'ADALAH
Vol 7, No 6 (2023)

Constitutional Philosophy: The Basic Foundation of the Legal State

Yunus, Nur Rohim (Unknown)



Article Info

Publish Date
05 May 2023

Abstract

This essay examines the role of the constitution as a fundamental element in forming a democratic and just state based on law. In the philosophical dimension, the constitution is seen not only as a legal document but also as a reflection of fundamental values that reflect the identity of a nation, such as justice, freedom, and respect for human rights. This essay explains that a state based on law prioritises the supremacy of law, where all government actions must be based on the law, not the power of specific individuals or groups. According to legal philosophy, an ideal constitution must regulate the separation of powers, checks and balances mechanisms, and protection of citizens' rights. This essay also discusses the challenges that arise if a country does not have a strong constitution, which has the potential to cause legal uncertainty and political instability, and provides recommendations for strengthening the constitution in building a just state based on law.

Copyrights © 2023






Journal Info

Abbrev

adalah

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

ADALAH is “one of the ten most influential law journals in the world, based on research influence and impact factors,” in the Journal Citation Reports. ADALAH also publishes student-written work.Adalah publishes pieces on recent developments in law and reviews of new books in the field. Past ...