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PRESENTATION TOPIC:

CONSTITUTION, ITS NEEDS & HISTORY

General Questions:Every one would like to have the answers of the following questions:

What is constitution? Why constitution is needed? How constitution is evolved?

CONSTITUTION:CONSTITUTION is a set of principles and rules on which a country is acknowledged to be governed.

CONSTITUTION is a supreme body of laws which regulates the system of Government within a State.

Types of constitution: Written or codified:

Provisions are all contained in a single document.

Unwritten or uncodified:Provisions are contained in different documents that are considered the part of fundamental law of Land.

Cont… Conventional constitution:

created through a constitutional convention__ considered to be able to draft the constitution.

Cumulative constitution:Developed as a part of the history

of the particular Nation.

Cont… Rigid or inelastic constitution:

That can’t be easily amended. However, if itself it provide the amendment only then it could be possible.

Flexible constitution:That can easily be amended or

changed.

Needs for Constitution :Common sense admits it that there is a need for the rules and regulations for the system or affairs of the State to be run. Without these rules; the functions of government can not be carried out smoothly. There would be confusion and anxiety if a particular set of principles is not existing. Following points will help to understand importance of the constitution.

Cont... Adoption of the political, economic and

social system Provides the rules that form the basis

of the system of the Government. Safeguards against the misuse of

power. Ensures the rights of the deprived

section of the society against the dominant.

Cont… Guarantees certain fundamental rights

to the citizens.

Safeguards against the decisions that are detrimental to the larger interest of the country.

History:Hammurabi: Ancient and complete legal codes proclaimed by

Babylonian king Hammurabi, reigned 1750-1792 B.C. Expanded the city-state of Babylon along the Euphrates

river to unite all southern Mesopotamia. Collection of 282 laws and standards Code was proclaimed on finger-shaped black stone

stela, looted by later invaders. Rediscovered in 1901 by French Archaeological team in

present day Iran.

CONSTITUTION OF ISLAM:In Muslim states Laws are not derived from constitution but from;

Allah Almighty, who has revealed them in his book Which are interpreted and explained by the Holy

Prophet Muhammad (P.B.U.H.) through his sayings, conduct and actual practice.

Laws that are not repugnant to the Holy Quran and Sunnah have to be framed under the Authority of constitution and can’t be antagonistic to its command and spirit.

CONSTITUTION OF MEDINA: Based on two agreements between Hazrat

Muhammad (P.B.U.H.) and eight clans of Medina in 622 A.D.

The agreement establishment the Muhajirin on a par with the eight clans of the tribes of Medina.

These nine tribes formulated the first Muslim society.

This agreement also regulated the relationships of the Muslims with the Jews of Medina.

Hajja-tul-wida: Farewell pilgrimage; the culminating point of the prophetic career of

Hazrat Muhammad (P.B.U.H.). In 10th of Hijra, He (P.B.U.H.) decided to perform Hajj, known as Hajja-

tul-wida. The Prophet’s mission, had, by this time, been completed to all

intents and purposes. To a people steeped in ignorance, he gave light and inspired them with belief in Allah, the sole Creator, Master and Sustainer of the Universe. To a disunited mass, engaged in perpetual warfare, he gave unity of thought and action. He had revealed the love of God and His will to mankind and had given it a visible expression by founding a society on the basis of righteousness, piety and God-consciousness, the like of which is not to be found in the whole history of mankind.

In short, Syedna Muhammad had delivered to human race the final Truth with all its necessary implications.

Magna carta: By 1215, thanks to years of unsuccessful foreign

policies and heavy taxation demands, England’s King John was facing down a possible rebellion by the country’s powerful barons.

Under duress, he agreed to a charter of liberties known as the Magna Carta (or Great Charter) that would place him and all of England’s future sovereigns within a rule of law.

Though it was not initially successful, the document was reissued (with alterations) in 1216, 1217 and 1225, and eventually served as the foundation for the English system of common law.

CONT… Later generations of Englishmen would

celebrate the Magna Carta as a symbol of freedom from oppression.

The Founding Fathers of the United States of America, who in 1776 looked to the charter as a historical precedent for asserting their liberty from the English crown.

ANY QUESTION

Thank you