Sources of Constitutional Law and Relationship with Other Sciences

THE RELATIONSHIP BETWEEN CONSTITUTIONAL LAW AND OTHER SCIENCES

Constitutional law is the law that adheres to all superior and subordinate legal societies according to their respective levels.

subordinate legal societies according to the level of each of them.

determines the territory of the people and determines the bodies and their functions

and determine the bodies and their functions within the legal community.

1.The relationship between state administration and state science.

The two fields of science, constitutional law and state science have a very close relationship.

very close relationship, where state science provides theoretical foundations to constitutional law, while constitutional law is the concretization of state science theories.

state, while constitutional law is a concretization of the theories of state science.

State science studies the concepts and theories of the state and the nature of the state.

the nature of the state, while constitutional law studies the state in terms of the structure of positive law applicable in a country.

positive law that applies in a country.

2.The relationship between constitutional law and political science.

Constitutional law studies the legal rules that govern the organization of state power. Organization of state power. While political science studies about power in from the aspect of the behavior of power. Every law is compiled and formed by political institutions [legislative institutions], so it can be said that every law is compiled and formed by political institutions [legislative institutions]. So it can be said that every law is the result of a political decision. Political science gives birth to people of constitutional law, while constitutional law formulates the basis of political behavior or power. 

3.the relationship between constitutional law and state administrative law.

 Some say that in a broad sense constitutional law also includes state administrative law. Some say that in a broad sense constitutional law also includes state administrative law. 

Among legal experts there are still differences regarding the relationship between Constitutional Law and State Administrative Law.

4. The relationship between constitutional law and international law.

 Constitutional law regulates the relationship between the state and its citizens and other parties within the territory of the state. While international law, according to C. Perry in his book entitled 'manual of public international law says that international relations are related to the foreign relations of a country with other countries. In principle, the constitutional law system and international law apply at different levels, but an important branch of constitutional law is national law which deals with the government's power to enter into international treaties with other countries that give rise to other international obligations.

According to George Jellineck and Zorm adherents of monism, who are famous for the selbsi-limitation theorie, argue that international law is nothing other than international law governing the external relations of a state. international relations are not a higher power that has binding force beyond the ability of the state.

Thus it is clear that constitutional law and international law have a very needy relationship, where constitutional law has functions that are beneficial to the application of international law, and vice versa, international law also has important functions for the application of constitutional law.

5. The relationship between constitutional law and the national legal system.

The entirety of a law in a country is an order called a legal system. One of the legal systems is the legal system governing constitutionality. Among the rules of law that apply in a country there is a relationship so that a mechanism is formed, a national system which then forms a national legal system. Constitutional law includes laws that regulate the public interest

public law, regulates the legal relationship between the state and its apparatus, and between the state and the wrongs and obligations of its citizens.

SOURCES OF CONSTITUTIONAL LAW

The source of law is everything that gives rise to rules that have a compelling and binding force and if the rules are violated there are strict sanctions.

According to Joeinarto, the source of law has several meanings, as follows:

The source of law in the sense of "origin of law" in the form of a decision of the authority authorized to make the decision, meaning that the decision must come from an official authorized to do so.

Sources of law in the sense of "where" the applicable legal regulations are found, for example laws, customs, treaties, jurisprudence, and doctrine.

Sources of law in the sense of "things that can or influence the authorities in determining the formation of the law. For example: a sense of justice, confidence in the law.

Regarding the source of Constitutional Law, it can be divided into two, namely the source of formal law and the source of material law. Sources of formal law discuss procedures related to how a legal norm is made and determined. 

While the source of material law is more about the content or substance of a legal norm. 

Sources of formal law in Constitutional Law include:

1. Laws and regulations

2. Customary law

3. Treaties between countries or treaties

4. Previous judicial decisions or jurisprudence

5. Opinions of leading jurists or doctrine.