Constitutional supremacy:
The
term Constitutional supremacy means that, the constitution is supreme over the
parliament. And parliament can exercise its function being only within bounds
of the constitution. Constitutional supremacy is only possible where the
constitution is written and rigid.
Features and Characteristic of
the Constitutional supremacy:
Some
intrinsic features of constitutional supremacy are given below.
1.
The condition
of the constitutional supremacy is that, the constitution must be written.
2.
The
constitution must be rigid and maintain procedure.
3.
In
constitutional supremacy, there has distinction between constitutional law and
ordinary law.
4.
Parliament is
created by the constitution itself.
5.
Parliament can
exercise its function being only within the bounds of the constitution.
6.
In
constitutional supremacy, there has judicial review.
7.
If any
contradiction between constitutional law and ordinary law of the republic, the
constitution shall get prevail and get priority.
Example Countries: Constitutional supremacy has found all democratic country. Such as Bangladesh, India, Pakistan or USA etc.
thanks
ReplyDeletethis is poor factually - United states does not have constitutional supremacy, rather view the constitution of the Republic of South Africa. furthermore the constitution does not have to be completely rigid - it can have amendment sections. stop miss leading people.
ReplyDeleteHey,
DeleteI think u r having wrong knowledge. In Constitutional supremacy, Constitution must be rigid(this is the theory). Now if you make it flexible and if u can amend the constitution frequently by the Parliament, then do u think the constitution is supreme?
Am to write a school project on supremacy of the constitution please i need some guildlines
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