Constitutional Law and Social Legislation

Study Notes

Course Objectives

Understand the concept of Constitutional law and Constitutionalism
Visualize the historical development of Somaliland Constitution
Know the general principles of Somaliland Constitution
Familiarize with the form of government in Somaliland
Learn the functions and powers of the three branches of Somaliland state
Know the law making process and legislations in Somaliland
Acquire how constitutional interpretation and amendment are made in Somaliland
Know and understand Somaliland HRs and Freedoms
Figure out the directive principles of state policy under Social Service delivery and social work
Understand SL citizenship in general and particularly the mode of acquisition and loss of citizenship in Somaliland

Teaching and Learning Method

Student Centered-group discussions, class participation, assignments/term papers
Lecturing: Contextualizing, Visualizing, Practical Examples, Illustrations or Socratic method

Evaluation

Attendance: 75%
Continuous Assessment and midterm: 40%
Final Exam: 60%

Chapter One: Basic Concepts

A constitution is a fundamental organic law of a state that establishes the organs/institutions of government, defines their powers, and guarantees individual rights and liberties.
Constitutionalism refers to a government that is limited and derived its power from the people through the constitution, which is the supreme law of the land.

Characteristics of Modern Constitutions

A set of legal norms that emanate from a political decision rather than some pre-established truth
The source of legitimacy of the constitution is the will of the people
Its aim is to regulate the establishment and exercise of public power
Its regulation is comprehensive
It enjoys supremacy over all other laws
Written and enacted in a document

Types of Constitutions

Written vs Unwritten Constitutions (e.g., British, Israeli, and New Zealand)
Codified vs Uncodified Constitutions (e.g., US, Somaliland, Austria, France, and Germany)
Rigid vs Flexible Constitutions (based on the rules of Constitutional amendment)

Constitution and National Identity

Constitutions can express the identity and values of a national community
As nation-building instruments, Constitutions may define the national flag, anthem, and other symbols
Constitutions may make proclamations about the values, history, and identity of the nation

Rights and Duties of Citizens

Constitutions declare and define the rights and duties of citizens
At a minimum, these will include the basic civil liberties necessary for an open and democratic society
Many constitutions go beyond this minimum to include social, economic, and cultural rights or the specific collective rights of minority communities

Constitutional Institutions

Constitutions establish and regulate the political institutions of the community
Defining the various institutions of government, prescribing their composition, powers, and functions, and regulating the relations between them
Establishing the type and form of government, dividing or sharing power between different layers of government or sub-state communities

Description

This course covers the basics of Constitutional Law and Social Legislation, including its historical development and concepts. Students will understand the concept of Constitutional law and Constitutionalism, and its application in social legislation.