The term of the Constitution comes from the ancient Greek word politeia. In English known as “constitution”, Dutch “contitue”, Latin “constitutio / contituere”, French “contiture”, German “verfassung”. The Constitution is the same as the Constitution and is the highest legal norm usually codified in the form of a written document even though in the form of its formulation is not always documented in written form but adhered to in the practice of state administration.
According to K.C.Wheare, the constitution is the whole state administration system of a country in the form of a set of rules that make up, regulate or govern in a state government. Jimlly Ashidiqie explains that the constitution is an understanding of a set of basic values and norms governing what and how a system of power is instituted and executed to achieve common goals in a state-shaped container.
The Constitution is very important for every nation and state, in the book Corpus Juris Scundum volume 16, the constitution is formulated as follows: “A constitution is the original law by which the system of goverment must be created and for all their power and authority. “The Constitution may also be interpreted as follows:” The Constitution can also be interpreted as follows: “A contest of a social contract joining the citizens of the state and defining the state itself”.
Aristotle distinguishes the constitution by its classi fi cation, the constitutional classification depends on (i) the end pursued by stastes, and (ii) the kind of authority exercised by their goverment. The highest goal of the state is a good life, and this is the common interest of all citizens. Aristotle distinguished between the right constitution and the wrong contitution. This means that if the constitution was created with the aim of realizing common interests then the constitution is true and if the constitution is oppressive then it is the wrong constitution.
Constitutionalism is a notion where the constitution is used as a guide in all activities of social life and statehood. Constitutionalism makes the constitution an axis of social, economic, political and environmental relations. Carl J. Friedrich in his book entitled “Constutional Goverment and Democracy: Theory and Practice in Europe and America (1967)” argues:
“The Constitution is the idea that the government is a collection of activities organized on behalf of the people but subject to some restrictions intended to provide assurance that the necessary powers for the government are not misused by those who are tasked with governing the restrictions imposed in the constitution. “
If you have been arrested for Criminal Acts, now is the time to get accurate information from Oakland Lawyer. As a former Deputy District Attorney and having a Criminal Criminal Attorney, Oakland Lawyer can help you understand and exercise your Constitutional Rights.