Introduction to Constitutional Law

What is a constitution?

A constitution in the narrow sense is a document or set of documents intentionally drafted to form the fundamental law of a country.

What is constitutional law?

Constitutional law in the wide sense is a body of legal and political rules which concern the government of a country.

What are the three implications of a constitution?

Constitutions are antecedent- The word 'antecedent' means that constitutions are made before a country's ordinary laws are made when a country comes into existence, or when the people want a fresh start as far as their government and legal system are concerned. This can happen following independence from colonial rule, revolutions, wars, and fundamental political crises. Constitutions are an act of the people- In this context, 'the people' means everyone legally entitled to participate in the political life of the country and/or their elected representatives. They have to agree on matters like the name of the country, its territory, what legal form will take, its flag, national anthem, religion, and capital city. They also have to agree on how the country will be run and by whom and identify and state fundamental human rights. The Constitution gives a country a legal legitimacy- sets up its governmental institutions, grants them their powers, regulates them, defines the relationship between the citizen and the state, and describes fundamental human rights.

What classifies a constitution?

Constitutions may be classified as written or unwritten, flexible or rigid, monarchial or republican, federal, or unitary, supreme or subordinate to the legislature, or based on the separation of powers.

What is the British constitution?

The British Constitution is unwritten, flexible, or rigid, monarchical, unitary, subordinate to the legislature, and based on a partial or a limited degree of separation of powers.