Foundational constitutional jurisprudence

From time immemorial jurisprudence is there to show the law its way. It acts as an eye of law or we can say the grammar of law. It seeks to explain what law is and which direction the law needs to grow. It shows the right direction to the law of the land. It always helps to ensure proper functioning and structure of the government. Jurisprudence is mostly developed in western countries like Greece. There the society and state developed simultaneously. It helped the whole world to develop their legal system.

Constitutional jurisprudence is the philosophical part of constitutional theory. Constitution plays an important role in countries progress. We all see that Indian constitution is a mixture of constitution, social contract theories, and jurisprudence of the whole world and laws of other country. Our founding fathers always thought to make it the best constitution. That’s why they tried to adopt best foundations to it too.Because it the foundation that ensure the future growth of the nation.

The Foundational Constitutional Jurisprudence is necessary to ensure proper implementation of laws of the land. It shows how the people and state were connected. It ensures the structure in which the whole legal and executive system works.

It is mainly divided into two parts- Interpretative constitutional jurisprudence and Foundational constitutional jurisprudence.

In this article we will talk about the foundation alone.

 Foundational constitutional jurisprudence

In Foundational constitutional jurisprudence, we discuss abstract normative questions to ideal constitutional structure. As the name suggests, it gives the constitution its foundation.

It answer the questions like-Is a written constitution better or unwritten one? Also it answers about is the British practice vest executive power in head of party that controls legislature is good foundation for our constitution.

Does the constitution guarantees more liberty or not? Does it protect the economic interest of people? Or individuals have right given in principle.

All of these questions are answered by the foundational constitutional jurisprudence.

 The foundation of Indian Constitution

Most of our foundations are adopted from the western jurisprudence. We have written constitution like most of the world and not the unwritten one like Britain.

There is parliamentary form of government which we adopted from Britain. Also, independent judiciary is adopted from there.

Mostly the Foundational constitutional jurisprudence developed in west. We adopted the theory of making people supreme in our country from Rousseau’s Social contract theory.

The parliamentary form of government is responsible to legislature and not the king in India. Also, Universal Adult Franchise adopted from western jurisprudence. In India, acts were enacted on the advice of both houses. This all is possible due to Foundational constitutional jurisprudence.

When partition happened in India, Pakistan became an Islamic state but India chooses its foundation to be secular.

The federal form of government and Article 301 are example of unity in diversity and economic diversity.

‍

Constitutional jurisprudence is the philosophical part of constitutional theory. Constitution plays an important role in countries progress. We all see that Indian constitution is a mixture of constitution, social contract theories, and jurisprudence of the whole world and laws of other country. Our founding fathers always thought to make it the best constitution. That’s why they tried to adopt best foundations to it too.Because it the foundation that ensure the future growth of the nation.

The Foundational Constitutional Jurisprudence is necessary to ensure proper implementation of laws of the land. It shows how the people and state were connected. It ensures the structure in which the whole legal and executive system works.

It is mainly divided into two parts- Interpretative constitutional jurisprudence and Foundational constitutional jurisprudence.

In this article we will talk about the foundation alone.

 Foundational constitutional jurisprudence

In Foundational constitutional jurisprudence, we discuss abstract normative questions to ideal constitutional structure. As the name suggests, it gives the constitution its foundation.

It answer the questions like-Is a written constitution better or unwritten one? Also it answers about is the British practice vest executive power in head of party that controls legislature is good foundation for our constitution.

Does the constitution guarantees more liberty or not? Does it protect the economic interest of people? Or individuals have right given in principle.

All of these questions are answered by the foundational constitutional jurisprudence.

The foundation of Indian Constitution

Most of our foundations are adopted from the western jurisprudence. We have written constitution like most of the world and not the unwritten one like Britain.

There is parliamentary form of government which we adopted from Britain. Also, independent judiciary is adopted from there.

Mostly the Foundational constitutional jurisprudence developed in west. We adopted the theory of making people supreme in our country from Rousseau’s Social contract theory.

The parliamentary form of government is responsible to legislature and not the king in India. Also, Universal Adult Franchise adopted from western jurisprudence. In India, acts were enacted on the advice of both houses. This all is possible due to Foundational constitutional jurisprudence.

When partition happened in India, Pakistan became an Islamic state but India chooses its foundation to be secular.

The federal form of government and Article 301 are example of unity in diversity and economic diversity.

‍