constitutional and civil rights

CONSTITUTIONAL AND CIVIL RIGHTS

Constitutional law

Constitutional law, it is the study of basic laws of nation states and other political organizations. Constitutions are the framework for government and may limit or define the authority and procedure of political bodies to execute new laws and regulations.

Types of constitution

Not all nation states have codified constitutions, though all such states have a law of the land, that might consist of a variety of imperative and consensual rules. These may include customary law, conventions, statutory law, judge-made law or international rules and norms.

Constitutional laws may often be considered second order rulemaking or rules about making rules to exercise power. It makes the relationships between the judiciary, the legislature and the executive with the bodies under its authority. One of the main work of constitutions is to indicate hierarchies and relationships of power. For example, in a unitary state, the constitution will vest ultimate authority in one central administration and legislature, and judiciary, though there is often an authority to local or municipal authorities. When a constitution establishes a federal state, it will identify the several levels of government coexisting with exclusive or shared areas of jurisdiction over lawmaking, application, and enforcement.

Civil rights

Civil rights refer to two related but different terms. In civil law jurisdictions, a civil right is a right or power which can be exercised under civil law, which includes things such as the ability to contract. In civil law jurisdictions, lawsuits between private parties for things such as breach of contract or a tort are usually expressed in terms of infringement of a civil right. For example, Article 2 of the Contract Law of the People’s Republic of China defines a contract as “an agreement establishing, modifying and terminating the civil rights and obligations between subjects of equal footing”.

In common law jurisdiction, the term civil right is distinguished from “human rights” or “natural rights”. Civil rights are rights that are bestowed by nations on those within their terr boundaries, while natural or human rights are rights that many scholars claim that individuals have by nature of being born

Laws guaranteeing civil rights may be pinned down, or derived from customs and traditions, or implied. In the United States and most continental European countries, civil rights laws are most often written down. Examples of civil rights and liberties include the right to get redress if injured by another, the right to privacy, the right of peaceful protest, the right to a fair investigation and trial if suspected of a crime, and more generally-based constitutional rights such as the right to vote, the right to personal freedom, the right to freedom of movement and the right of equal protection. As civilizations emerged and formalized through written constitutions, some of the more important civil rights were granted to citizens. When those grants were later found inadequate, civil rights movements emerged as the vehicle for claiming an equal protection for all citizens and advocating new laws to restrict the effects of discrimination.

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