A sledgehammer to the outlaws and to the Government itself.

The Constitution of a country, as Ayn Rand said ” The government was set to protect the man from criminals and the Constitution was written to protect man from the government.

The Constitution may be defined as that fundamental law of a State which contains the principle on which the government is founded. It regulates the division of sovereign powers and directs to what persons each of these powers is to be entrusted and the manner of its exercise. Constitutional Law contains not only the frame of the government but also numerous administrative provisions. Dicey defines Constitution Law as all rules which directly or indirectly affect the distribution or exercise of the sovereign powers.

At the outset of the study of any branch of law, it may be desirable to know about the field of study. Law defies definition, but perhaps the most satisfactory description is that ” body of rules which are recognized by the courts of the country as law” and Constitutional Law exceeds that definition which concerns the organization and functions of government at rest.

The distinction between Constitutional Law and Ordinary Law is of degree and not of kind. It is drawn for the purposes of practical convenience. The more fundamental and far-reaching any principle or practice is, the more likely it is to be addressed as a Constitution.

Constitution Law is created, maintained, decided upon, and upheld by the administrative, legislative, and judicial departments of government.

The Constitution empowers the State/Government to act according to the whims and wishes of the people. It regulates how the government functions, how different organs of the government cooperate with each other and what are the checks and balances procedures pertaining to balance of power and smooth functioning.

In relation to the State, Constitutional Law deals with the distribution and exercise of functions of Government. The topics which can be governed by the Constitutional Law are many and varied, e.g. the status and the mode of choosing the head of the state.

Constitutional Law promotes rule of Law. It dictates that government must be conducted according to the Law. Indication of rule of law should be: 

1. Absolute supremacy of regular law as opposed to the influence of arbitrary powers.
2. Equality before law.
3. The Constitution is a result of the ordinary law of land. 

Firstly is that the regular law is supreme over arbitrary and discretionary powers. No man is punishable except for a distinct breach of law established in the ordinary legal manner before the ordinary courts of land.

Second is that all men are to stand equal in the eyes of law. Every man whatever be his rank or condition is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals.

And third is that the general ideas and principles that the Constitution supports arise directly from the judgment and precedents issued by the judiciary.

Separation of Powers is one of the essence of the Constitution of any country. There are three branches of Government that work to ensure smooth running of the Government and that of the state.

1. Legislative Branch: It is charged with making and amending the law. In the case of Pakistan, the National Assembly and Senate, composed of Parliament, is responsible for that.

2. Executive Branch: The Prime Minister/President and his cabinet is charged with carrying out and implementing laws.

3. Judicial Branch: This branch is responsible for the interpretation of Law. Judiciary is composed of the Supreme Court, and High Courts.

Due Process of Law:
Every criminal deserves punishment to bring order into society. But this shall not be at the cost of Unfair process. Constitutional Law provides for due process of law and forbids the government from taking away someone’s life, liberty, or property without first conducting a fair and just trial. As a famous line goes: No one shall be condemned unheard.

Check and Balances:
While every branch of the government has the capability of doing its work for the betterment of the society it does not mean that they shouldn’t be checked for their wrong doings. To prevent one branch from having too much power, each branch of government has the authority to restrain the other two branches. For example, through the power of Judicial Review, the Supreme Court can strike upon a legislation or an amendment that it deems unconstitutional.

Fundamental Rights:
Perhaps the most important feature of Constitutional Law are the fundamental rights. Whether it’s the infamous Bill of Rights in the U.S Constitution or the Fundamental Rights in the Constitution of Islamic Republic of Pakistan, Fundamental Rights serves as a protective base for all the citizens of a state which they can enjoy and the government has a duty to adhere to. Freedom to profess Religion, to study, to open up a business, to live anywhere within the borders of the state, to have education, and several other rights contributes to ensure that citizens are treated fairly by the Governmental Organizations without the discrimination of color, caste, gender, and religion.

Constitutional Law matters because it is a necessary instrument in any human community that tries to live within the purview of social justice and equality. It does not entrench any value in particular but responds to the fact that the state authorities are not always virtuous and can abuse their powers in many ways. Constitutional Law limits the possibilities of abuse. It makes abuse difficult and set up concrete guarantees against abuse (i.e. Writs).

Conclusion:

The government of every country is influenced by public opinion. People all over the world are getting politically conscious from day to day and public opinion has acquired a special status in molding different human institutions including the political ones. It is necessary that people be well grounded in the principle of Constitutional Law so that the disequilibrium created in the lives of humans is done away within the best possible way with the least possible pains.