Constitutional Theory in law

constitution lawAlong with the State’s theory of law, the constitution is based on the historical flashback has been around since ancient Greece. It is based on the theory of state law when it was developed by Plato and Aristotle, teacher and pupil, dubbed as The Philosopher. Plato, for example, the Republic argues that it is possible to realize the ideal state to achieve the good of the cored goodness. For that power should be held by people who know the good, ie a philosopher (The Philosopher King). The Philosopher King is required to teach and promote policies that will ensure the implementation of good governance and justice.

In his book, The Statesman and The Law, Plato expressed his views on the rule of law. According to him, the government is able to prevent the deterioration of one’s power is rule by law. In The Law, the law is logismos or reasoned thought (mind that makes sense) that is formulated in the state decision.

Plato rejects the view and the notion that legal authority rests solely on the whim and will of the governing power (the parties assumed power). State goal is to achieve the good life (the best life possible) that can be achieved with the rule of law. Law is a form of collective wisdom citizens (collective wisdom), so the role of the citizens is required in its formation.

Departing from such thinking, Aristotle argues that a good state is a state governed by the constitution. According to him, there are three elements of constitutional government:

First, the government carried out in the public interest.

Second, carried out according to the rule of law based on general provisions, the law is not made arbitrarily override the convention and the constitution;

Third, constitutional government means government conducted on will of the people, not the form of coercion and pressure. Resistance to absolutism that gave birth to the kings who have the absolute power in the Middle Ages, eventually lead to the emergence of the idea of state law.

The Constitution besides to be understood as a term to describe the whole system of government of a country, as well as meaning a collection of rules that establish and regulate or determine the state governments concern.

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