Constitutional law
is a body of law dealing with the distribution and
exercise of government power.
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, etc.
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State and legal
structure
Constitutional laws may often be
considered second order rulemaking or rules about making
rules to exercise power. It governs 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 a constitution establishes a federal
state, it will identify the several levels of government
coexisting with exclusive or shared areas of
jurisdiction over lawmaking, application and
enforcement.
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Human rights
Human rights or civil liberties form a
crucial part of a country's constitution and govern 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 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.
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 illustrates
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, 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.
Inspired by John Locke, the
fundamental constitutional principle is that the
individual can do anything but that which is forbidden by
law, while the state may do nothing but that which is
authorized by law.
Inspired by John Locke, the
fundamental constitutional principle is that the
individual can do anything but that which is forbidden by
law, while the state may do nothing but that which is
authorized by law.
Inspired by John Locke, the
fundamental constitutional principle is that the
individual can do anything but that which is forbidden by
law, while the state may do nothing but that which is
authorized by law.
Legislative
procedure
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 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.
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