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The Relationship of Constitutional Law with Other Sciences and Legal Source of Constitutional Law

4 Maret 2024   19:40 Diperbarui: 4 Maret 2024   19:41 72
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Constitutional law refers to the law that regulates all strata of society from top to bottom, including the determination of territory as well as bodies and their functions in that society.

 A. The Relationship between Constitutional Law and Other Sciences
1. The relationship between constitutional law and state science. In this context, the two complement and support each other, with state science providing the conceptual and theoretical basis for the development of constitutional law, while constitutional law applies the principles found in state science to the concrete legal framework of a country.

2. The relationship between constitutional law and political science. The relationship between constitutional law and political science is a close interaction between the state's legal structure and political dynamics. Constitutional law regulates the rules governing the organization of state power, while political science is concerned with how power is exercised in political practice. Although the focus of the studies is different, both complement each other in understanding how the state is governed and power is exercised.

3. The relationship between constitutional law and state administrative law. The relationship between constitutional law and state administrative law is the interaction that occurs between the legal framework that regulates the structure and function of the state and the regulations that regulate the method of government administration and the implementation of public policies. In essence, both work together to regulate how government operates and public policy is implemented, as well as ensuring that all administrative actions comply with legal principles and that citizens' rights are protected.

4. The relationship between constitutional law and international law. The relationship between constitutional law and international law involves the interaction between the legal structure that regulates the organization and function of the state in the context of national law and the regulations that regulate relations between states at the international level. In essence, the two work together to regulate how countries interact with each other and ensure that national laws do not conflict with established international obligations. Apart from that, constitutional law also regulates the relationship between the state and its citizens and other parties within the state's territory, while international law is related to the foreign relations of a country with other countries. Although they apply at different levels, they influence each other.

5. The relationship between constitutional law and national law. The relationship between constitutional law and the national legal system is very close and mutually influential. Constitutional law is an integral part of a country's legal framework which regulates the structure, function and interaction between government institutions. It includes the constitution, basic regulations, as well as the principles that govern how state power is organized and how the state interacts with its citizens. Thus, constitutional law plays an important role in forming and implementing law at the national level, as well as ensuring the protection of the rights and obligations of citizens.

6. The relationship between constitutional law and legal sociology. The relationship between constitutional law and legal sociology involves an understanding of how the law and institutional structures of the state influence and are influenced by society and social dynamics. In this case, constitutional law is an important subject of study because it establishes the legal framework that regulates the government structure and state authority. Sociology of law considers how social factors, such as culture, values, and political interests, influence the formation of constitutional law as well as how these laws affect society as a whole.

B. Sources of Constitutional Law
Quoting from Prof. Dr. Jimly Asshiddiqie, S.H. in his book 'Introduction to the Science of Constitutional Law' that there are 7 (seven) sources of constitutional law, namely;
1. Constitution: A country's constitution is the main source of constitutional law which regulates the structure of government, the rights and obligations of citizens, as well as the basic principles of the state.
2. Laws: Regulations made by the legislative body are also an important source in the state administration system. It covers various aspects such as citizens' rights, government structure, distribution of powers, etc.
3. Court Decisions: Decisions from judicial institutions, especially from high institutions such as the constitutional court, have an important influence in interpreting the constitution and laws and confirming the principles of constitutional law.
4. Historical and Philosophical Documents: Manuscripts such as ancient charters, historical records, and the writings of political philosophers can also be important sources for understanding the history and basic principles of statecraft of a country.
5. Legal Doctrine: The views and interpretations of constitutional law experts in the form of books, articles or other scientific works are also considered as legal sources that provide a deeper understanding of constitutional principles.
6. Constitutional Customs: Customs that develop in the practice of a country's government over time can also become a source of constitutional law.
7. International Law: constitutional law looks at the state from its internal perspective, while international law looks at the state from its external relations with other state subjects.

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