Why constitution is called the fundamental law of the land?
Fundamental law of the land means the main law of the country that is supreme over all other laws of the country and all other laws must be consistent with it and must be made according to that law. Fundamental law means that no person, authority any law is higher in position than the constitution Main law of any country is the constitution of that country that's why the constitution is called the fundamental law of the land.
The Constitution is the primary source of law. It is called the fundamental law of the land because all laws must be constituent with it otherwise declared void. Other laws derived their validity and legitimacy from the Constitution.
The Constitution is also called the mother of all law because all laws must have been made according to the Constitution and if they are not made as per provisions set in the Constitution then those laws are not recognized as law. Therefore those laws must be under the provision of the constitution.
Constitution of Nepal has declared the constitution as the fundamental law of the land. According to Article 1(1), this Constitution is the fundamental law of the land and any law inconsistent with the Constitution shall, to the extent of such inconsistency, be void.
It means if any law is made but does not meet the constitutional norms and values then that law may be declared void. So law must be made according to the constitutional provisions.
Constitution guarantees the fundamental rights of people so it is also called the fundamental law of the land. Fundamental rights are basic rights and it is necessary conditions for the welfare and proper development of human beings.
Fundamental rights limit the government's power toward its citizens. So citizens are safe from governmental unnecessary interferences and their fundamental rights like the right to freedom, justice, and dignity are protected by the constitution from being violated by the government.
If the government violates then people can go Supreme Court for remedies. This prevents the government from violating fundamental rights.
Legislation is the supreme law-making body and no other authorities can question laws made by the legislature. It has full power of law-making and it can cancel old laws, modify current laws, and make new laws.
But the legislature also cannot make law beyond the provision of the constitution and if the legislature makes law but does not meet the procedures of law-making described by the constitution then that law does not get validity and the court can declare that law void through judicial review.
Therefore, the legislature is the supreme power of the nation but the legislature must also follow the process and provision of the constitution to make a law.
Similarly, the Supreme Court has the power of judicial review, and the power of judicial review has been given to the Supreme Court by the Constitution.
The power, duties, and functions of government and directive principles of the state are defined by the constitution. The structure of the government system like what type of government should be applied in the country and how the people of the country are governed is also determined by the constitution. The Constitution determines the power, function, and duties of government.
The government can only use those powers given by the Constitution and the government cannot use the power that is not provided by the Constitution. The government being the greatest power in the country also cannot do anything inconsistent with the Constitution otherwise the act of government is considered unconstitutional. So the Constitution is the fundamental law of the land.
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