ABSTRACT

A constitution is the fundamental of the law of the State or body governed by it. All other domestic laws of the State derive their authority from being made in accordance with the constitution, both in the sense of having been made according to the methods prescribed therein for law-making and in the sense of being consonant with the principles which are enshrined in the constitution. The principle of popular sovereignty is enshrined in most modern constitutions. It stands in stark contrast to the British notion of the sovereignty of Parliament. The administration of justice is always highly decentralized in civil law countries. Indeed, it is one of the features distinguishing such jurisdictions from those of the common law, where traditionally the administration of justice has been highly centralized. This aspect of state decentralization in the lands of the civil law will be dealt with in the succeeding chapters on civil and criminal justice.