Friday, November 1, 2019
The standard constitution in international law Research Proposal
The standard constitution in international law - Research Proposal Example (thesis). Generally, every nation has constitutional law which can be of primary and secondary nature. As per HG ( 2014) ââ¬Å"Constitutional law deals with the fundamental principles by which the government exercises its authorityâ⬠. The primary law need to apply to all of the countryââ¬â¢s constitution whereas the secondary constitutional law may or may not be applied by a nation. The constitutional law has an aim of improving the lifeââ¬â¢s of its citizen by promoting freedom and equality. The allocation o f power and individual rights for the betterment of a nation is the purpose of constitutional law. This would allow the country to be more economic and trade friendly, fair and justifiable. According to Balkin (1998) ââ¬Å"Alternatively, the history of constitutional law is taught as the history of great jurists who show the rest of us the way through their wisdom or their follyâ⬠. A correct constitutional theory can get the best out of the constitutional law which gives more outcomes and reflect an ideal national value. The theory of constitutional law has a goal of satisfy the requirement of law, preserving fairness and democracy and promote justice. One of the theory of constitution law is originals where original understanding in regard to the language used in the formulation of constitutional law. As per Fish (2008) ââ¬Å"Seeking the best interpretation of the Constitution, on the other hand, is seeking the interpretation that satisfies some extra-authorial standard which are morally and philosophically bestâ⬠. Positivism is a theory that means that the constitutional law of a country need to look at the values and rights it promotes. The prosperity and integrity of the public needs to be considered at large when it comes to the constitution of international law. As per (Hart) ââ¬Å"One of these thinkers, Gustav Rad- bruch, had himself shared the
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