Why constitution is called fundamental law of the land?
Fundamental law of the land means main law or supreme law of the country and all other all must be consistent with that and must be made according to that law. Fundamental law means that no person, authority and any laws are higher in position than constitution Main law of any country is the constitution of that country that's why constitution is called fundamental law of the land.
Constitution is the primary source of law. It is called fundamental law of the land because all all law must be constituent with it otherwise declared void. Others law derived their validity and legitimacy from the constitution.
Constitution is also called mother of all law because all law must have been made according to 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 constitution.
Constitution of Nepal has declared constitution as 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 of any law is made but 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 guarantee the fundamental rights of people so it is also called 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 limits the government power towards its citizens. So citizens are safe from governmental unnecessary interferences and theirs fundamental rights like right to freedom, justice and dignity is protected by the constitution from being violated by the government.
If the government violates then people can go supreme court for remedies. This prevents government from violating fundamental rights.
Legislation is the supreme law making body and no others authorities can question about laws made by legislature. It has full power of law making and it can cancel old law, modify current law and make new law.
But legislature also cannot make law beyond the provision of the constitution and if legislature makes law but not meets the procedures of law making described by the constitution then that law does not get validity and court can declare that law void through judicial review.
Therefore, legislature being the supreme power of the nation but legislature must also follow the process and provision of constitution to make a law.
Similarly, supreme court has 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 state are defined by constitution. The structure of government system like what type of government should be applied in the country and how the people of the country is governed is also determined by the constitution. Constitution determines the power, function and duties of government.
The government can only use those powers given by constitution and government cannot use the power which is not provided by the constitution. As the government being greatest power in the country also cannot do anything inconsistent with the Constitution otherwise the act of government is considered unconstitutional. So that constitution is the fundamental law of the land.
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