THE CONSTITUTION AND THE DEVELOPMENT OF NATION-STATES

Abstract

This academic article focuses on the origin and the development of the constitution from the past to the present by using the conceptual framework "Social Contract". Which is analyzed together with the development of the modern nation-state under the guidelines of the agreement in "The Treaty of Westphalia", where is the birth of the "Sovereignty". Furthermore, this led to a "Secular State form” (The Clear Separation Power between Politics and Religion). It was found that the "Constitution" was regularity, rules, regulations, and rules of society that the rulers had set up and enforced in different ways for a long time. Which has been developed continuously until became to distinctive style; as shown in the British “Magna Carta Charter” together with the creation of a written constitution after the founding of the United States. Later, this system became the mainstream values under the guideline "Constitutionalism" that spread widely, and it is also regarded as one of the important tools of the governance of modern nation-states around the world. Whether that, the government is in democracy, socialism, communism, authoritarian dictatorship, or any other form. In addition, the constitution provides administrative legitimacy and becomes part of the guarantee of territorial sovereignty for the rulers of international law. It is considered a compromise of political power which guarantees non-violent conflict. For examples, the case of the signing of documents by the British monarch which negotiates political power with the nobility in parliament. This is a characteristic of political reform that has resulted in the monarchy be able to maintain their status as the head of state for a long time until the present. Although the nature of the British Constitution is the unwritten law.