Constitutional Practice Research Articles

ISSUES OF DIRECT EFFECT OF THE CONSTITUTION IN THE REPUBLIC OF UZBEKISTAN ON THE EXAMPLE OF THE EXPERIENCE OF ADVANCED COUNTRIES (USA, ITALY AND FRANCE)

The subject of this article is the analysis of the theory of direct action, the study of the experience of foreign countries, the study of the principles and practice of direct action of the Constitution in Uzbekistan, as well as their impact on the legal system and society. The purpose of this exploring is a comprehensive analysis of the principles of direct application of the Constitution in Uzbekistan, including historical development, judicial practice, and comparative analysis with other jurisdictions. Research methods: analysis of the theory of direct effect to explore the development of constitutional law in Uzbekistan, comparative legal method to analyze similarities and differences with other countries, cases for detailed analysis of specific court cases. Research results: based on the analysis, problems were identified in defining the theory of direct action and ineffective law enforcement. Scientific novelty: The study will provide a unique analysis of modern constitutional practice in Uzbekistan, especially in the context of the direct effect of the Constitution, and its comparison with international practices. Practical significance: The results may be useful for lawyers, legislators and researchers in the field of constitutional law, as well as contribute to improving law enforcement and legislative development in Uzbekistan conclusions At the end of the article, the main conclusions will be presented, emphasizing the importance of the direct effect of the Constitution in the legal system of Uzbekistan and proposals for further strengthening of constitutional principles.

The Historical Evolution of the Albanian Constitution During the XX-XXI Centuries

This paper aims to highlight the historical importance of constitutionalism for a country and the efforts made to finalize it. Referring to the history of the Albanian Constitution, we can see a centuries-old attempt to bring an essential legal act that gives the highest values to the state, not only in the National Legal context but also in compatibility with International Legislation. As it is already known, the Constitution is the state's fundamental law. In the Albanian tradition, the constitution, the notions related to it, and the concepts that originate from it have had less longevity than the state itself. Due to historical circumstances, the Albanian state was created in the last phase of the withdrawal of the Ottoman Empire from the Balkans and the creation of the Balkan states. As a result, it faced double difficulties in the written shaping and implementation of constitutional practices and norms. For the founders of the Albanian state, there was no previous reference document, no close contemporary tradition, and no legitimate institutions from which the constitutional document could originate.What will be important in this paper is that, based on the documentary analysis, there has been a continuous effort by the political bodies, since the Declaration of Independence and up to our days, for a contemporary development and modeling of all the Constitutions of this country, starting from Canons and ending in the current Constitution which the Albanian state obeys today. Also, in this paper, clarifying some misunderstandings or unintentional misinterpretations about the previous constitutional documents will be essential. Based on the bibliography, all the Albanian constitutions without which the Albanian legal state could not function, and functions will be studied with special attention.
 
 Received: 2 October 2023 / Accepted: 10 December 2023 / Published: 23 December 2023

Keeping it real in constitutional theory

In constitutional theory, we are familiar with the claim that a good theory must ‘fit’ and justify constitutional practice. However, the criterion of ‘fit’ sometimes gets lost in the quest to provide a bold normative theory about what constitutional law should be. Using the debate about the legitimacy of constitutional judicial review as an example, this article warns against a problematic disjuncture between theory and practice in the domain of constitutional law. The key argument is that credible normative theorizing about constitutional law should rest on a descriptively plausible foundation. Absent such grounding, there is a risk that our theories of constitutionalism become theories of a fiction. To avoid this hazard, we need to ‘keep it real’ in constitutional theory and comparative constitutional law.

JURIDICAL ANALYSIS OF THE RIGHT OF INQUIRY OF THE HOUSE OF REPRESENTATIVES IN PERFORMING THE SUPERVISORY FUNCTION ACCORDING TO INDONESIAN CONSTITUTIONAL LAW

The right of inquiry of the House of Representatives is a right to conduct an investigation owned by the House of Representatives that decides that the implementation of a law in government policies that is important, strategic, and has a wide impact on community life, the nation, and the state is allegedly contrary to legislation. The right of inquiry of the House relating to the exercise of the supervisory functions of the House is “an institutionalized system, involving the effectiveness and regularity of restrictions on government actions. In Indonesian constitutional practice, the right of inquiry is rarely implemented. Twice executed during the reign of the old order and twice executed during the reign of the new order. The use of the right of inquiry in the current presidential system shows a significant increase. This study uses normative juridical methods that are descriptive and analytical. Basically, the right of inquiry is a constitutional right of the DPR in the constitutional system as part of carrying out the function of supervision and balance of the executive. As a result of the legal application of the right of inquiry, the House of Representatives can exercise the right to express an opinion.

The Shifting of the President Prerogative Powers in the Presidential System Post Amendment to the UUD 1945 in Indonesia

Objective: To look for a shift in presidential power from the development of the constitution and constitutional practices in Indonesia. After the amendments to the 1945 Constitution were made, there was almost no authority the President could exercise alone without seeking approval or consideration from other institutions, except for the appointment of ministers. The research aims to determine the factors that cause the President's Prerogative Powers to be inconsistent with the ideal conception of the Indonesian constitutional system. Since the beginning of Indonesian independence, the constitution has placed the prerogative rights of the president very dominantly, now after very fundamental changes to the constitution it also has implications for shifting the prerogative power of the president. Method: The research used juridical-normative. The approaches used in this research are the Legislative Approach, Conceptual Approach, and Historical Approach. Results: In a presidential system, the president has absolute authority in appointing ministers, although in practice the president is also closely tied to supporting parties or other parties who have made political commitments to the president. In the 1945 Constitution after the amendment, there is no longer anything that is truly a prerogative power of the president that can be exercised without obtaining approval or consideration, especially from the People's Representative Council as the people's representative institution. Conclusion: Prerogative power also has an undemocratic and potentially dangerous tendency, so to increase public accountability, the use of prerogative power by the President must apply power by involving institutions as representatives of the people.

THE «HUMAN DIMENSION» DOCTRINE HUMAN AND CITIZEN RIGHTS AND FREEDOMS IN UKRAINE

The article is devoted to the doctrine of the «human dimension», the essence of human and citizen rights and freedoms. In the course of the study, it was substantiated that nowadays in Ukraine the problem of real provision of human and citizen rights and freedoms, which is connected with the insufficient level of observance of the rights and freedoms enshrined in the Basic Law by the state, as well as the insufficient level of their protection, is gaining special importance from various types of offenses. The analysis of the systematic study shows that the problem of ensuring and protecting human rights in Ukraine is complex and multifaceted, and the creation of additional guarantees and mechanisms for the realization of individual rights and freedoms is a priority task of the state at the current stage and in modern historical crisis realities. It is proved that in independent Ukraine today the theory of recognition of human dignity is extremely popular, which is an integrative property of human nature and is one of the institutional sources of his basic rights. It is predicted that in the near future all doctrinal positions in the field of ensuring and protecting the rights and freedoms of a person and a citizen will require appropriate normative and legal regulation, in particular, constitutional. The problem of ensuring human rights at the end of the 20th - at the beginning of the 21st century became one of the most urgent problems of humanity. It is the person in the theory and practice of constitutionalism who occupies the main place, because he is the main reference point for the development, improvement and implementation of the theory and practice of further development. The issues of human and citizen rights and freedoms in Ukraine are of particular interest not only to legal theorists, but also often become a topic of research among practitioners from various fields of law and among different countries.

Unpacking gender mainstreaming: a critical discourse analysis of agricultural and rural development policy in Myanmar and Nepal

Conventional gender analysis of development policy does not adequately explain the slow progress towards gender equality. Our research analyses the gender discourses embedded in agricultural and rural development policies in Myanmar and Nepal. We find that both countries focus on increasing women’s participation in development activities as a core gender equality policy objective. This creates a binary categorisation of participating versus non-participating women and identifies women as responsible for improving their position. At the same time, gender (in)equality is defined exclusively as a women’s concern. Such discourses, as constitutive practices, produce specific knowledge about rural women and new subjectivities that prescribe and govern them solely as subjects of development. Our research suggests that such a limited discursive practice invisiblises gendered power relations and structural and institutional issues, ultimately slowing progress towards gender equality. We demonstrate the importance of studying policy as discourse, beyond the effectiveness of policies or mainstreaming tools, and call for empirical evidence on the impact of these discourses on women’s subjectivities and lived experiences.

Consensus vs. Situated Constitutive Practices: Mapping Developments in the Role of the Expert at RAND After WWII onto Key Issues in Sociology

Consensus vs. Situated Constitutive Practices: Mapping Developments in the Role of the Expert at RAND After WWII onto Key Issues in Sociology

The right to free personal development as a manifestation of the connection between human dignity and freedom

Constitutional recognition of the worth of a human as the dominant value in the hierarchy of social ones activates the full potential of positive law to the maximum to secure it, in particular the mechanism of a general permissive type of legal regulation, which essentially presupposes freedom, and therefore the embodiment of the ideal of a free human person. The specificity of such regulation is expressed in the process of its social and contextual characteristics, namely, in the description of the scope and boundaries. Accordingly, it has been established that the development of the general permissive idea in the twentieth century shifted to the plane of “recognition of the worth of human dignity”, so the study of freedom within its interrelationship with human dignity forms the first approximate idea of the subject coverage of the general permission (as the basis of appropriate regulation). It has been established that such an interrelation is justified in the regulatory (international, national) and doctrinal context at the level of values and individual rights. It has also been proved that this interrelation is most clearly visible in the right to the free development of a person, which becomes a kind of “intersection”, the main point where dignity and freedom “are connected”.The national recognition of this right in the constitutions of different states has been investigated, in particular as the goals of the state; the highest values; the foundations of the political system and social peace; the personal independency right, including in the system of other personal rights. The peculiarities of its interpretation in German jurisprudence as an “unnamed”, “independent fundamental right to freedom”, which has been developed in two aspects: a) the general right of a person – its “comprehensive protection” from public and private interference, “strengthening” (additional) guarantee of human dignity (which promoted the formation of a kind of human rights methodology – “theory of spheres”). Its nature is analyzed from the point of view of the “human person essence (core)” and its components: human dignity, the fundamental right to informational self-determination, the right to life and limb; b) general freedom of action, which extends the sphere of defending freedom that is not covered by special constitutional rights.It has been found that this right was secured internationally with the expansion of its scope at the expense of the subject matter – the right of the people to self-determination. The constitutional practice of recognition of the right to free personal development in Ukraine has been analyzed and it is presumed to project the basic sphere of the generally permissive type of legal regulation

КОНСТИТУЦИОНАЛИЗМ И НАУКА КОНСТИТУЦИОННОГО ПРАВА: НЕКОТОРЫЕ ЗАДАЧИ И ПЕРСПЕКТИВЫ РАЗВИТИЯ

The article analyzes the tasks and prospects of the development of constitutionalism and the science of constitutional law from the standpoint of the current state of the constitutional system and legal doctrine. The special role of the science of constitutional law in understanding the essence of constitutionalism, the modernization of the constitution, and their influence on the development of the new Uzbekistan is emphasized. An attempt was made to analyze the trends of the modern development of constitutional law, the significance of updating the basic law of the country, as well as the goals and objectives of the science of constitutional law in ensuring the progressive development of the state. The general characteristics of modern constitutionalism are given, and the influence of legal doctrine on constitutional practice is also described. Some aspects of the quality and effectiveness of scientific and research work in the field of constitutional law are analyzed, and separate proposals are justified to revise the criteria for evaluating practical significance and introduce scientific recommendations into the practice of scientific recommendations, as well as reformatting the list of scientific specialties. The article also provides arguments regarding the need to encourage “butt” scientific research, the creation of new related scientific specialties, and an increase in the number of nonstate scientific institutions.

Building Bridges: Michel Chiha and the Construction of Modern Lebanon

For almost three decades, the banker, journalist—and occasional poet—Michel Chiha (1891-1951) constructed, through the pages of his newspaper, Le Jour, a possibilist approach to Lebanese nationhood that was directly influential in the configuration of the National Pact and, ultimately, Lebanese independence. However, and despite the prominent role his thought played in the construction of the ‘Lebanese formula’, his work has been sorely overseen and misunderstood by scholarship. Analyzing Chiha’s editorial production, this paper will underline how this author’s cosmopolitan philosophy came to define the Lebanese self-perceptions of identity, defining constitutional practices until the present.

Азаматтық институтының конституциялық-құқықтық негіздері

Мақалада Қазақстан Республикасының және шет елдердің қолданыстағы заңнамасын, азаматтық саласындағы ғылыми әдебиеттерді зерттеу және талдау негізінде азаматтық институтын құқықтық реттеудің өзекті мәселелері зерттелген. Қазақстан Республикасының Конституциясын, «Қазақстан Республикасының азаматтығы туралы» Заңды зерттеуге басты орын берілген, ал азаматтықты конституциялық-құқықтық реттеудің шетелдік тәжірибесі қарастырылған. Сонымен қатар азаматтық институттың мемлекет пен қоғамның дамуына, азаматтық қоғамның қалыптасуы үшін маңызды екендігі көрсетілген. Авторлар конституционализм теориясы мен практикасының басты мәселелерінің бірі — конституциялық азаматтық институты арқылы адамның құқықтары мен бостандықтарын дамыту және қамтамасыз ету екенін атап өткен. Мақала авторлары азаматтық ұғымын анықтап, оның конституциялық құқықтық ұйымдастыру мәні мен маңызын айқындау мәселелері бойынша негізгі көзқарастарды ұсынған. Атап айтқанда, құқықтың жалпы жаһандануы мен интернационалдануына байланысты Қазақстан Республикасының Конституциясы тұтастай алғанда конституциялық құқық дамуының әлемдік тенденцияларына сәйкес келетіндігі туралы қорытынды жасалған. Конституциялық-құқықтық заңнаманы одан әрі жетілдіру бағыттарының біріретінде конституциялық-құқықтық заңнамаға адам құқықтары жөніндегі халықаралық құқықтың жалпы танылған қағидаттары мен нормалары туралы ережені енгізу туралы ұсыныс тұжырымдалған.

Theories on Sovereignty

The notion of sovereignty has been invented in the 16th century. This concept is traditionally linked to Jean Bodin, who first used the term to describe modern statehood in his work ‘Six Books of the Commonwealth,’ written in 1576. The concept itself was originally conceived to define the characteristics of the absolute monarchy, but was later used to describe the rule of other sovereigns as well; thus, it was created as one of the most prolific concepts in political theory. Although sovereignty was an object of intense interest to political philosophers mainly until the middle of the 20th century, it is still not an out-of-date concept. While it is true that modern international law, recent political practice, and the chiselled concepts of law and state have diminished the importance of this notion until now, it has not disappeared. In fact, even the recent international policy and the modern constitutional practice are not able to do without the paradigm of state sovereignty. Like all concepts, it has been inflated, yet, its core political theoretical content remained almost the same. In the present paper I am going to attempt to introduce the types of sovereignty, mainly on the basis of who the sovereign can be.

Creating Discursive Conditions for Constitution Reforms in Tanzania

There has been low public participation in discursive constitutional reforms in Tanzania. However, the discursive conditions shaping such low public participation were still unknown. The current study examined discursive conditions for constitutional practices. The study employed Mactayres' legitimation theory (1998) of the common public good to extract discursive conditions of reconstitution debates in Tanzania. A documentary review was used to extract data, and transcription and translation were later done. Four data sets were involved in the analysis: two public discursive forums, telephone public deliberation opinions and television interviews of politicians. Attride-Stirling (2001) thematic qualitative analysis guided the systematic methodological analysis of the study. The findings show four main discursive conditions for constitution debates in Tanzania: lack of inclusive public discursive participation, lack of normative values for discursive critiques and inquiries, lack of public discursive constitution consciousness and inappropriate public discursive setting and structures. It is recommended that public constitution awareness requires total involvement of civil societies, government organs, politicians, professionals, media and individuals; secondly, public constitution awareness-raising should be held before engaging the public in public deliberation of constitution reform; thirdly, the nature of public awareness should reflect appropriate platforms that suit public discursive settings and involve a wide public agenda (economics, health, education, agriculture, human rights) to allow a wide public deliberation; fourthly, during constitution debates public should be informed on the values of public discourse that involve rational arguments, tolerance respects and public consensus to achieve a common understanding. Fifthly, where there are no discursive structures (discursive layout), public consensus must be on the road map toward the new constitution. Finally, those responsible for collecting public opinions should arrange and conduct constitutional debates in an informal setting with no time constriction to make it easy for majority participation and to achieve data saturation of public opinions. While the study contributed to democratic discursive conditions as the party of Critical Discourse Analysis, future studies can focus on power relationships and reconstitution practices in Tanzania.

The identity of the constitutional subject and the construction of constitutional identity: lessons from Africa

In this article, I introduce a degree of novelty into the scholarship on the nexus between constitutional identity and the constitutional subject. I do so by pluralizing both the territorial space constitutional identity exists and the constitutional subject it interacts. Drawing from the African Union continental constitutional framework, the Ethiopian national constitutional experience, and the Nigerian subnational constitutional practice, I show how the three-tiered political identity of the constitutional subject – Pan-African, national, and subnational- shapes the construction of constitutional identity at various levels differently. While the Pan-African identity of the constitutional subject assists in imagining a cosmopolitan constitutional identity at the continental level, the sub-national identity of this same constitutional subject supports the establishment of a unique constitutional identity at the national (Ethiopia) and subnational (Nigeria) levels. I demonstrate how the identity of the constitutional subject and its accompanying social and political movements offer a relevant material for the construction of constitutional identity, and how this, in turn, may shape, facilitate, or complicate the practice of constitutionalism in the African context.

The transition and formation of government after Lesotho’s 2022 elections

The process of transitioning from one government to another and forming a new government after elections in Lesotho is often fraught with controversy and uncertainty. These problems can be attributed, by and large, to the lack of adequate rules and consistent constitutional practice. The 2022 elections have once again shone the spotlight on these longstanding problems. Like all other elections since 2012, the 2022 elections were inconclusive: no political party received an outright majority to form a government. Since the country uses a parliamentary system, the government depends on the confidence of the National Assembly and the life of the government is pegged to the life of Parliament. The end of the parliamentary term effectively means the end of the government. In terms of the Constitution, once Parliament is dissolved, elections must be held within three months. Within one month after the elections, a new Parliament must sit. While the Constitution provides for the appointment of the prime minister – the king appoints as prime minister a member of the National Assembly who will have the confidence of the House – there are no rules stipulating how the confidence of the House is to be determined. Likewise, the government’s position between the dissolution of Parliament and the forming of a new government is often opaque and precarious. This article examines these inadequacies in the context of the 2022 elections. The article uses content analysis – the examination of primary and secondary documents – to analyse the activities that took place during the transition and formation of a new government in the 2022 elections. The article concludes that the 2022 elections serve to confirm a longstanding problem of inadequate rules and consistent practice relating to the transition and formation of government.

Limitations on fundamental freedoms in Sri Lanka: majoritarian influence of constitutional practice

AbstractSri Lanka’s Constitution authorises the state to limit certain fundamental freedoms on the grounds of specific public interests. This article examines how this constitutional limitation regime has become vulnerable to majoritarian influence. It uses a case study approach, supplemented by key informant interviews, to delve into Sri Lanka’s constitutional practice with respect to limitations on fundamental freedoms such as the freedom of religion or belief, and the freedom of expression. The article illustrates how organs of the Sri Lankan state have equated notions of ‘public interest’ with the majority community’s conceptions of ‘security’, ‘order’, ‘health’ and ‘morals’. It argues that this practice reflects a cleavage between the moral legitimacy and the legal claimability of fundamental freedoms of minorities and satirists in Sri Lanka. It concludes that legal regimes designed to guarantee fundamental freedoms offer very little protection to minorities when the underlying politics driving the application of law is majoritarian.

Global constitutionalism and the People’s Republic of China: Dignity as the “fundamental basis” of the legal system?

Abstract The People’s Republic of China has declared dignity to be a foundational norm of its legal system, as institutionalized through a suite of constitutional and legislative reforms. Indeed, the 2017–21 period saw the adoption of some of the most far-reaching statutes in the history of the PRC, the centerpiece of which is the new Civil Code (2021). In both structure and content, provisions of the Civil Code comprise a quasi-constitutional charter of rights. Indeed, many Chinese scholars do treat the Civil Code as such, developing sophisticated constitutional theory along the way. At the core of these claims is dignity, which occupies a prominent position within the Civil Code, and from which a host of additional rights, including unenumerated rights, can be derived. After situating these developments in light of global constitutional practice, we examine the emergence of dignity as an officially sanctioned commitment device, and analyze the pertinent scholarly discourse, structure, and content of the new Civil Code, and the various roles that the Communist Party of China, the National People’s Congress, and the Supreme People’s Court are expected to perform in supervising the work of the judiciary in operationalizing the Civil Code. We conclude that while the PRC has not fully embraced the dignity norm in the way other constitutional systems have, it has nonetheless permitted significant discursive debates that deserve to be analyzed comparatively.

Ребёнок и Конституция России: разговоры о важном

Introduction. The presumption of knowledge of the law and laws of the state assumes that every citizen knows the necessary amount of legal information sufficient to fulfill the basic obligation to comply with the Constitution and laws of the Russian Federation. Accordingly, the study of the Constitution of the Russian Federation and basic laws is mandatory and should be integrated into educational programs at all levels. Special attention should be paid to the constitutional and legal education of children, because at this age the model of behavior, which a person will follow in the future, is laid. Theoretical analysis. The study of the Constitution of Russia in childhood and adolescence is based on the concept of meta-law, which asserts the unity of law, religion, philosophy, science, and art. In the educational paradigm of meta-law, the Constitution is perceived through spiritual and moral values, ethical, moral attitudes, confirming by legal authority the correctness of the ideas about what is due that the child has learned. The initial stage of studying the Basic Law of the country may coincide with the child’s study of the alphabet, when individual letters of the alphabet will be fixed in the child’s memory by the example of categories of constitutional law that are accessible to understanding. It is fruitful to address the content of the Constitution of Russia through the prism of elementary plots of folk tales reflecting the archetypes of popular consciousness. Through the fairy tale, the child is introduced to the national worldview, learns to recognize himself or herself as part of the multinational people of the Russian Federation, who embodied their political will in the Basic Law of the country. Folk art expresses an ideal presented in an artistic form. The Constitution legally formalizes the people’s idea. That is why legal folklore studies should be integrated into educational programs in literature, social studies, and jurisprudence. Works of children’s fiction devoted to the Basic Law of the country are the most correct form for the perception of the text of the Constitution by children aged six to eight. Serious discussions about the Constitution of Russia, the history of the constitutional idea in our country, political power and constitutional practice of the state should take place at high school age. The choice of a form of submission of constitutional and legal information is determined by mental generational characteristics of children in accordance with the information environment in which their formation and development took place. Results. The authors conclude that the theory of the Constitution should be integrated into the program of basic general education and offer the fundamentals of a specialized pedagogical strategy for studying the Constitution by children. The methodology of studying the Constitution by children determines the identity of the legal system of Russia, where moral norms, ethics, morality, culture are the co-regulators of law. The format of educational practices depends on the stages of growing up, socialization and individualization of the child.

COMMON ATTRIBUTES OF THE CONSTITUTION OF MADINA AND MAGNA CARTA: ANALYTICAL STUDY FROM A HISTORICAL PERSPECTIVE

Both, the Madinah treaty along with the pact of Magna Carta, are thought to be the global constitutions that were written for the first time. The Madinah treaty is the truce among the people living in Madinah. Whereas Magna Carta is an agreement between the Barons and English King John. Both of these pacts are also considered to be the most primitive fount focusing on human rights. For the first time, such agreements were introduced which entailed the particular rights of Humans that are serving as an inspirational source of guidance for even the constitutions of contemporary times. Factually, UDHR (universal declaration of human rights) is also instigated through such primitive pacts focusing on the fundamental rights of human beings. This comparison between the Madinah treaty and the pact of Magna Carta is an argument-based analysis stating that agency always lies there at the existing point of consent and culpability. The relative additional debates, regarding the rights mentioned in the constitution of Magna Carta that are anticipated to cause the formulation of comparatively more spatial constitutional practices in the western world. Similarly, the existing covenant of the treaty of Madinah organized by Prophet Muhammad (PBUH) with its specificity of containing details regarding the duties enjoined with the particular clans along with their related rights for the good of society together with the visionary rules formulated for the laws is the representative of the fact that all the Muslim states can undoubtedly organize and exchange the governance-related challenges, may it reside within the outline of a law of transcendence i.e. the law of Shariah. Assessment of the exclusive statutory features of the Madinah treaty and the constitution of the Magna Carta has revealed that both of these agreements, though not in a form of proper pact, are more in interest with the fundamental legitimate attributes that are found to have remarkable resonance, demonstrated in the consequent happenings of the resolutions of Arabs which occurred in 2011, together with the further restructurings of the global power. This paper thus focuses on the analyzation and comparison of these treaties along with their implementations together with the constraints. Furthermore, the perspective together with the audience of both these pacts are discussed. Moreover, these charters will be thoroughly analyzed and compared via their attributes, the rights these treaties granted along with their impact on the contemporary world. In the current research conducted, few opinions are being provided on the Madinah Treaty and the constitution of Magna Carta being the scriptures of Human rights. Also, frameworks of their implementations, constraints, along with their impact beyond the specialism for which such treaties were originally designed. These treaties will then be juxtaposed. Originally, not any of both pacts were discussed with the main focus on the universal civil and religious liberties. However, each of these charters have contributed to provide an impactful way in delivering economic, social, civil, political, and religious rights for the individuals of contemporary world as the human rights and liberties are structured on these charters.