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, whose principles still have constitutional value
Constitutional law is the study of foundational or basic
laws of nation states and other political organizations.
Constitutions are the framework for government and may limit or define the authority and procedure of political bodies to execute new laws and regulations.
Types of constitution
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,
Convention (norm),
statutory law,
judge made law or international law. A common error is to refer to countries, for instance, the
United Kingdom, as having an "unwritten constitution". In fact, the "constitution" is written in a vast body of books, statutes and law reports, instead of being codified into a single document, such as the
Grundgesetz or the U.S. Constitution. On the other hand, some communities may lack any constitution at all, because of the complete absence of law and order. These are referred to as
failed state or anarchies.
Functions of constitutions
Constitutional laws may often be considered second order rulemaking or rules about making rules of 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.
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 of America and
France, have a single 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 its citizens with.
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 Constitutional conventions. A case named
Entick v. CarringtonEntick v. Carrington (1765) 19 Howell's State Trials 1030 illustrates a constitutional principle deriving from the common law. Mr Entick's house was searched and ransacked by Sherriff Carrington. Carrington argued that a warrant from a Government minister, the George Montague-Dunk, 2nd Earl of Halifax was valid authority, even though there was no statutory provision or court order for it. The court, led by Charles Pratt, 1st Earl 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 Two Treatises of Government,Chapter 9, Line 124, John Locke,
Second Treatise on Government (1690) 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 authorised 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 bi-cameral 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.
Constitutions by region
Click on the "show" button to bring up different countries. Those links in red have no pages written yet and are still waiting to be filled in.
See also
References
, whose principles still have constitutional value
Constitutional law is the study of foundational or basic laws of nation states and other political organizations.
Constitutions are the framework for government and may limit or define the authority and procedure of political bodies to execute new laws and regulations.
Types of constitution
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, Convention (norm), statutory law, judge made law or
international law. A common error is to refer to countries, for instance, the United Kingdom, as having an "unwritten constitution". In fact, the "constitution" is written in a vast body of books, statutes and law reports, instead of being codified into a single document, such as the Grundgesetz or the U.S. Constitution. On the other hand, some communities may lack any constitution at all, because of the complete absence of law and order. These are referred to as failed state or anarchies.
Functions of constitutions
Constitutional laws may often be considered second order rulemaking or rules about making rules of 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.
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 of America and France, have a single 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 its citizens with.
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 Constitutional conventions. A case named
Entick v. CarringtonEntick v. Carrington (1765) 19 Howell's State Trials 1030 illustrates a constitutional principle deriving from the common law. Mr Entick's house was searched and ransacked by Sherriff Carrington. Carrington argued that a warrant from a Government minister, the
George Montague-Dunk, 2nd Earl of Halifax was valid authority, even though there was no statutory provision or court order for it. The court, led by
Charles Pratt, 1st Earl 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 Two Treatises of Government,Chapter 9, Line 124, John Locke,
Second Treatise on Government (1690) 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 authorised 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 bi-cameral 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.
Constitutions by region
Click on the "show" button to bring up different countries. Those links in red have no pages written yet and are still waiting to be filled in.
See also
References
Constitutional law - Wikipedia, the free encyclopedia
Constitutional law is the study of foundational or basic laws of nation states and other political organizations. Constitutions are the framework for government and may limit or ...
Constitutional Law of Canada
Need help finding an answer? This website provides a comprehensive list of the best legal collections online. Constitutional Law at the University of Ottawa
Amazon.co.uk: Constitutional Law and National Pluralism: Stephen ...
Amazon.co.uk: Constitutional Law and National Pluralism: Stephen Tierney: Books ... Constitutional Law and National Pluralism (Paperback) by Stephen Tierney (Author) "Over the past ...
Amazon.co.uk: Studies in Constitutional Law: Colin R. Munro: Books
Amazon.co.uk: Studies in Constitutional Law: Colin R. Munro: Books ... Book Description Studies in Constitutional Law provides clear and informed accounts of the central topics of ...
TSO Online Bookshop - Constitutional Law
Online bookshop specialising in regulatory and official information. Offers a wide range of official publications, plus PRINCE2 Project Management, Pharmacopoeia, Building ...
The Centre of British Constitutional Law and History :Research centres ...
Research - CBCLH ... The Centre of British Constitutional Law and History was founded at King's College in 1988 with the approval and support of the College's School of Law ...
Constitutional Law Group
Welcome to the Constitutional Law Group. Professor Dawn Oliver of the Faculty of Laws, UCL, is convenor of the Group. The Group The CLG is the United Kingdom section of the ...
Law: Constitutional & Administrative Law
Course Co-ordinator: Irving Stevens Two terms (30 units) Two subjects in one! Well, almost. Constitutional Law is concerned with the system of government of the ...
Strathprints - Constitutional Law: Local Government
Overview and history of Local Government in Scotland. ... McFadden, Jean (1988) Constitutional Law: Local Government. In: The Laws of Scotland:
WashLaw WEB - Constitutional Law
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