NATIONAL CONSTITUTION

Lecturer: Nursamsani, S.S.,M.Hum

International Class of Civic Education

Nursamsani, S.S., M.Hum

STATE CONSTITUTION

International Class of Civic Education

2. Introduction Exploring Historical, Sociological, and Political Perspectives on Constitution

3. The Definitions

4. The Concept Constituation

5. The Functions of a Constitution

6. The Contents of Constitution

1. Introduction

Submaterials

legal rules, usually embodied in a single document. But the distinction is not really between written and unwritten constitutions. In the rest of the world, constitutional devices do play a part in shaping the governmental process. These devices, moreover, reflect political and legal ideas (F.F. Ridley, 1966).

The Concept of Constitution:

The state, as an institution, is created and defined by its constitution. To approach the distinguished authority on constitution, we use the term to describe the whole system of government of a country, the collection of rules, written and unwritten, which regulate the government. The word constitution is used in a narrower sense. It refers not to a system, now even to the whole collection of rules, legal and non-legal, but to a selection of

The Constitution is a set of rules or laws instrument which regulate about how to manage, to control, to execute the state government. In other words, the constitution is a very fundamental and supreme rule or law that is made to manage a sovereign state.

Lord James Bryce: ...a constitution as a frame of political society, organized through and by law, that is to say, one which in law has established permanent institutions with recognized function and definite rights (CF Strong, 1960).

So, What is Constitution?

Aristoteles: Constitution variously as a community of interests that the citizen of a state have in common, as the common way of living, that a state has chosen, and as in fact the government (Djahiri, 1971).

The Constitution functions:

1. to limit and to control the power of the ruler in order to save the citizens from tyrannical or arbitrary power;
2. to provide a legal groundwork for the social change that is expected in the future;
3. as a principle and supreme state administration in accordance with the certain state-regulation system that is upheld by all citizens;
4. and to assure the fundemental rights of its citizens.

The Funtions of a Constitution (1)

The Constitutions can declare and define the boundaries of the political community, declare and define the nature and authority of the political community, express the identity and values of a national community, declare and define the rights and duties of citizens, establish and regulate the political institutions of the community— defining the various institutions of government; prescribing their composition, powers and functions; and regulating the relations between them, divide or share power between different layers of government or sub-state communities, declare the official religious identity of the state and demarcate relationships between sacred and secular authorities, and commit states to particular social, economic or developmental goals (International IDEA, 2014).

The Funtions of a Constitution (2)

Absolutism and Centralized State and Monarchy "Power Tends to Corrupt, and absolute Power Corrupt absolutely." The Constitutionalism

Humans on the "status naturalists" are literally wolves. Adagium Homo Homini Lupus (Man is a wolf to his fellow) - the strong defeat the weak.Factum Unionis Covenant

The Historical, Sociological, and Political Background of Constitution

The Example of Indonesisan Constitution

1. A state should be in tree general structure, such as executive power, legislative powers, and judicial powers.
2. The relationship between the tree rulers.
3. The relationship between these powers and the people or its citizens.

K.C. Wheare asserted that in a unitary state basically requires its constitution to follow three main issues (Soemantri, 1987), such as:

1. The guarantee of the fundamental rights of citizens;
2. The establishment of a fundamental state order;
3. The division and the limitation of state ruling insitutions which are also crucial.

The Contents of Constitution

J. G. Steenbeek suggested that a constitution at least contain the following substances below (Soemantri, 1987):

Thanks for your attention