Scientific discussion of the constitution’s position in a democratic country is often a common concern and continues to grow. This is based on the central role of the constitution in the life of the nation and state. Therefore, to enrich scientific discussions about the constitution, the Constitutional Law Section of the Faculty of Law, 51¶¯Âþ, again held a Guest Lecture on Thursday, October 27, 2022. by presenting Dr. Sascha Hardt, LL.M, as Assistant Professor of (Comparative) Constitutional Law from Maastricht University, The Netherlands.
On that occasion, he explained that the constitution has a strange position in a legal system. “They’re (constitution) at the very top of the pyramid, so they are the pinnacle of laws,” he explained. According to him, the legal system in a country can be described as a pyramid. The constitution’s position is undoubtedly at the peak of the highest end that underlies the formation of other legal rules. The legal system is certainly accepted by many people and is binding so that it has legal authority. However, the constitution is not always interpreted as a legal document in the legal system. “They (the constitution) also have a connection to the social world, the society of people in which the constitution operates,” he explained. This condition is seen in forming a constitution which usually acts as a bridge between the social and legal dimensions.
He understands that the constitution provides a general description of the fundamental values ‹‹in a state’s life. This fundamental value can be divided into at least three categories: definition, attribution, and regulation. The value of the definition at least gives meaning to a country, such as in terms of its territory, sovereignty, and state institutions. The attribution value at least gives authority to the formed state institution. The value of regulation provides relations and hierarchies between state institutions. In addition, the constitution usually also contains symbols of a country, such as symbols, flags, national anthems, and others.
However, the formation of the constitution itself does not have a particular standard format. Even the constitution itself does not have to be formed in a written format or codified in one book. “So constitutions do not necessarily have to be original, or they do not necessarily have to be written entirely,” he explained. For example, the constitution of the United Kingdom has many parts and is scattered among each other. This shows that the constitution does not always exist in a codified form.
