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The Relationship between Constitutional Law and Other Sciences

Diperbarui: 4 Maret 2024   19:06

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Ilmu Sosbud dan Agama. Sumber ilustrasi: PEXELS

Constitutional law cannot be separated from other fields of science which make the state the object of study. The 3 fields of science related to constitutional law are The General Theory of State, Political Science, and Administrative Law. The following is an explanation of the relationship between constitutional law and other sciences.

1. The Relationship between Constitutional Law and The General Theory of State

According to Moh Kusnardi, The General Theory of State is the basis for understanding constitutional law. The General Theory of State studies various aspects of state administration such as government structures, political systems, and policy-making processes. Constitutional law, on the other hand, regulates structures and processes within the state including the constitution and human rights. The General Theory of State provides theoretical understanding, while constitutional law regulates its implementation in the country's legal system.

2. The Relationship between Constitutional Law and Political Science

The relationship between constitutional law and political science is complementary with different focuses. Constitutional law emphasizes legal and constitutional aspects, while political science studies power, political participation, and the policy process. Political science provides an analytical framework for understanding constitutional law, while constitutional law provides the legal basis for the political systems studied by political science.

3. Relationship between Constitutional Law and Administrative Law

The relationship between constitutional law and administrative law is that both are interrelated in regulating the structure and functions of government. Constitutional law establishes basic principles, including the division of power and the rights of citizens, while administrative law focuses on administrative processes and the implementation of government policies. Constitutional law provides the legal framework for administrative law, which applies these principles to the daily actions of government.

Legal Sources of Constitutional Law

The material legal source of Constitutional Law is Pancasila as the source of all legal sources, views of life and legal ideals. Meanwhile, the formal legal sources of constitutional law are all written and unwritten regulations, such as: (1) the Constitution and Legislation; (2) Jurisprudence; (3) Constitutional Convention; (4) Treaty; (5) Doctrine.

Reference:

Mujiburohman, D. A. (2017). Pengantar Hukum Tata Negara.




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