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The Relationship of Constitutional Law With Other Disclipnes and Sources of Constitutional Law

4 Maret 2024   06:48 Diperbarui: 5 Maret 2024   16:57 167
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A. RELATIONSHIP BETWEEN INTERNATIONAL LAW AND OTHER DICIPLINES

Constitutional law is a branch of legal science that studies the state, where the meaning related to constitutional law varies. Mahfud MD defines Constitutional Law as rules of conduct regarding the relationship between individuals and their country. while Jimly Asshidddiqie defines it as a branch of legal science that studies legal principles and norms that are stated in writing or that live in the reality of state practice with regard to:
1. constitution regarding the collective agreement of a community of people regarding the ideals of living together in a country;
2. institutions of state power and their functions;
3. the relationship mechanism between the institutions; And
4. the principle of the relationship between state power institutions and citizens.

the conclusion is that the meaning of constitutional law is a branch of legal science that studies the structure of organs and the state and the relationship between the state and its citizens. Talking about the state, in law there are many branches of legal science that study the state and have a relationship with the scientific branch of Constitutional Law, these relationships are as follows:

Relationship Between Constitutional Law and The General Theory Of State 

The general theory of state is a science that studies the basic meanings and fundamental aspects of the state in general. The general theory of state as introduction for constitutional law .State science studies the state in an abstract and theoretical sense, in contrast to constitutional law which has a practical nature. as an example of carrying out decisions, state science does not look at how the law is implemented because state science is theoretical, different from law. state administration that can be used in practice because of its practical nature.

Relationship Between Constitutional Law and political Science

J.Barent defines that there is a relationship between political science and Constitutional Law, where constitutional law is interpreted as a human framework while political science is interpreted as the flesh that coats that framework. As stated previously, constitutional law regulates state organizations and state institutions, while the understanding of political science is oriented towards the formation and distribution of power. Constitutional law studies the legal regulations that regulate the organization of state power, on the other hand, political science studies the behavior of power. Legal products are political processes or political decisions because they are essentially prepared by political institutions, while constitutional law views laws as legal products formed by state apparatus which is given authority through procedures and procedures established by constitutional law. .

In this regard, the relationship between legal science and political science gave birth to a new field of study, namely legal politics. Legal politics discusses how a law is drafted and passed through a political process, so that laws are not only legal products but also political products, as previously stated, laws are a political product.

Relationship Between Constitutional Law and Administrative Law

According to Van Vollenhoven Administrative law studies all the rules of law that are technical in nature, in the sense that the state is in a state of motion. Where administrative law regulates the implementation of government in carrying out its duties. While constitutional law is fundamental, in the sense that the state is in a fixed state.  Administrative law has similarities with constitutional law in terms of government policy, while in terms of differences, constitutional law refers to the use of the constitution used by the state in terms of regulating government policy. Administrative law also often called Constitutional Law in spesific scope.

B. SOURCE OF CONSTITUTIONAL LAW

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