Constitutional law

Declaration of Human Rights

Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the legislature, and the judiciary; as well as the basic rights of citizens and, in federal countries such as the United States, the relationship between the central government and state, provincial, or territorial governments.

Overview

Constitutional law deals with 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.

Sources of Constitutional Law

The primary source of constitutional law is the constitution itself. Constitutions can be written or unwritten. A written constitution is a formal document defining the nature of the constitutional settlement, the rules that govern the political system and the rights of citizens and governments in a codified form. An unwritten constitution is one where the fundamental rules often take the form of customs, usage, precedent, and a variety of statutes and legal instruments.

Branches of Government

Constitutional law often involves the interpretation and application of the constitution. This includes the separation of powers, which divides the government into three branches:

• The executive branch, which enforces the laws.
• The legislative branch, which makes the laws.
• The judicial branch, which interprets the laws.

Rights and Freedoms

Constitutional law also deals with the protection of individual rights and freedoms. These rights are often enshrined in a bill of rights or similar document. Common rights include:

• Freedom of speech
• Freedom of religion
• Right to privacy
• Right to a fair trial

Judicial Review

One of the key functions of constitutional law is the power of judicial review. This is the power of the courts to examine the actions of the legislative, executive, and administrative arms of the government and to determine whether such actions are consistent with the constitution. Actions judged inconsistent are declared unconstitutional and, therefore, null and void.

Federalism

In federal systems, constitutional law also defines the relationship between the central government and the constituent units (states, provinces, or territories). This includes the division of powers and responsibilities between the different levels of government.

Amendments

Constitutions often provide a process for making amendments. This process is typically more rigorous than the process for passing ordinary laws, reflecting the importance of the constitution as the supreme law of the land.

Related Pages

• Constitution
• Bill of rights
• Separation of powers
• Judicial review
• Federalism
• Human rights
• Legislature
• Executive (government)
• Judiciary

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