Why constitution is a legal and political Document ….?
संविधान किन कानुनी र राजनीतिक दस्तावेज हो….?
The constitution is the political document that establishes the relationship between the people and the government.
The word constitution is derived from Latin words “constituter” which means ‘to establish’ Thus, constitution is established or written Document. constitution is the base of State political system. It determines where to vest the Sovereign power of a Nation.
C.F strong का अनुसार “संविधान” सिद्धानतै सिद्धांत जम्मा गरिएको कानुनी लिखत हो भने परिभाषित गरेका छन।
According to Herman Finer “constitution” is a system of fundamentals political institutions.
Hence, the main matter here is to justify that the Constitution is a legal and political document. Therefore, the logic behind considering the constitution as a legal and political document is as follows:
1. #Constitutionasapoliticaldocument:
(A). The constitution is made based on the political situation of the country.
(B) The constitution is made by the legislature (parliament). Where there are election representative members from political parties.
(C) Sovereignty is constructed through exercise of governmental authority. The right that only political parties get in democracy.
(D) Clarifies the policies and guiding principles of the state.
(E) The basic policy of the state is political, so it is made accordingly. Therefore, the constitution guides political, administrative, economic and other aspects.
(F). It declares the jurisdiction and role of executive, legislative & judiciary. It defines Sovereign power of Nation and people. Etc.
2. #ConstitutionasaLegalDocument:
(a). The constitution has clarified the way to get legitimacy for government work.
(b). If the government acts outside the constitution, the independent judiciary will be abolished and if it works according to the constitution, it will be given legitimacy.
(c). Constitution is considered as the cornerstone of justice, equality and freedom.
(D). It divides the power legally by creating the organs of the state.
(E). It draws the blueprint of state operation.
(F) Rejects autocracy by establishing Rules of Law.
(G) Establishes good governance and abuses power et
#Case_Laws:
The Supreme Court of Nepal has established a precedent in the case of “Raviraj Bhandari V.s Honorable prime minister’s Manmohan Adhikari” that the Constitution is a legal and political document.यसले कानुनी र राजनैतिक दुवै वस्तुलाई समेट्ने गर्दछ भने अर्थ लगाएको छ।
#ConstitutionalProvisionsRegardingConstitutionasapoliticalandlegaldocuments:
1. Preamble of constitution of Nepal 2072,:
• To build a prosperous nation by being committed to socialism based on democratic values and beliefs, including the concept of a competitive multi-party democratic governance system, civil liberties, fundamental rights, human rights, child suffrage, periodic elections, full freedom of the press and an independent, fair and competent judiciary and the concept of a legal state.
2. Constitution of Nepal Article (1) Constitution is fundamental Law of Nation, Adopting rules of Law
3. In Article (2), the sovereignty and state power of Nepal is vested in the Nepalese people.
4. Articles (46) Constitutional Remedies In case of violation of the constitution, the right to constitutional remedies will be given as written in Article 133 or 144.
5. Part (4), Directive Principles, Policies and Responsibilities of the State
6. Article (76), the government form of Nepal will be a multi-party competitive federal democratic republic parliamentary system of governance based on pluralism. etc.
#Conclusion:
The constitution such a Document having a legal and political Sanctity,which sets out framework and the principles functions of the organs of the government of the state and its declared the principles governing the operation of those organs.it is attempt to define the relationship between the Government and governed.
Thank you
Admin of NEB Law Students of Nepal
Gopal prasad 💜
