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| Posted By: Amanda Andrew Posted On: Sep 21, 2021 Views: 276 | 5 points to distinguish constituent power from con If you are studying law, you should clearly understand the difference between constituent power and constitutional power. There are 5 basic points that will help you distinguish them from each other: 1. First there is the constituent power and then there is the constitutional power Given that constituent power is the ability of the people to give themselves political-legal organization and to make decisions at any time, just as in time to write to couples mcessay.com constituent power arises from the will of constituent power to give the collective political organization and establish the foundations of the legal system. Thus, these constituent powers derive from and are governed by the constituent power. 2. The constitution and the powers of the state In practice, this means that the constituent power is the organic system responsible for the constitution of the state, more on this in https://mcessay.com/do-my-hom ework/, and the powers formed by this constituent power are what we know as the powers of the state, namely the executive power, the legislative power and the state power: the executive power, the legislative power and the judicial power. Thus, the constituent power is charged with the mission of creating the state, recognizing human rights and their guarantees, and establishing the powers of the state. 3. The constituent power is unlimited The power that the constituent power can exercise is considered unlimited insofar as the sovereignty of the people is also unlimited. Constitutional power, on the other hand, has limitations which are set by the constituent power itself, the Constitution being the framework which regulates and approves the actions of the powers of the state. The framework of competence of each of them, as well as their powers, is defined by the constitutional mandate and can be changed at any time by the decision of the state. 4. The constituted power is permanent While constituent power is considered transient because it arises, creates constitutional order, and dies, constitutional power is permanent because it is permanent, at least for the duration of the Constitution. 5. Legitimacy vs. legitimacy Democratic legitimacy is the basis on which constituent power is based, more on this at https://mcessay.com/chemistry-homework-help/ in the sense that it comes directly from the people and is the primary source of political and legal legitimacy for the state. Constitutional authority, for its part, is based on the legitimacy established by the Constitution, which governs the very rules and laws that state authorities create and enact. And some useful resources for you: How to Become a Creative Person: 10 Amazing Steps How to Become a Mobile App Developer (and other areas of programming!) How to Become a Programmer without Studying Math? How to become an entrepreneur: Tips for University Students |