Malcolm Rivera
A constitution is a set of fundamental principles that form the legal basis of a country, organisation, or other types of entities, and determines how that entity is governed. It defines the role, powers, and structure of different entities within a state, such as the executive, parliament, and judiciary, as well as the basic rights of citizens. A legal code, on the other hand, refers to a specific set of laws or regulations that govern a particular area of conduct. For example, the US Constitution is the nation's fundamental law, while Congress passes specific laws that are interpreted and applied by the courts. The UK, on the other hand, does not have a single constitutional document; its constitution is spread across various Acts of Parliament, court cases, and treaties, making it harder to decipher.
| Characteristics | Values |
|---|---|
| Nature | A constitution is a set of fundamental principles that form the legal basis of a country, company, or association. A legal code is a set of laws that govern a country. |
| Number of documents | A constitution is usually a single document or a set of documents. A legal code can be part of a constitution. |
| Ease of change | A constitution is difficult to change. A legal code can be easier to change. |
| Relation to judiciary | A constitution establishes the judiciary. A legal code is interpreted by the judiciary. |
| Relation to regular law | A constitution is considered supreme law and takes precedence over regular law. A legal code is a type of regular law. |
| Relation to state power | A constitution can limit state power. A legal code is subject to the limits set by a constitution. |
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What You'll Learn
- A constitution defines the principles upon which a state is based, whereas a legal code is a set of laws
- A constitution is a single document or set of documents, while a legal code is a set of laws within a document
- A constitution is the fundamental law, while a legal code is a set of laws that may be altered
- A constitution is a higher law that limits state power, while a legal code is not
- A constitution is a written document, while a legal code may be unwritten
A constitution defines the principles upon which a state is based, whereas a legal code is a set of laws
A constitution is a set of fundamental principles that form the legal basis of a state, organisation, or other type of entity, and determines how that entity is governed. It defines the procedures through which laws are made and by whom, and may also act as a limiter of state power. For example, the US Constitution is the nation's fundamental law, codifying the core values of the people.
Constitutions concern different levels of organisations, from sovereign countries to companies and unincorporated associations. A constitution can be written or unwritten. The UK, for instance, has an unwritten constitution, which is instead written in various fundamental acts of a legislature, court cases, and treaties.
A legal code, on the other hand, is a set of laws that are often compiled into a single document or code. For example, the Fetha Negest, written by the Coptic Egyptian Christian writer 'Abul Fada'il Ibn al-'Assal in around 1240, served as the supreme law in parts of Ethiopia from the 15th century. Another example is the Codex Justinianus, which formed the basis of the San Marino constitution, the oldest written constitution still governing a sovereign nation.
While a constitution sets out the principles and procedures for governance, a legal code is a compilation of laws that govern a specific area or topic. A legal code is typically a more detailed and specific set of rules, while a constitution is more general and overarching.
In summary, a constitution defines the principles and procedures of governance, while a legal code is a set of laws that govern a specific area, and is typically more detailed and specific in nature.
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A constitution is a single document or set of documents, while a legal code is a set of laws within a document
A constitution is a set of principles that form the legal basis of a country, company, or other types of organisations. It defines the procedures in which laws are made, by whom, and the basic rights of citizens. When these principles are written down into a single document or a set of documents, they are said to embody a written constitution. For example, the US Constitution is the nation's fundamental law and forms the basis of the country's legal system.
A legal code, on the other hand, is a set of laws within a document. For instance, the Byzantine code Basilika, the Fetha Negest written by Abul Fada'il Ibn al-Assal, and Dušan's Code are all examples of legal codes. These codes may be incorporated into a constitution, as in the case of the Fetha Negest, which served as the constitution of Ethiopia during the reign of Sarsa Dengel.
Constitutions can take different forms. Most countries have a written constitution, which may be codified or uncodified. A codified constitution is one that is encompassed in a single comprehensive document, like the US Constitution. An uncodified constitution, on the other hand, is written in numerous fundamental acts of a legislature, court cases, and treaties, as is the case with the UK's constitution.
The UK's constitution is spread across various sources, including specific Acts of Parliament, constitutional conventions, and judicial decisions. This dispersal can make it more challenging to identify and understand. Unlike the US Constitution, the UK's constitution does not have a clear concept of a 'higher law', meaning there is no distinction between constitutional law and regular law. As a result, the UK constitution can be altered more easily by the government.
In conclusion, while a constitution outlines the fundamental principles and procedures of a country or organisation, a legal code is a set of laws within a document that may be incorporated into a constitution. The key difference lies in the scope and purpose of the two documents, with constitutions providing a broader framework for governance and legal codes containing specific laws and regulations.
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A constitution is the fundamental law, while a legal code is a set of laws that may be altered
A constitution is a set of fundamental principles that establish the legal basis of a polity, organisation, or other types of entities. It determines how an entity is governed, the procedures for making laws, and by whom. Constitutions can be written or unwritten and can be embodied in a single document or multiple documents. For example, the US Constitution is the nation's fundamental law, while the UK Constitution is uncodified and spread across various acts of a legislature, court cases, and treaties.
A legal code, on the other hand, is a set of laws that may be altered. It is a body of law that defines the roles, powers, and structures of different entities within a state, such as the executive, parliament, or legislature. Legal codes can be altered by the government and may consist of various types of laws, including customary law, statutory law, and international law.
The key difference between a constitution and a legal code is that a constitution serves as the fundamental law of a nation or entity, while a legal code is a set of laws that may be changed. The constitution establishes the core values and principles that govern a nation, while legal codes are the specific laws that may be enacted to uphold those values.
For example, the US Constitution is considered the "supreme law," and any law passed by Congress that conflicts with it is deemed invalid. The UK, on the other hand, does not have a single constitutional document. Its constitution is spread across various sources, and there is no clear distinction between constitutional law and regular law. As a result, the UK constitution can be altered more easily by the government.
In conclusion, a constitution is the foundational framework that establishes the principles and values upon which a nation or entity is governed, while a legal code represents the specific laws that may be enacted and amended to uphold those principles. The constitution is the fundamental law that shapes the legal system, while legal codes are the individual laws within that system that can be altered as needed.
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A constitution is a higher law that limits state power, while a legal code is not
A constitution is a set of fundamental principles that constitute the legal basis of a state, organisation, or other type of entity, and determines how that entity is governed. It is often written down in a single document or set of documents, though some countries, like the UK, have an uncodified constitution that is spread across several sources.
Constitutions concern different levels of organisations, from sovereign countries to companies and unincorporated associations. They define the principles upon which the state is based, the procedure for making laws, and who has the power to make them. Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines that a state's rulers cannot cross. For example, the US Constitution is the nation's fundamental law and is considered the 'supreme law'. It codifies the core values of the people, and courts have the responsibility to interpret its meaning.
A legal code, on the other hand, is not a higher law that limits state power. While a constitution is a set of fundamental principles, a legal code is a set of laws that govern a specific area. For example, the Carta de Logu was a legal code of the Giudicato of Arborea promulgated by the giudicessa Eleanor in 1392. This legal code would have governed a specific area, such as criminal or civil law, and would not have had the same overarching power as a constitution.
Furthermore, a constitution is often more difficult to change than a legal code. In the US, the constitution is 'entrenched', meaning it needs to satisfy additional requirements to be amended. In contrast, a legal code can usually be amended more easily, often by a simple majority vote.
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A constitution is a written document, while a legal code may be unwritten
A constitution is a document or set of documents that outline the fundamental principles that constitute the legal basis of a polity, organisation, or another type of entity. It determines how that entity is governed, the procedure for making laws, and the rights that must be respected. Most countries have a written constitution, usually upheld by the courts, which can only be changed through a demanding process.
The UK, however, is an example of a country with an uncodified constitution. Its constitution is spread across various sources, including Acts of Parliament, court cases, and treaties. This dispersal can make it harder to identify and understand. The US Constitution, on the other hand, is a written document that serves as the 'supreme law' of the land. It is entrenched, meaning it requires additional steps to be amended.
A legal code, on the other hand, may be unwritten. For example, the UK has a ''common law' system, where judges declare the law based on custom and precedent. While the role of the courts is to interpret the rules, judges can effectively create law through their interpretations. This is in contrast to civil law jurisdictions, where there is a greater emphasis on statutory law, and the legislature has more power to effect law.
In summary, while a constitution is typically a written document, a legal code may be unwritten, as in the case of common law systems where judicial precedent plays a significant role in shaping the law.
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Frequently asked questions
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization, or other type of entity, and commonly determines how that entity is to be governed.
A legal code is a set of laws that are codified or written down in a single comprehensive document.
A constitution is not always a single document, but a collection of fundamental acts of a legislature, court cases, and treaties. It is the foundation of a legal system, outlining the basic rights of citizens and the roles of the executive, parliament, and judiciary. A legal code, on the other hand, is a set of laws that are written down in a single document.
