Lessons 1–2 · 2 lessons · G. M. Tansikbayeva, V. A. Kostetskiy. Konstitutsiyaviy huquq asoslari (Basics of constitutional law), Grade 9, general editor A. X. Saidov, revised and expanded 8th edition. “Sharq” publishing house, Tashkent, 2019
2
Constitutional law
Textbook: pp. 5–11
GoalDistinguish the Constitution from constitutional law and know constitutional law’s place among the branches of law and the order of legal acts.
New words
law (system of rules) · huquqconstitutional law · konstitutsiyaviy huquqbranch of law · huquq tarmog‘inormative legal act · normativ-huquqiy hujjat
Explanation
The word “constitution” comes from Latin constitutio, “establishing, structure”. Law is a system of rules of conduct set by the state, binding on everyone and protected by the state’s power of compulsion. Among the branches of law (civil, labour, family, criminal, administrative and others) constitutional law holds the leading place because all other branches rest on its foundations. The Constitution is the main source of constitutional law, but the sources of this branch also include other acts such as the Electoral Code and the law on courts. The order of acts: the Constitution at the top, then laws, decrees and resolutions of the President, resolutions of the Cabinet of Ministers, then acts of ministries and local bodies. A lower act cannot contradict a higher one.
Worked examples
Civil law regulates property and contracts, labour law regulates employment; both rely on the rights to property and labour set out in the Constitution.
If an instruction issued by a ministry contradicts a law, the law prevails because a law ranks above an instruction in legal force.
Class activity
“Pyramid”: the class draws a pyramid of acts on the board. Groups get cards (Constitution, law, presidential decree, mayor’s decision, ministry order) and place each on the correct level.
Practice
1
What is the difference between the Constitution and constitutional law?
The Constitution is the fundamental law, a specific document; constitutional law is a branch of law whose main source is the Constitution but which includes other acts too.
2
Name five branches of law.
For example: constitutional, civil, labour, family, criminal, administrative, financial, environmental, land law.
3
Arrange by decreasing legal force: a mayor’s decision, the Constitution, a law, a presidential decree.
The Constitution, a law, a presidential decree, a mayor’s decision.
4
Why is constitutional law considered the leading branch of law?
Because its source is the Constitution, which has supreme legal force; the norms of other branches derive from it and cannot contradict it.