Judicial Dictionary - C

Judicial Dictionary


Legislative Dictionary


Constitution

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CategoryC
TitleConstitution
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The system or body of fundamental principles according to which a nation, state or body politic is constituted and governed; the action of constituting; composition; to set up; to establish. All rules which directly or indirectly affect the distribution of the sovereign power in the state make up the constitution of the state. [Dicey, An Introduction to the Study of the Law of the Constitution, 10th Ed.]

Kelsen considers the Constitution as the Ground Norm from which the statutes are derived. And the relationship between the two is one of higher-lower norms. [Kelsen’s Pure Theory of Law (1967) Art. 35]

Constitution means the Constitution of the People’s Republic of Bangladesh. [Section 13(a) of the General Clauses Act, 1897]

There is an essential distinction between constitution and Statutes. Comparatively speaking, Constitution is permanent; it is an organic statute; it grows by its own inherent force. [Golak Nath v. State of Punjab AIR 1967 SC 1643: (1967)2 SCJ 486]
Created OnApril 23, 2011, 5:36 AM
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