Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state , namely, the executive , the parliament or legislature , and the judiciary ; as well as the basic rights of citizens and, in federal countries such as the United States and Canada , the relationship between the central government and state, provincial, or territorial governments.
29-420: In constitutional law , constitutionality is said to be the condition of acting in accordance with an applicable constitution ; the status of a law, a procedure , or an act's accordance with the laws or set forth in the applicable constitution. When laws, procedures, or acts directly violate the constitution, they are unconstitutional . All others are considered constitutional unless the country in question has
58-523: A class in Constitutional Law during their first year, and several law journals are devoted to the discussion of constitutional issues. The doctrine of the rule of law dictates that government must be conducted according to law. This was first established by British legal theorist A. V. Dicey . Dicey identified three essential elements of the British Constitution which were indicative of
87-534: A constitution establishes a federal state for instance as seen in India, it will identify multiple levels of government coexisting with exclusive or shared areas of jurisdiction over lawmaking, application and enforcement. Some federal states, most notably the United States, have separate and parallel federal and state judiciaries, with each having its own hierarchy of courts with a supreme court for each state. India , on
116-411: A legislative act or law conflicts with the constitution, it finds that law unconstitutional and declares it void in whole or in part. Depending on the type of legal system, a statute may be declared unconstitutional by any court or only by special constitutional courts with authority to rule on the validity of a statute. In some countries, the legislature may create any law for any purpose, and there
145-431: A mechanism for challenging laws as unconstitutional. An act or statute enacted as law either by a national legislature or by a subordinate-level legislature such as that of a state or province may be declared unconstitutional. However, governments do not only create laws but also enforce the laws set forth in the document defining the government, which is the constitution. When the proper court determines that
174-427: Is a state or sovereign state governed as a single entity in which the central government is the supreme authority. The central government may create or abolish administrative divisions (sub-national or sub state units). Such units exercise only the powers that the central government chooses to delegate. Although political power may be delegated through devolution to regional or local governments by statute ,
203-426: Is a stub . You can help Misplaced Pages by expanding it . Constitutional law Not all nation states have codified constitutions , though all such states have a jus commune , or law of the land, that may consist of a variety of imperative and consensual rules. These may include customary law , conventions , statutory law , judge-made law , or international rules and norms . Constitutional law deals with
232-449: Is a constitutional principle deriving from the common law. John Entick 's house was searched and ransacked by Sherriff Carrington. Carrington argued that a warrant from a Government minister, the Earl of Halifax was valid authority, even though there was no statutory provision or court order for it. The court, led by Lord Camden stated that, "The great end, for which men entered into society,
261-413: Is above the 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" The third is that the general ideas and principles that the constitution supports arise directly from the judgements and precedents issued by the judiciary. "We may say that the constitution is pervaded by the rule of law on the ground that
290-517: Is another instance where a codified constitution, with the Canadian Charter of Rights and Freedoms , protects human rights for people under the nation's jurisdiction. Some countries like the United Kingdom have no entrenched document setting out fundamental rights; in those jurisdictions the constitution is composed of statute , case law and convention . A case named Entick v. Carrington
319-428: Is entitled to vote , voter registration , ballot access , campaign finance and party funding , redistricting , apportionment , electronic voting and voting machines , accessibility of elections, election systems and formulas, vote counting , election disputes, referendums , and issues such as electoral fraud and electoral silence . Unitary state List of forms of government A unitary state
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#1732854550062348-486: Is no provision for courts to declare a law unconstitutional. That can occur either because the country has no codified constitution that laws must conform to like in the United Kingdom and New Zealand or because the constitution is codified, but no court has the authority to strike down laws on the basis of it like in the Netherlands and Switzerland . In many jurisdictions, the supreme court or constitutional court
377-424: Is the final legal arbiter that renders an opinion on whether a law or an action of a government official is constitutional. Constitutions define the powers of government, Thus, national constitutions typically apply only to government actions. Only governments can then violate the nation's constitution, but there are exceptions. Unconstitutional actions include: This article about a constitutional law topic
406-504: The Napoleonic Wars , and to the world through the vast French colonial empire . Unitary states stand in contrast to federations , also known as federal states . A large majority of the UN member countries , 166 out of 193, have a unitary system of government, while significant population and land mass is under some kind of federation. A unitary system of government can be considered to be
435-660: The United States , India , and Singapore , constitutional law is based on the text of a document ratified at the time the nation came into being. Other constitutions, notably that of the United Kingdom , rely heavily on uncodified rules, as several legislative statutes and constitutional conventions , their status within constitutional law varies, and the terms of conventions are in some cases strongly contested. Constitutional laws can be considered second order rule making or rules about making rules to exercise power. It governs
464-462: The civil law jurisdictions do not share the same constitutional law underpinnings. Common law nations, such as those in the Commonwealth as well as the United States, derive their legal systems from that of the United Kingdom, and as such place emphasis on judicial precedent, whereby consequential court rulings (especially those by higher courts) are a source of law . Civil law jurisdictions, on
493-454: The executive , and the judiciary are known as the horizontal separation of powers. The first and the second are harmonized in traditional Westminster system . Vertical separation of powers is decentralization. Election law is a subfield of constitutional law. It includes the rules governing the process of elections. These rules enable the translation of the will of the people into functioning democracies . Election law addresses issues who
522-669: The European Union which was intended to be included in the Treaty establishing a Constitution for Europe , that failed to be ratified. Perhaps the most important example is the Universal Declaration of Human Rights under the UN Charter . These are intended to ensure basic political, social and economic standards that a nation state, or intergovernmental body is obliged to provide to its citizens but many do include its governments. Canada
551-586: The central government may alter the statute, to override the decisions of devolved governments or expand their powers. The modern unitary state concept originated in France ; in the aftermath of the Hundred Years' War , national feelings that emerged from the war unified France. The war accelerated the process of transforming France from a feudal monarchy to a unitary state. The French then later spread unitary states by conquests , throughout Europe during and after
580-425: The constitution. In bicameral legislatures, there may be a process laid out for second or third readings of bills before a new law can enter into force. Alternatively, there may further be requirements for maximum terms that a government can keep power before holding an election . Constitutional law is a major focus of legal studies and research. For example, most law students in the United States are required to take
609-502: The courts as completely independent from both the legislature and law enforcement. Human rights law in these countries is as a result, largely built on legal precedent in the courts' interpretation of constitutional law, whereas that of civil law countries is almost exclusively composed of codified law, constitutional or otherwise. Another main function of constitutions may be to describe the procedure by which parliaments may legislate. For instance, special majorities may be required to alter
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#1732854550062638-413: The fundamental principles by which the government exercises its authority. In some instances, these principles grant specific powers to the government, such as the power to tax and spend for the welfare of the population. Other times, constitutional principles act to place limits on what the government can do, such as prohibiting the arrest of an individual without sufficient cause. In most nations, such as
667-429: The general principles of the constitution... are with us the result of judicial decisions determining the rights of private persons in particular cases brought before the courts" Separation of powers is often regarded as a second limb functioning alongside the rule of law to curb the powers of the government. In many modern nation states, power is divided and vested into three branches of government: The legislature ,
696-510: The opposite of federalism . In federations, the provincial/regional governments share powers with the central government as equal actors through a written constitution , to which the consent of both is required to make amendments. This means that the sub-national units have a right to existence and powers that cannot be unilaterally changed by the central government. Italics : States with limited recognition from other sovereign states or intergovernmental organizations . The United Kingdom
725-529: The other hand, has one judiciary divided into district courts, high courts, and the Supreme Court of India . Human rights or civil liberties form a crucial part of a country's constitution and uphold the rights of the individual against the state. Most jurisdictions, like the United States and France , have a codified constitution, with a bill of rights . A recent example is the Charter of Fundamental Rights of
754-407: The other hand, place less emphasis on judicial review and only the parliament or legislature has the power to effect law. As a result, the structure of the judiciary differs significantly between the two, with common law judiciaries being adversarial and civil law judiciaries being inquisitorial . Common law judicatures consequently separate the judiciary from the prosecution, thereby establishing
783-468: The relationships between the judiciary, the legislature and the executive with the bodies under its authority. One of the key tasks of constitutions within this context is to indicate hierarchies and relationships of power. For example, in a unitary state , the constitution will vest ultimate authority in one central administration and legislature , and judiciary , though there is often a delegation of power or authority to local or municipal authorities. When
812-400: The rule of law: Dicey's rule of law formula consists of three classic tenets. The first is that the regular law is supreme over arbitrary and discretionary powers. "[N]o man is punishable ... except for a distinct breach of the law established in the ordinary legal manner before the ordinary courts of the land." The second is that all men are to stand equal in the eyes of the law. "...no man
841-452: Was to secure their property. That right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole. By the laws of England, every invasion of private property, be it ever so minute, is a trespass... If no excuse can be found or produced, the silence of the books is an authority against the defendant, and the plaintiff must have judgment." The common law and
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