Page 33 - ENGLISH FOR CONSTITUTIONAL LAW

The introduction to constitutional law sources begins with the most important and
supreme constitutional law source, the Constitution itself. A constitution is a written
document that sets out the basic structure of government, the powers and duties of its
branches, and the rights and freedoms of individuals. It serves as the supreme law of the land
and is the ultimate authority for all other laws within the country. The constitution can be
either written or unwritten, depending on the country. Written constitutions are typically
found in countries like the United States, India, and Germany, while unwritten constitutions
are more common in countries like the United Kingdom and New Zealand.

In addition to the Constitution, other sources of constitutional law include legislation,
judicial decisions, constitutional conventions, and international treaties. Legislation refers to
laws enacted by the legislative branch of government, such as acts of parliament or statutes.
These laws may directly relate to constitutional matters or indirectly affect constitutional
rights and principles. Judicial decisions, conversely, are the rulings made by courts in
constitutional cases. These decisions interpret and apply the constitutional provisions in
specific factual situations, establishing precedents that guide future cases. Constitutional
conventions are unwritten customs and practices that have constitutional significance. They
are not legally enforceable, but they play a vital role in shaping the constitutional system,
particularly in countries with unwritten constitutions.

International treaties can serve as a valuable source of constitutional law. Treaties are
agreements made between countries, and when a country becomes a party to a treaty, it
assumes certain obligations and responsibilities. In many countries, these obligations and
responsibilities can become incorporated into the country's constitution, becoming part of its
domestic law. This means that international treaties can significantly impact a country's legal
framework and can even override conflicting domestic laws.

One way in which international treaties can influence constitutional law is through the
process of treaty incorporation. When a country ratifies a treaty, it may incorporate its
provisions directly into its constitution. This can occur through the enactment of specific
legislation or through an amendment to the Constitution itself. By doing so, the country
ensures that the treaty's provisions have the same legal status as any other constitutional
provision. This means that the treaty becomes binding on both the government and the
citizens, and any conflicting domestic laws must be interpreted and applied consistently with
the treaty.

Exercise 3. Answer the following questions

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1 What are the sources of constitutional law?
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2 What is the significance of constitutions as a source of constitutional law?
3 How can international treaties influence constitutional law?
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4 What is the definition of judicial decisions?
5 Why should the students understand the various constitutional law sources?
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