of The Constitution Unwritten grown up on the basis of custom. Written In the form of a document which has special sanctity Documentary Non-documentary

14 The Nature of the Constitution Whether the process of constitutional lawmaking is or is not identical with the process of ordinary law-making. Flexible Constitution can be altered or amended without special machinary. Rigid Require special procedure for its alteration of amendment.

15 THE NATURE LEGISLATURE 1. Electoral System, by which voters choose the members of legislature. Suffrage a. Adult suffrage; b. Qualified adult suffrage Kind of Constituency a. Multi-member contituency b. Single-member constituency

16 THE NATURE OF LEGISLATURE 2. Types of Second Chamber Election a. Elective b. Non-elective c. Partly elective Strenghtness a. Strong bicameral b. Soft bicameral

17 THE NATURE OF THE EXECUTIVE Parliamentary Executive Non Parliamentary Executive

18 THE NATURE OF THE JUDICIARY Whether subject to Rule of Law or under Administrative Law. Whether centralized or decentralized judiciary.