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UNIT 14Date: 2015-10-07; view: 457. Unit 14. Enjoy Your Stay.
CONSTITUTIONAL LAW Constitutional law is a branch of civil law which is « concerned essentially with the individual and his relationship to the government of the state. As well as examining the various organs in the system of government from a legal standpoint, this field of law is especially concerned to define exactly where the individual stands in terms of the liberties of the subject. In a sense this is the most vital factor in all law, because however excellent and effective the law of contract or criminal law in a state may be, unless the subject has clearly defined rights to protect him against arbitrary treatment on the part of government agencies and the law enforcement bodies, then his freedom is seriously curtailed and can be even illusory. Constitutional law is largely concerned with the existing organs of government, seeking to explain where these various bodies come from and whence they derive their legal powers. Consequently it deals with such topics as the monarch and the royal prerogative, the functions of and the relationship between the I louse of Commons and the House of Lords; the role of the executive in the form of the Prime Minister and the Government; the structure of local government and the powers given to it; the status of the armed forces and the police; and the position of the courts and the judiciary in the constitution. Once these topics have been considered it becomes easier to appreciate the rights and duties of the citizen in the state. It is then possible to set out how far the individual enjoys freedom of the person and the right to own property, freedom of speech and the right to hold and take part in public meetings, all of which matters are included in the general term the liberties of the subject. An additional subject of growing importance is the law relating to citizenship, with particular reference to immigration.
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