Article

The Place Of Constitutional Law in the Legal System

Stephen Gardbaum

in The Oxford Handbook of Comparative Constitutional Law

Published in print May 2012 | ISBN: 9780199578610
Published online November 2012 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199578610.013.0009

Series: Oxford Handbooks in Law

The Place Of Constitutional Law in the Legal System

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  • Comparative Law
  • Constitutional and Administrative Law
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This article begins with discussions of what constitutional law is and general views on the place of constitutional law. It then considers the role of constitutional law versus ordinary law, and the political process that makes and executes it in certain specific and contested areas. In particular, it discusses rights protection and the structure of government; private law and the conduct of private individuals; and entitlements to state protection and socio-economic benefits.

Keywords: constitutional law; ordinary law; political process; rights protection; private law; state protection; socio-economic benefits

Article.  10138 words. 

Subjects: Law ; Comparative Law ; Constitutional and Administrative Law ; Legal System and Practice

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