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==Noun==
# The act, or process of setting something up, or establishing something; the [[composition]] or [[structure]] of such a thing; its [[makeup]].
# The act, or process of setting something up, or establishing something; the [[composition]] or [[structure]] of such a thing; its [[makeup]].
# The [[formal]] or [[informal]] [[system]] of [[primary]] [[principle]]s and [[law]]s that [[regulate]]s a [[government]] or other [[institution]].
# The [[formal]] or [[informal]] [[system]] of [[primary]] [[principle]]s and [[law]]s that [[regulate]]s a [[government]] or other [[institution]].
# A legal [[document]] describing such a formal system.
# A legal [[document]] describing such a formal system.
# The general [[health]] of a [[person]].
# The general [[health]] of a [[person]]
===Description===
A '''constitution''' is a system, often [[codified]] as a written document, that establishes the rules and principles that govern an organization or political entity. In the case of countries, this term refers specifically to a national constitution defining the fundamental [[politics|political]] principles, and establishing the structure, procedures, [[power (sociology)|power]]s and [[duty|duties]], of a [[government]]. Most national constitutions also guarantee certain [[right]]s to the people. Historically, before the evolution of modern-style, codified national constitutions, the term ''constitution'' could be applied to any important [[law]] that governed the functioning of a government.
Constitutions are found in many organizations. They are found extensively in government, at [[supranational]] (e.g. [[European Union]]), [[nation]]al (e.g. [[United States Constitution]]), and [[administrative division|sub-national]] or [[provincial]] (e.g. [[Maryland Constitution|Constitution of Maryland]]) levels. They are found in many political groups, such as [[political party|political parties]], [[pressure group]]s, and [[trade union]]s. Non-political entities may also have constitutions, for example, [[company (law)|companies]] and [[voluntary association|voluntary organizations]].
== Etymology ==
The term ''constitution'' comes from [[Latin]], referring to issuing any important law, usually by the Roman emperor. Later, the term was widely used in [[canon law]] to indicate certain relevant decisions, mainly from the [[pope]].
== General features ==
Generally, all constitutions confer specific powers to an organization on the condition that it abides by this constitution or charter limitation.
The Latin term ''[[ultra vires]]'' describes activities of officials within an organization or polity that fall outside the constitutional or statutory authority of those officials. For example, a [[students' union]] may be prohibited as an organization from engaging in activities not concerning students; if the union becomes involved in non-student activities these activities are considered ''ultra vires'' of the union's charter. An example from the constitutional law of nation-states would be a provincial government in a federal state trying to legislate in an area exclusively enumerated to the federal government in the constitution, such as ratifying a treaty. ''Ultra vires'' gives a legal justification for the forced cessation of such action, which might be enforced by the people with the support of a decision of the [[judiciary]], in a case of [[judicial review]]. A violation of rights by an official would be ''ultra vires'' because a (constitutional) right is a restriction on the powers of government, and therefore that official would be exercising powers he doesn't have.
When an official act is found to be unconstitutional, perhaps by a court, that act is considered ''null and void'', and the nullification is ''ab initio'', that is, from inception, not from the date of the finding. It was never "law", even though, if it had been a statute or statutory provision, it might have been adopted according to the procedures for adopting legislation. Sometimes the problem is not that a statute is unconstitutional, but the application of it is, on a particular occasion, and a court may decide that while there are ways it could be applied that are constitutional, that instance was not allowed or legitimate. In such a case, only the application may be ruled unconstitutional. Historically, the remedy for such violations have been petitions for common law [[writ]]s, such as ''[[quo warranto]]''.
==History and development==
Excavations in modern-day [[Iraq]] by [[Ernest de Sarzec]] in 1877 found evidence of the earliest known code of justice, issued by the [[Sumer]]ian king [[Urukagina]] of [[Lagash]] ca. 2300 BC. Perhaps the earliest prototype for a law of government, this document itself has not yet been discovered; however it is known that it allowed some [[right]]s to his citizens. For example, it is known that it relieved tax for widows and orphans, and protected the poor from the [[usury]] of the rich.
After that, many governments ruled by special codes of written laws. The oldest such document still known to exist seems to be the [[Code of Ur-Nammu]] of [[Ur]] (ca. 2050 BC). Some of the more well known among these include the [[code of Hammurabi]] of [[Babylonia]], the [[Hittites|Hittite]] code, the [[Assyria]]n code, [[Mosaic law]], and likewise the commandments of [[Cyrus the Great]] of [[Persia]].
In 621 BC, a scribe named [[Draco (lawgiver)|Draco]] wrote the laws of the city-state of [[Athens]]; and being quite cruel, this code prescribed the death penalty for any offence. In 594 BC, [[Solon]], the ruler of Athens, created the new [[Solonian Constitution]]. It eased the burden of the workers, however it made the ruling class to be determined by wealth, rather than by birth. [[Cleisthenes of Athens|Cleisthenes]] again reformed the Athenian constitution and set it on a democratic footing in [[508]] BC.
[[Aristotle]] (c. 350 BC) was one of the first in recorded history to make a formal distinction between ordinary law and constitutional law, establishing ideas of constitution and [[constitutionalism]], and attempting to classify different forms of constitutional government. The most basic definition he used to describe a constitution in general terms was "the arrangement of the offices in a state". In his works ''[[Constitution of Athens]]'', [[Politics (Aristotle)|Politics]], and [[Nicomachean Ethics]] he explored different forms of constitutions, especially those of [[Constitution of Athens|Athens]] and [[Lycurgus|Sparta]]. He classified both what he regarded as good and bad constitutions, and came to the conclusion that the best constitution was a mixed system, including monarchic, aristocratic, and democratic elements. He also distinguished between citizens, who had the exclusive opportunity to participate in the state, and non-citizens and slaves who did not.
The Romans first codified their constitution in 449 BC as the ''[[Twelve Tables]]''. They operated under a series of laws that were added from time to time, but [[Roman law]] was never reorganised into a single code until the ''[[Codex Theodosianus]]'' (AD 438); later, in the Eastern Empire the ''[[Codex Justinianus]]'' (534) was highly influential throughout Europe. This was followed in the east by the ''Ecloga'' of [[Leo III the Isaurian]] (740) and the ''Basilica'' of [[Basil I]] (878).
Many of the Germanic peoples that filled the power vacuum left by the Western Roman Empire in the [[Early Middle Ages]] codified their laws. One of the first of these [[Germanic tribal laws|Germanic law codes]] to be written was the Visigothic ''Code of [[Euric]]'' (471). This was followed by the ''[[Lex Burgundionum]]'', applying separate codes for Germans and for Romans; the ''[[Lex Alamannorum|Pactus Alamannorum]]''; and the [[Salic Law]] of the [[Franks]], all written soon after 500. In 506, the [[Breviary of Alaric|''Breviarum'']] or ''"Lex Romana"'' of [[Alaric II]], king of the Visigoths, adopted and consolidated the ''Codex Theodosianus'' together with assorted earlier Roman laws. Systems that appeared somewhat later include the ''[[Edictum Rothari]]'' of the [[Lombards]] (643), the ''[[Lex Visigothorum]]'' (654), the ''[[Lex Alamannorum]]'' (730) and the ''[[Lex Frisionum]]'' (c. 785).
[[Japan]]'s ''[[Seventeen-article constitution]]'' written in [[604]], reportedly by [[Prince Shotoku|Prince Shōtoku]], is an early example of a constitution in Asian political history. Influenced by [[Buddhism|Buddhist]] teachings, the document focuses more on social morality than institutions of government ''per se'' and remains a notable early attempt at a government constitution. Another is the ''[[Constitution of Medina]]'', drafted by the prophet of [[Islam]], [[Muhammad]], in [[622]].
The ''[[Gayanashagowa]]'', or 'oral' constitution of the [[Iroquois]] nation, has been estimated to date from between 1090 and 1150, and is also thought by some to have provided a partial inspiration for the US Constitution.
In [[England]], [[Henry I of England|King Henry I's]] proclamation of the [[Charter of Liberties]] in [[1100]] bound the king for the first time in his treatment of the clergy and the nobility. This idea was extended and refined by the English barony when they forced [[John of England|John]] to sign the ''[[Magna Carta]]'' in [[1215]]. The most important single article of the ''Magna Carta'', related to "''[[habeas corpus]]''", provided that the king was not permitted to imprison, outlaw, exile or kill anyone at a whim -- there must be [[due process]] of law first. This article, Article 39, of the ''Magna Carta'' read:
''No free man shall be arrested, or imprisoned, or deprived of his property, or outlawed, or exiled, or in any way destroyed, nor shall we go against him or send against him, unless by legal judgement of his peers, or by the law of the land.''
This provision became the cornerstone of English liberty after that point. The [[social contract]] in the original case was between the king and the nobility, but was gradually extended to all of the people. It led to the system of [[Constitutional Monarchy]], with further reforms shifting the balance of power from the monarchy and nobility to the [[British House of Commons|House of Commons]].
Between 1220 and 1230, a Saxon administrator, [[Eike von Repgow]], composed the ''[[Sachsenspiegel]]'', which became the supreme law used in parts of Germany as late as 1900.
In 1236, [[Sundiata Keita]] presented an oral constitution federating the [[Mali Empire]], called the ''[[Kouroukan Fouga]]''.
Meanwhile, around 1240, the [[Copt]]ic Egyptian Christian writer, [['Abul Fada'il Ibn al-'Assal]], wrote the ''[[Fetha Negest]]'' in [[Arabic language|Arabic]]. 'Ibn al-Assal took his laws partly from apostolic writings and Mosaic law, and partly from the former Byzantine codes. There are a few historical records claiming that this law code was translated into [[Ge'ez language|Ge'ez]] and entered Ethiopia around [[1450]] in the reign of [[Zara Yaqob]]. Even so, its first recorded use in the function of a constitution (supreme law of the land) is with [[Sarsa Dengel]] beginning in 1563. The ''Fetha Negest'' remained the supreme law in Ethiopia until 1931, when a modern-style Constitution was first granted by Emperor [[Haile Selassie]] I.
The earliest written constitution still governing a sovereign nation today may be that of [[San Marino]]. The ''[[Constitution of San Marino|Leges Statutae Republicae Sancti Marini]]'' was written in [[Latin]] and consists of six books. The first book, with 62 articles, establishes councils, courts, various executive officers and the powers assigned to them. The remaining books cover criminal and civil [[law]], judicial procedures and remedies. Written in [[1600]], the document was based upon the ''Statuti Comunali'' (Town Statute) of [[1300]], itself influenced by the ''Codex Justinianus'', and it remains in force today.
In 1639, the [[Colony of Connecticut]] adopted the [[Fundamental Orders]], which is considered the first North American constitution, and is the basis for every new Connecticut constitution since, and is also the reason for [[Connecticut]]'s nickname, the [[Constitution State]].
The [[Corsican Constitution]] of 1755 and the [[Swedish Constitution of 1772]] were the first post-Enlightenment constitutions in Europe. The [[Massachusetts|Commonwealth of Massachusetts]] adopted its constitution in [[1780]], before the ratification of the [[Articles of Confederation]] and the United States Constitution. It is probably the oldest still-functioning ''nominal'' constitution, that is, where the document specifically declares itself to be a constitution. The [[United States Constitution]], ratified [[1789]], was influenced by the British constitutional system and the political system of the [[United Provinces]], plus the writings of [[Polybius]], [[John Locke|Locke]], [[Charles de Secondat, Baron de Montesquieu|Montesquieu]], and others. The document became a benchmark for [[republicanism|republican]] and codified constitutions written thereafter and is commonly believed to be the oldest modern, national, codified constitution in the world. The second in the world, but first in Europe, was the [[Polish-Lithuanian Commonwealth]] [[Constitution of May 3, 1791]].
== Principles of constitutional design ==
Government in some form goes back to when people were hunter-gatherers and lived in villages, and a common design consisting of a 'council of elders", a "chief" who led hunting or war-making activities, and one or more "priests" who provided a religious guidance or sanction to various activities. Fried, Morton H. ''The Notion of Tribe''. Cummings Publishing Company, [[1975]]. ISBN 0-8465-1548-2 As people began to establish nations or empires and lived in cities, this design evolved into monarchical or feudal patterns, with conquerors or strongmen claiming to rule by "[[Divine Right of Kings|divine right]]". Such rule led some thinkers to take the position that what mattered was not the design of governmental institutions and operations, but the character of the rulers. This view can be seen in [[Plato]], who called for rule by "philosopher-kings".<ref>''[http://www.constitution.org/pla/repub_07.h|Aristotle, by Francesco Hayez]]
[[Aristotle]] (c. 350 BC) was one of the first in recorded history to make a formal distinction between ordinary law and constitutional law, establishing ideas of constitution and [[constitutionalism]], and attempting to classify different forms of constitutional government. The most basic definition he used to describe a constitution in general terms was "the arrangement of the offices in a state". In his works ''[[Constitution of Athens]]'', [[Politics (Aristotle)|Politics]], and [[Nicomachean Ethics]] he explored different forms of constitutions, especially those of [[Constitution of Athens|Athens]] and [[Lycurgus|Sparta]]. He classified both what he reBUTJSKFDHAHDSAic elements. He also distinguished between citizens, who had the exclusive opportunity to participate in the state, and non-citizens and slaves who did not. Later writers, such as [[Cicero]] and [[Plutarch]], would examine designs for government from a legal and historical standpoint.
The [[Renaissance]] brought a series of political philosophers who wrote implied criticisms of the practices of monarchs and sought to identify principles of constitutional design that would be likely to yield more effective and just governance from their viewpoints. This began with revival of the Roman [[law of nations]] concept ''[http://www.constitution.org/victoria/victoria_.htm Relectiones]'', Franciscus de Victoria (lect. 1532, first pub. 1557). and its application to the relations among nations, and they sought to establish customary "laws of war and peace" ''[http://www.constitution.org/gro/djbp.htm The Law of War and Peace]'', Hugo Grotius (1625) to ameliorate wars and make them less likely. This led to considerations of what authority monarchs or other officials have and don't have, from where that authority derives, and the remedies for abusing such suthority. ''[http://www.constitution.org/vct/vct.htm Vindiciae Contra Tyrannos (Defense of Liberty Against Tyrants)]'', "Junius Brutus" (Orig. Fr. 1581, Eng. tr. 1622, 1689)
A seminal juncture in this line of discourse arose in England from the [[English Civil War|Civil War]], the [[Oliver Cromwell|Cromwellian Protectorate]], the writings of [[Thomas Hobbes]], [[Samuel Rutherford]], the [[Levellers]], [[John Milton]], and [[James Harrington]], leading to the debate between [[Robert Filmer]], arguing for the divine right of monarchs, on the one side, and on the other, [[Henry Neville (writer)|Henry Neville]], [[James Tyrrell (writer)|James Tyrrell]], [[Algernon Sidney]], and [[John Locke]]. What arose from the latter was a concept of government being erected on the foundations of first, a state of nature governed by natural laws, then a state of society, established by a [[social contract]] or compact, which bring underlying natural or social laws, before governments are formally established on them as foundations.
Along the way several writers examined how the design of government was important, even if the government were headed by a monarch. They also classified various historical examples of governmental designs, typically into democracies, aristocracies, or monarchies, and considered how just and effective each tended to be and why, and how the advantages of each might be obtained by combining elements of each into a more complex design that balanced competing tendencies. Some, such as [[Montesquieu]], also examined how the functions of government, such as legislative, executive, and judicial, might appropriately be separated into branches. The prevailing theme among these writers was that the design of constitutions is not completely arbitrary or a matter of taste. They generally held that there are underlying principles of design that constrain all constitutions for every polity or organization. Each built on the ideas of those before concerning what those principles might be.
The later writings of [[O.A. Brownson]] [http://www.constitution.org/oab/am_rep.htm] ''The American Republic: its Constitution, Tendencies, and Destiny'', O. A. Brownson (1866)] would try to explain what constitutional designers were trying to do. According to Brownson there are, in a sense, three "constitutions" involved: The first the ''constitution of nature'' that includes all of what was called "natural law". The second is the ''constitution of society'', an unwritten and commonly understood set of rules for the society formed by a [[social contract]] before it establishes a government, by which it establishes the third, a ''constitution of government''. The second would include such elements as the making of decisions by public [[Convention (meeting)|convention]]s called by [[public notice]] and conducted by established [[Parliamentary procedure|rules of procedure]]. Each constitution must be consistent with, and derive its authority from, the ones before it, as well as from a historical act of society formation or constitutional ratification. Brownson argued that a [[state]] is a society with effective dominion over a well-defined territory, that consent to a well-designed constitution of government arises from presence on that territory, and that it is possible for provisions of a written constitution of government to be "unconstitutional" if they are inconsistent with the constitutions of nature or society. Brownson argued that it is not ratification alone that makes a written constitution of government legitimate, but that it must also be competently designed and applied.
Other writers ''Principles of Constitutional Design'', Donald S. Lutz (2006) ISBN 0521861683 have argued that such considerations apply not only to all national constitutions of government, but also to the constitutions of private organizations, that it is not an accident that the constitutions that tend to satisfy their members contain certain elements, as a minimum, or that their provisions tend to become very similar as they are amended after experience with their use. Provisions that give rise to certain kinds of questions are seen to need additional provisions for how to resolve those questions, and provisions that offer no course of action may best be omitted and left to policy decisions. Provisions that conflict with what Brownson and others can discern are the underlying "constitutions" of nature and society tend to be difficult or impossible to execute, or to lead to unresolvable disputes.
== Governmental constitutions ==
Most commonly, the term ''constitution'' refers to a set of rules and principles that define the nature and extent of government. Most constitutions seek to regulate the relationship between institutions of the state, in a basic sense the relationship between the executive, legislature and the judiciary, but also the relationship of institutions within those branches. For example, executive branches can be divided into a head of government, government departments/ministries, executive agencies and a [[civil service]]/bureaucracy. Most constitutions also attempt to define the relationship between individuals and the state, and to establish the broad rights of individual citizens. It is thus the most basic law of a territory from which all the other laws and rules are hierarchically derived; in some territories it is in fact called "[[Basic Law]]".
===Key features===
The following are features of democratic constitutions that have been identified by political scientists to exist, in one form or another, in virtually all national constitutions.
====Codification====
A fundamental classification is codification or lack of codification. A codified constitution is one that is contained in a single document, which is the single source of constitutional law in a state. An uncodified constitution is one that is not contained in a single document, consisting of several different sources, which may be written or unwritten.
===== Codified constitution =====
Most states in the world have a codified constitution. Only three nations, [[Israel]], [[New Zealand]] and the [[United Kingdom]], have uncodified constitutions as of [[October]] [[as of 2006|2006]]. The most obvious advantages of codified constitutions are that they tend to be more coherent and more easily understood, as well as simpler to read (being single documents). However, although codified constitutions are relatively rigid, they still yield a potentially wide range of interpretations by [[constitutional court]]s (see [[Constitution#Constitutional courts|below]]).
Codified constitutions are usually the product of dramatic political change, such as a [[revolution]] {{Fact|date=April 2007}}. For example, the [[United States Constitution]] was written and subsequently ratified less than 25 years after the [[American Revolution]]. The process by which a country adopts a constitution is closely tied to the historical and political context driving this fundamental change. This becomes evident when one compares the elaborate convention method adopted in the United States with the [[Douglas MacArthur|MacArthur]] inspired post war constitution foisted on Japan (see [[Constitution of Japan]]). Arguably the legitimacy (and often the longevity) of codified constitutions are tied to the process by which they are initially adopted.
States that have codified constitutions normally give the constitution supremacy over ordinary [[statute]] law. That is, if there is a conflict between a legal statute and the codified constitution, all or part of the statute can be declared ''[[ultra vires]]'' by a court and struck down as [[Constitutionality|unconstitutional]]. In addition, an extraordinary procedure is often required to make a [[constitutional amendment]]. These procedures may involve: obtaining ⅔ majorities in the national legislature, the consent of regional legislatures, a [[referendum]] process or some other procedure that makes obtaining a constitutional amendment more difficult than passing a simple law.
The [[Constitution of Australia]] is an example of a constitution in which constitutional law mainly derives from a single written document, but other written documents are also considered part of the constitution. The [[Constitution of India]] is the longest codified constitution in the world. President Kermit L. Hall - The Power of Comparison in Teaching Civic Literacy. Accessed March 3, 2007. [http://www.albany.edu/president/speeches/power_of_comparison0706.shtml] It is unique in that it incorporates codes from many other constitutions like those of Japan, Malaysia, and [[Anglosphere]] countries. Constitution Of India, 2007. Accessed March 3, 2007. [http://en.wikipedia.org/wiki/Constitution_of_India]
===== Uncodified constitution =====
Uncodified constitutions are the product of an "evolution" of laws and conventions over centuries. By contrast to codified constitutions, in the [[Westminster System|Westminster]] tradition that originated in [[England]], uncodified constitutions include written sources: e.g. constitutional statutes enacted by the Parliament ([[House of Commons Disqualification Act 1975]], Northern Ireland Act 1998, [[Scotland Act 1998]], [[Government of Wales Act 1998]], [[European Communities Act 1972]] and [[Human Rights Act 1998]]); and also unwritten sources: [[Constitutional convention (political custom)|constitutional conventions]], observation of [[precedent]]s, [[royal prerogative]]s, [[convention (norm)|custom]] and tradition, such as always holding the General Election on Thursdays; together these constitute the [[British constitutional law]]. In the days of the [[British Empire]], the [[Judicial Committee of the Privy Council]] acted as the constitutional court for many of the British colonies such as [[Canada]] and [[Australia]] which had federal constitutions.
In states using uncodified constitutions, the difference between constitutional law and [[Statute|statutory]] law (i.e. law applying to any area of governance) in legal terms is nil. Both can be altered or repealed by a simple majority in Parliament. In practice, democratic governments do not use this opportunity to abolish all civil rights, which in theory they could do, but the distinction between regular and constitutional law is still somewhat arbitrary, usually depending on the traditional devotion of popular opinion to historical principles embodied in important past legislation. For example, several [[Acts of Parliament]] such as the [[English Bill of Rights|Bill of Rights]], [[Human Rights Act 1998|Human Rights Act]] and, prior to the creation of Parliament, [[Magna Carta]] are regarded as granting fundamental rights and principles which are treated as almost constitutional.
''See also'': [[Fundamental Laws of England]]
===== Written versus codified =====
The term ''written constitution'' is used to describe a constitution that is entirely written, which by definition includes every codified constitution. However, some constitutions are entirely written but, strictly speaking, not entirely codified. For example, in the [[Constitution of Australia]], most of its fundamental political principles and regulations concerning the relationship between branches of government, and concerning the government and the individual are codified in a single document, the Constitution of the Commonwealth of Australia. However, the presence of statutes with constitutional significance, namely the [[Statute of Westminster]], as adopted by the Commonwealth in the [[Statute of Westminster Adoption Act 1942]], and the [[Australia Act 1986]] means that Australia's constitution is not contained in a single constitutional document. The [[Constitution of Canada]], which evolved from the [[British North America Acts]] until severed from nominal British control by the [[Canada Act 1982]] (analogous to the Australia Act 1986), is a similar example.
The term ''written constitution'' is often used interchangeably with ''codified constitution'', and similarly ''unwritten constitution'' is used interchangeably with ''uncodified constitution''. As shown above, this usage with respect to written and codified constitutions can be inaccurate. Strictly speaking, ''unwritten constitution'' is never an accurate synonym for ''uncodified constitution'', because all modern democratic constitutions consist of some written sources, even if they have no different technical status than ordinary statutes. Another term used is ''formal (written) constitution'', for example in the following context: "The United Kingdom has no formal constitution". This usage is correct, but it should be construed to mean that the United Kingdom does not have a written constitution, not that the UK has no constitution of any kind, which would not be correct.
A constitution can be written but not codified. Codified would suggest written in one document. This means that a constitution that has a number of written sources is still written, but not codified.
====Entrenchment====
The presence or lack of entrenchment is a fundamental feature of constitutions. Entrenchment refers to whether the constitution is legally protected from modification without a procedure of [[constitutional amendment]]. Entrenchment is an inherent feature in most written constitutions. The US constitution is an example of an entrenched constitution, and the UK constitution is an example of a constitution that is not entrenched.
The procedure for modifying a constitution is often called ''[[constitutional amendment|amending]]''. Amending an entrenched constitution requires more than the approval of the national legislature, it requires wider acceptance. Sometimes, the reason for this is that the constitution is considered supreme law, such as according to the [[supremacy clause]] in the US constitution. Regardless of whether a constitution has this technical status, all states with an entrenched constitution recognise the difference between constitutional law and ordinary statutory law. Procedures for ratification of constitutional amendments vary between states. In a federal system of government, the approval of a majority of state/provincial legislatures may be required. Alternatively, a national referendum may be required in some states, such as in Australia.
In constitutions that are not entrenched, no special procedure is required for modification. In the small number of countries with un-entrenched constitutions, the lack of entrenchment is because the constitution is not recognised with any higher legal status than ordinary [[statutes]]. In the UK, for example, passing laws which modify sources of the constitution, whether they are written or unwritten, are passed on a simple majority in [[Parliament of the United Kingdom|Parliament]]. The concept of "amendment" does not apply, as the constitution can be altered as easily in terms of procedure as any national law.
====Distribution of sovereignty====
Constitutions also establish where sovereignty is located in the state. There are three basic types of distribution of sovereignty: federal, unitary and confederal. A [[federalism|federal system of government]] will inevitably have a constitution that recognizes the division of sovereignty between the centre and peripheral/provincial regions of the state. The [[Canadian Constitution]] is an example of this, dividing power between the federal government and the provinces. A unitary constitution recognises that sovereignty resides only in the centre of the state. In the UK, the constitutional doctrine of [[Parliamentary sovereignty]] dictates than sovereignty is ultimately contained at the centre. Confederal constitutions are rare, and there is often dispute to whether so-called "confederal" states are actually federal. In a confederacy, sovereignty is located in peripheral regions/provinces and only limited power is granted to the centre. A historical example of a confederal constitution is the [[Swiss Federal Constitution]].
====Separation of powers====
Constitutions usually explicitly divide power between various branches of government. The standard model, described by [[Charles de Secondat, baron de Montesquieu|Baron de Montesquieu]], involves three branches of government: [[executive branch|executive]], [[legislature|legislative]] and [[judiciary|judicial]]. Some constitutions include additional branches, such as an [[audit|auditory branch]]. Constitutions vary extensively as to the degree of [[separation of powers]] between these branches.
====Lines of accountability====
In [[presidential]] and [[semi-presidential]] systems of government, department secretaries/ministers are accountable to the [[president]], who has patronage powers to appoint and dismiss ministers. The president is accountable to the people in an election.
In [[parliamentary]] systems, ministers are accountable to [[Parliament]], but it is the [[prime minister]] who appoints and dismisses them. In [[Westminster System|Westminster systems]], this power derives from the monarch (or head of state in Westminster-style republics, such as [[India]] and the [[Republic of Ireland]]), a component of Parliament. There is the concept of a [[vote of no confidence]] in many countries with parliamentary systems, which means that if a majority of the legislature vote for a no confidence motion, then the government must resign, and a new one will be formed, or parliament will be dissolved and a general election called.
===Façade constitutions===
Italian political theorist [[Giovanni Sartori]] noted the existence of national constitutions which are a façade for authoritarian sources of power. While such documents may express respect for [[human rights]] or establish an independent judiciary, they may be ignored when the government feels threatened or entirely dishonoured in practice. An extreme example was the [[Constitution of the Soviet Union]] that on paper supported [[freedom of assembly]] or [[freedom of speech]]; however, citizens who acted accordingly were summarily [[Political prisoner|imprisoned]]. The example demonstrates that the protections and benefits of a constitution are provided less through its written terms, but more through deference by government and society to its principles.
==Constitutional courts==
The constitution is often protected by a certain legal body in each country with various names, such as ''supreme'', ''constitutional'' or ''high'' court. This court judges the compatibility of legislation with the provisions and principles of the constitution, which is termed "constitutionality". Especially important is the court's responsibility to protect constitutionally established rights and freedoms. In constitutions without the concept of supreme law, such as the United Kingdom constitution, the concept of "constitutionality" has little meaning, and constitutional courts do not exist.
A "constitutional violation" is an action or legislative act that is judged by a constitutional court to be contrary to the constitution, that is, "unconstitutional". An example of constitutional violation by the executive could be a [[politician]] who abuses the powers of his constitutionally-established office. An example of constitutional violation by the legislature is an attempt to pass a law that would contradict the constitution, without first going through the proper [[constitutional amendment]] process.
A constitutional court is normally the [[court of last resort]], the highest judicial body in the government. The process of [[judicial review]] is then integrated into the system of [[court of appeals|courts of appeal]]. This is the case, for example, with the [[Supreme Court of the United States]]. Cases must normally be heard in lower courts before being brought before the Supreme Court, except cases for which the Supreme Court has [[original jurisdiction]]. Some other countries dedicate a special court solely to the protection of the constitution, as with the [[Federal Constitutional Court of Germany|German Constitutional Court]]. Most constitutional courts are powerful instruments of judicial review, with the power to declare laws "unconstitutional", that is, incompatible with the constitution. The effect of this ruling varies between governments, but it is common for the courts' action to rule a law unenforceable, as is the case in the United States. However, many courts have the problem of relying on the legislative and executive branches' co-operation to properly enforce their decisions. For example, in the United States, the Supreme Court's ruling overturning the "separate but equal" doctrine in the 1950s depended on individual states co-operation to enforce. Some failed to do so, prompting the federal government to intervene. Other countries, such as France, have a [[Constitutional Council of France|Constitutional Council]] which may only judge the constitutionality of laws before the ratification process.
Some countries, mainly those with uncodified constitutions, have no such courts at all – for example, as the [[United Kingdom]] traditionally functions under the principle of [[parliamentary sovereignty]]: the legislature has the power to enact any law it wishes. However, through its membership in the [[European Union]], the UK is now subject to the jurisdiction of [[European Union law]] and the [[European Court of Justice]]; similarly, by acceding to the [[Council of Europe]]'s [[European Convention on Human Rights]], it is subject to the [[European Court of Human Rights]]. In effect, these bodies are constitutional courts that can invalidate or interpret UK legislation, first established as a principle by the [[Factortame case]].
==See also==
* [[Apostolic constitution]] (a class of [[Roman Catholic Church]] documents)
* [[Company (law)#Corporate constitution|Corporate constitution]]
* [[Treaty establishing a Constitution for Europe|Proposed European Union constitution]]
* [[List of national constitutions]]
* [[United Nations]] [[United Nations Charter|Charter]]
'''Judicial philosophies of constitutional interpretation'''
''(note: generally specific to [[United States constitutional law]])''
*[[Judicial activism]]
*[[Judicial restraint]]
*[[Originalism]]
*[[Strict constructionism]]
*[[Textualism]]
==References==
*[http://www.parliament.the-stationery-office.co.uk/pa/ld200203/ldselect/ldconst/168/16809.htm#note92 Report on the British constitution and proposed European constitution by Professor John McEldowney, University of Warwick] Submitted as written evidence to House of Lords Select Committee on Constitution, published to the public on [[15 October]] [[2003]].
==External links==
*Audio Commentary [http://www.adventuresinlegalland.com/images/stories/audio/spooner_no_treason_full.mp3 No Treason: The Constitution by L. Spooner] mp3
*[http://www.oefre.unibe.ch/law/icl ''International Constitutional Law'':] English translations of various national constitutions
*[http://www.constitution.org/ The Constitution Society] Research and public education on the principles of [[Constitutionalism|constitutional republican government]]
*[http://etext.lib.virginia.edu/cgi-local/DHI/dhi.cgi?id=dv1-61 ''Dictionary of the History of Ideas'':] Constitutionalism
*[http://www.staff.amu.edu.pl/~wroblew/html/en_pr_konst.html ''Constitutional Law''] "Constitutions, bibliography, links"
*[http://www.nccs.net/ U.S. National Center for Constitutional Studies]
* [http://www.usip.org/pubs/specialreports/sr107.html Democratic Constitution Making] [[U.S. Institute of Peace]] Report, July 2003
*[http://www.archives.gov/national-archives-experience/charters/constitution.html Images of the Constitution] and downloadable high-resolution images from the National Archives.
===Some national constitutions===
(All in English unless otherwise noted)
*[http://www.constitution.org/cons/natlcons.htm List of National Constitutions]
*[http://confinder.richmond.edu Constitution Finder]
* [http://pdba.georgetown.edu/Constitutions/Argentina/argentina.html Argentina]
* [http://www.aph.gov.au/senate/general/constitution/ Australia]
* [http://www.fed-parl.be/constitution_uk.html Belgium]
* [http://www.senate.be/doc/const_nl.html
* [http://www.senate.be/doc/const_fr.html
* [http://www.senate.be/deutsch/const_de.html]
* [http://www.planalto.gov.br/CCIVIL_03/Constituicao/Constitui%C3%A7ao.htm Brazil, in Portuguese]
* [http://www.parliament.bg/?page=const&lng=en Bulgaria] [http://www.parliament.bg/?page=const&lng=bg
* [http://laws.justice.gc.ca/en/const/index.html Canada [http://laws.justice.gc.ca/fr/const/index.html]
* [http://en.wikisource.org/wiki/Constitution_of_the_People%27s_Republic_of_China People's Republic of China]
* [http://www.presidencia.gov.co/prensa_new/constitucion/index.pdf Colombia (PDF)]
* [http://en.wikisource.org/wiki/Constitution_of_Cuba Cuba]
* [http://www.folketinget.dk/pdf/constitution.pdf Denmark]
*[http://www.legaltext.ee/en/andmebaas/tekst.asp?loc=text&dok=X0000&pg=&tyyp=&query=&ptyyp=&keel=en Estonia][http://www.legaltext.ee/en/andmebaas/tekst.asp?loc=text&dok=X0000&pg=&tyyp=&query=&ptyyp=&keel=et
* [http://www.finlex.fi/en/laki/kaannokset/1999/en19990731.pdf Finland]
* [[:fr:Constitutions françaises|France]]
* [http://www.bundesregierung.de/nn_22672/Webs/Breg/EN/Federal-Government/FunctionAndConstitutionalBasis/BasicLaw/ContentofBasicLaw/content-of-basic-law.html Germany]
* [http://www.parliament.ge/files/68_1944_216422_konst.pdf Georgia]
* [http://www.parliament.gr/english/politeuma/syntagma.pdf Greece]
* [http://www.friends-partners.org/oldfriends/constitution/const-hungary.html Hungary]
* [http://www.government.is/constitution/ Iceland]
* [http://indiacode.nic.in/coiweb/welcome.html India]
* [http://mellat.majlis.ir/CONSTITUTION/ENGLISH.HTM Iran]
* [http://www.taoiseach.gov.ie/index.asp?docID=262 Republic of Ireland] [http://www.taoiseach.gov.ie/attached_files/Pdf%20files/Constitution%20of%20IrelandNov2004.pdf
* [http://www.concourt.am/wwconst/constit/italy/italy--e.htm Italy] [http://www.quirinale.it/costituzione/costituzione.htm {{smaller|in Italian}}]
* [http://en.wikisource.org/wiki/Constitution_of_Japan Japan]
* [http://en.wikisource.org/wiki/Constitution_of_the_Republic_of_Korea South Korea] [http://ko.wikisource.org/wiki/%EB%8C%80%ED%95%9C%EB%AF%BC%EA%B5%AD_%ED%97%8C%EB%B2%95 Korean}}]
* [http://www.mediaclub.cg.yu/Ustav/ Montenegro]
* [http://www.pap.gov.pk/constitu/mconstitu.htm Pakistan]
* [http://www.gov.ph/aboutphil/constitution.asp Philippines]
* [http://www.sejm.gov.pl/prawo/konst/angielski/kon1.htm Poland]
* [http://www.constitution.ru/en/10003000-01.htm Russia]
* [http://www.parlamento.pt/ingles/cons_leg/crp_ing/index.html Portugal] [http://www.parlamento.pt/ingles/cons_leg/Constitution_definitive.pdf {{smaller|PDF}}]
*: [http://www.parlamento.pt/const_leg/crp_port/index.html {{smaller|in Portuguese}}] [http://www.parlamento.pt/const_leg/crp_port/constpt2005.pdf {{smaller|PDF}}]
*: [http://www.parlamento.pt/frances/const_leg/crp_franc/index.html {{smaller|in French}}]{{·}} [http://www.parlamento.pt/espanhol/const_leg/crp_esp/index.html {{smaller|in Spanish}}]
* [http://www.humanrights.lv/doc/latlik/satver~1.htm Latvia] [http://www.saeima.lv/Likumdosana/satversme_izdr.htm {{smaller|in Latvian}}]
* [http://www3.lrs.lt/cgi-bin/preps2?Condition1=211295&Condition2= Lithuania]
* [http://odin.dep.no/odin/engelsk/norway/system/032005-990424/index-dok000-b-n-a.html Norway] [http://www.lovdata.no/all/hl-18140517-000.html {{smaller|in Norwegian}}]
* [http://www.riksdagen.se/templates/R_Page____6357.aspx Sweden]
* [http://www.admin.ch/ch/itl/rs/1/c101ENG.pdf Switzerland]
*: [http://www.admin.ch/ch/d/sr/c101.html {{smaller|in German}}]{{·}} [http://www.admin.ch/ch/f/rs/c101.html {{smaller|in French}}]{{·}} [http://www.admin.ch/ch/i/rs/c101.html {{smaller|in Italian}}]
*: [http://www.admin.ch/ch/itl/rs/1/index.htm {{smaller|Index to other languages}}]
* {{es}} [http://constitucion.presidencia.gob.mx/docs/constitucion.pdf Mexico]
* [http://www.gio.gov.tw/info/news/constitution.htm Republic of China (Taiwan)]
*: [http://www.gio.gov.tw/info/news/additional.htm {{smaller|Additional articles}}]
* [http://statutes.agc.gov.sg Singapore]
* [http://www.info.gov.za/documents/constitution/index.htm South Africa]
* [http://www.byegm.gov.tr/mevzuat/anayasa/anayasa-ing.htm Turkey]
* [http://www.turkmenistan.gov.tm/countri/c&konst.html Turkmenistan]
*: [http://www.uta.edu/cpsees/TURKCON.htm {{smaller|in English}}]
* [http://www.findlaw.com/casecode/constitution/ United States]
*: {{smaller|[[United States Constitution|Annotated version]]}}{{·}} [http://finduslaw.com/us_constitution_5th_and_14th_amendments {{smaller|Amendments}}]
* [http://britishconstitution.blogspot.com United Kingdom of Great Britain and Northern Ireland]
* [http://www.vheadline.com/printer_news.asp?id=6831 Venezuela]
[[Category: General Reference]]
[[Category: General Reference]]
