Constitutional law’ is the law that provides the framework of the state and establishes the

state’s principal institutions, e.g. Parliament, the government, the courts, and devolved
legislatures and executives.
 Without constitutional law, it is difficult to see how we could have administrative
law.
 Constitutional law must come first, so that there is a legitimate state-and this
assumes that there is a state that is recognised by the people.

In most instances, the state will include legislative, executive, and judicial organs that are
imbued with power. Thereafter, they are involved in making the law, implementing the law,
and enforcing the law, so that the state functions. But where does the power to establish
the state come from, so that we may make constitutional law to establish it?

The rule of law

All are subject to law regardless of their status; in other words, no one is beyond the reach
of the law even if he or she is a state official. We all owe a duty to respect the law, both
individuals and the state. The rule of law also covers a second concept, which is that the
state should not exercise its power in an arbitrary fashion. This means that a public body
should be consistent in its exercise of power and should not use any discretion unfairly to
favour one individual or group of individuals over another.

The separation of powers

There is some form of division between the three main powers of the state to ensure that a
form of dictatorship cannot become established and abuse the power entrusted to the state
by the people. Leaders with absolute power are considered to be more at risk of abusing
their power than are leaders who are checked or limited by other branches of the state as
they exercise public power. The independence of the judiciary is seen as particularly
important to safeguard citizen’s rights and to ensure limited government.

We live in a representative democracy

Our elected officials represent our views (and if you choose not to vote, then you choose to
hand over your power to decide on your representatives to everyone else). Our elected
representatives in Parliament—that is, members of Parliament (MPs)—determine the law
that is passed, and the executive develops policy so that it may implement its political
agenda. In turn, MPs and appointed peers call the executive to account for its actions.

Parliamentary Supremacy
Because the law is supreme and Parliament is the supreme law-making body, then the
Parliament is supreme and may change or make any law that it so wishes. (Parliament
should not be confused with the government, which is subject to Parliament and to the
courts.)
Countries that operate a pure system of legislative parliamentary supremacy do not have a
written constitution of higher constitutional importance against which primary legislation
can be compared to review whether the primary legislation is constitutional and valid, or
unconstitutional and invalid or void.
Such countries, including the UK, do not have an entrenched bill of rights that can be
asserted against Parliament. In other words, human rights may be restricted by Parliament
and the courts cannot prevent Parliament from doing this, because Parliament is
legislatively supreme.
This is in contrast to countries with written constitutions, which restrict the legislature’s
power to enact law by delineating particular legal rights as ‘constitutional’ and therefore
susceptible to amendment only if the constitution itself is amended. This is known as
‘constitutional supremacy’ rather than parliamentary supremacy. In states that operate a
system of constitutional supremacy, it is usually for the courts to determine whether
legislation is valid or invalid as compared against the constitution.

Limited and responsible government

This is coupled with accountability to our representatives (parliamentarians) and to the
electorate. This is one of the key mechanisms that limits the state’s opportunity to abuse its
power. uncodified British constitution is heavily reliant on political mechanisms to limit and
restrain the government’s exercise of power, and to call it to account for its actions.
Constitutional conventions—non-legal rules that seek to limit the legal power conferred on
the executive—are of particular importance. In addition, we shall consider the role of
Parliament in calling the government to account for its exercise of power, as well as the role
of the Parliamentary Commissioner for Administration (PCA).

The judicial review of executive action by the courts

This is used to ensure that the executive’s use of power is legal, rational (and proportionate
in the case of human rights issues), procedurally proper, and conforms to the requirements
of natural justice (and does not breach the terms of the Human Rights Act 1998).
Parliament is legislatively supreme, but it is important not to confuse this with the
requirement that the executive must act within its power, either as provided by statute or
by royal prerogative. The courts may review the executive’s exercise of power via a
mechanism known as ‘judicial review’.

Summary of key principles

Rule of law, which means that the state is founded on the assumption that the law will be
respected and that any individual or official may be brought before the court if there is
evidence that he or she has broken the law.
The separation of powers means that the organs of the state are sufficiently separate so
that the power of the state is not abused to the detriment of citizens.
Representative democracy indicates that parliamentarians have the power to make the law
and to scrutinise the workings of government, because the electorate has elected MPs to
perform these functions on our behalf (as its representatives).
Parliamentary Supremacy means that Parliament has the supreme power to make, amend,
and repeal laws on our behalf.
Limited and responsible government means that the executive must obey the law and may
be judicially reviewed and held to account by the courts if it is believed that the executive
has acted illegally, irrationally, or procedurally improperly, has broken the rules of natural
justice.
1. The scope of constitutional law
a) The scope of constitutional law is broad because it encompasses all aspects of the
relationship between the government and its citizens. It is ever-evolving because
new social and political challenges emerge all the time, and constitutional law must
adapt to address them.

b) For example, the development of new technologies, such as social media and
artificial intelligence, has raised new questions about the scope of constitutional
rights, such as the right to privacy and the right to freedom of expression.

c) The scope of constitutional law is also different in different countries. This is because
each country has its own unique history, culture, and political system. However, there
are some core principles of constitutional law that are common to most countries,
such as the rule of law, the separation of powers, and the protection of fundamental
rights.

the scope of constitutional law includes the following

a) The structure of government: This includes the relationships between the

different branches of government (legislative, executive, and judicial), as well as
the relationships between the central government and regional or local
governments.
b) The Separation of power: This includes the powers that are allocated to different
government bodies, as well as the limits on those powers.
c) The protection of fundamental rights: This includes the rights that are enshrined
in the constitution, such as the right to life, liberty, and security of the person;
the right to freedom of expression; and the right to equality.

(b) Constitutions
(c) Characteristics and functions of a constitution
(d) Entrenchment

unicameral A legislative system that involves only one chamber, such as the Scottish
Parliament, the National Assembly of Wales, and the Northern Ireland Assembly.

What is a constitution?
Set of laws and other sources or principles that explains the way in which the
state is established, and which provides a degree of legitimacy to the state and its
institutions.
Constitutionalism
(a) Introduction to constitutionalism
(b) Constitutional supremacy
(c) Parliamentary supremacy
(d) Islamic constitutionalism

Constitutional Principles
(a) Significance of constitutional principles
(b) Separation of powers
(c) Rule of law

Institutions of Government
(a)Parliament
(b)Executive
(c)Legislature

Parliament & Democracy

Representative democracy
Right to self determination

Constitutional role of the Judiciary

Rules of interpretation
Checking constitutionality of legislation and government actions

Human rights protection

(a) Concept of human rights in international context
(b) Human rights protection in the Maldives
Categories of rights enshrined in the Constitution

Fundamental rights
Rule of law
Islamic constitutionalism
Parliamentary supremacy and Constitutional supremacy
Functions of the Constitution
Judicial Review in context of Fundamental Rights