Significance of the Preamble

Significance of the Preamble

The preamble is a part of the constitution. But it’s not necessarily or operative part of the constitution. And the court cannot enforce it directly. But it has others significances. Some of them given below

       1.       Preamble indicates the moral basis, philosophy and moral philosophy of the constitution.

       2.       Preamble works as a guiding stars of the constitution for whole nation and government take it as a “Pole Star”

       3.       Preamble identifies the legal source or base of the constitution.

       4.       Preamble lays down the most important national goals. Such as Democracy, Socialism, Secularism etc.

   5.     When any operative part of the constitution is ambiguous the preamble can be resorted to clarify that part.

Short note: The concepts of state

Short note: The concepts of state:

State is a community of persons. State vary is shapes, size, culture and forms of government.

Elements of state:

All state process four element people, territory government and sovereignty.

1.       People:

People and population are the inhabitants of the state. Who is vested political power for political purpose. There is no specific number of people required in order that a state is considered as one.

2.       Territory:

Territory is fixed area of surface of the earth where the inhabitants of a state live and where they maintain a government.

3.       Government:

Government is the institution of aggregate of institution by which and independent society makes and carries out those rules of action which are necessary to enable men to live in a social state

4.       Sovereignty:

Sovereignty is referred to as supreme and absolute power by which any state is governed. Sovereignty is capacity to enter into relation with other state. This is often called as independence.

Short note: Judicial review

Short note: Judicial review:

Judicial review means that jurisdiction of the court. In constitutional supremacy court has power to declare any law passed by parliament unconstitutional, void or illegal. Only Supreme Court of the country can exercise that power.

The doctrine of judicial review may for the convenience of research and study in constitutional and administrative law be used in two senses ---

1.       Doctrine of judicial review in the sense of constitutional supremacy or sovereignty.

2.       Doctrine of judicial review in the sense of parliamentary supremacy or sovereignty.

What are the parliament says or passed that is not final. Court will examine because court have review power. This concept comes from America and introduced in case Marbwrry v. Madison case 1803.

Definition of Constitution

A constitution reflected the ritues of the citizen. A modern state cannot be thought without constitution. Constitution has defined by different way.

Definition of Constitution

         1.   Aristotle define a constitution as “The way of life, the state has chosen for it self”

         2.   According to Lord Bryce “Constitution is aggregate of law and custom under which the life of stage goes on”

         3.   According to C.F Strong “A constitution may be said to be a collection of principle according to which power of government, the right of the governed and the relation between two are adjust ”

         4.    K.C  Wheare & Hood Phillips defined constitution as “The term constitution is used to denote all written and unwritten principles regulating the administration of the state ”

So constitution is a body of rules written or unwritten which determine the organization of the state and relation between the government and governed.

Mancipatio

Mancipatio:

The earliestform of conveyance or transfer of res mancipi at rome, which was confined to roman citizen. The process of conveyance was follows:-

1.     Before five citizen above the age of puberty and a libripens(another citizen to hold a balance).

2.     The alienee holding a piece of bronze.

3.     Touched either the object or a representative part of it and said “I declare that this slave or thing is mine ex jure quiritium, and left it be bought for me with this piece of bronze and balance of bronze”

4.     After the declaration the stroke the balance with the piece of bronze, and give it, as if it was the price to be paid to the mancipator or seller.

This formal transaction was called per aes et libram. mancipatio was not only applicable to the ceremonies of adoption, emancipation, marriage and testament. Mancipatio disappeared under law of Justinian.