Definitions

What is Constitutional Law definition/concept

Constitutional law is the branch of public law that legally studies the basic rules based on the political organization of a society , with the State Constitution being its fundamental object of study .

The importance of constitutional law is basic, since the Constitution is the maximum legal regulation in which the structures of the State are established, as well as the superior norms and principles that must be adjusted to the other branches of law are instituted.

The actual content of Constitutional Law presents different points of view, some more restrictive, of which this law only includes the principles, norms and values ​​of a fundamental character that serve as a guide for society; the others are for broader perspectives, which, in addition to the above, also include politics, sociology, economics and history.

Essential Principles of Constitutional Law

Modern constitutional law is established by three fundamental pillars. The first is the limitation of power through an equitable distribution, that is, it contrasts with the idea of ​​absolute and unlimited power. On the other hand, the guarantee of freedom and the basic rights of citizens prevails , which must be included by the State and which is the basis that sustains the entire modern legal system. And finally, the Constitution’s priority is above any other ordinary law.

Special, comparative and constituent law

Within constitutional law it is possible to differentiate between the various more specific branches. In this way, the special law is the one in which the constitutional rules are applied in a specific State, for example, the Mexican and the Ecuadorian.

Comparative constitutional law studies the fundamental rules existing in different political regimes in order to establish a comparison between them, either through common characteristics or through the contrasts between them. These comparisons can take into account a certain geographic area, its importance in the world and the category it belongs to , among others.

Finally, general constitutional law aims to study the general rules of the State. Due to the wide variety of existing political regimes, it is difficult to extract significant features that are common to all. An example of this are the great differences that exist between countries with Islamic regimes, African and European countries.

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