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Monday, November 12, 2012

Features and Characteristics of the Constitutional supremacy.


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.

3 comments:

  1. this 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.

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    Replies
    1. Hey,
      I 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?

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