Jonah Patel
A constitution is a set of fundamental principles that establish the legal basis of a polity, organization, or other types of entities, and it determines how that entity is governed. The term constitution comes from the Latin word constitutio, which was used for regulations and orders. Constitutions concern different levels of organizations, from sovereign countries to companies and unincorporated associations. Within states, a constitution defines the principles upon which the state is based, the procedure in which laws are made, and by whom. The Constitution of the United States, for example, contains a preamble and seven articles that describe the way the government is structured and how it operates. The first three articles establish the three branches of government and their powers: legislative, executive, and judicial. The US Constitution was influenced by the study of the Magna Carta and other federations, both ancient and modern.
| Characteristics | Values |
|---|---|
| Basis of the constitution | Fundamental principles or established precedents |
| Regulations and orders | |
| Important determinations | |
| Significant violations of public trust | |
| Powers conferred on an organisation or institutional entity | |
| Limitations on state power | |
| Procedures for law-making | |
| Separation of powers | |
| Structure of the government | |
| Judicial review | |
| Bicameralism | |
| Written constitution | |
| Amendment and ratification processes |
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What You'll Learn
Separation of Powers
The concept of the separation of powers is a fundamental principle of governance, enshrined in many modern constitutions. It asserts that governmental power should be divided among three distinct branches: the legislative, executive, and judicial. Each branch has its specified duties and responsibilities, independent of the others, to prevent the concentration of power and safeguard individual liberty.
The doctrine of separation of powers can be traced back to ancient and medieval theories of mixed government, which advocated for the involvement of different societal elements, such as monarchic, aristocratic, and democratic interests, in the governing process. The first modern formulation of the doctrine was proposed by French political philosopher Montesquieu in "De l’esprit des lois" (The Spirit of Laws) in 1748. Montesquieu's work was influenced by the English constitution and the ideas of English philosopher John Locke, who argued for a division of legislative power between the king and Parliament.
The separation of powers is a key feature of the United States Constitution, which divides the federal government into three branches: the legislative, consisting of a bicameral Congress; the executive, consisting of the President and subordinate officers; and the judicial, consisting of the Supreme Court and other federal courts. This structure was influenced by Enlightenment thinkers like Montesquieu and Locke, who were concerned about the concentration of power in European autocratic monarchies. The framers of the U.S. Constitution sought to protect individual liberty by ensuring that each branch exercised one of the three basic functions of government, with staggered terms to prevent power consolidation.
The separation of powers is not explicitly mentioned in the text of the U.S. Constitution but is implied through the division of governmental powers among the three branches. This structure has been further reinforced by Supreme Court decisions and constitutional amendments. The concept has also been adopted and adapted by other nations, with modern constitutional systems showing a variety of arrangements of legislative, executive, and judicial processes.
The separation of powers is an essential mechanism for limiting governmental overreach and protecting the rights of citizens. By distributing power across multiple branches, each with distinct responsibilities, the doctrine helps prevent arbitrary actions and ensures that the creation, execution, and administration of laws require the sanction of all three branches. This system of checks and balances is a cornerstone of democratic governance and a safeguard against tyranny.
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Judicial Review
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. It defines the principles upon which the state is based, the procedure in which laws are made, and by whom. Judicial review is one of the many concepts that form the basis of a constitution.
The concept of judicial review can be traced back to the English Civil War and the Instrument of Government, which formed the basis of government for a short-lived republic from 1653 to 1657. The Instrument of Government provided a legal rationale for the increasing power of Oliver Cromwell after Parliament consistently failed to govern effectively. While the term "judicial review" was not explicitly used at the time, the ideas and principles that underpin the concept were present during this period.
In the United States, the Constitution establishes the federal court system as one of the three branches of government, with the power of judicial review inherent in the system. The U.S. Constitution was influenced by the study of the Magna Carta and other ancient and extant federations, as well as the ideas of Enlightenment philosophers such as Montesquieu and John Locke. The Due Process Clause of the U.S. Constitution, for example, was partly based on the Magna Carta, which became a foundation for English liberty against arbitrary power.
In some countries, such as Germany, the interpretation of the constitution and the review of legislative and executive acts for constitutionality are carried out by a dedicated constitutional court. In other countries, like Ireland, the ordinary courts may perform this function in addition to their other responsibilities. The process and requirements for amending a constitution vary, often requiring a consensus or supermajority, and the Constitution of the United States is an example of a constitution with a detailed amendment process.
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Fundamental Principles
A constitution is the aggregate of fundamental principles or established precedents that form the legal basis of a polity, organisation, or another type of entity, and commonly determines how that entity is governed. Constitutions concern different levels of organisations, from sovereign countries to companies and unincorporated associations.
Within states, a constitution outlines the principles upon which the state is based, the procedure for making laws, and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power by establishing lines that a state's rulers cannot cross, such as fundamental rights. Changes to constitutions frequently require consensus or supermajority.
The Constitution of the United States, for example, superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The US Constitution contains a preamble and seven articles that describe the way the government is structured and how it operates. The first three articles establish the three branches of government and their powers: legislative (Congress), executive (office of the President), and judicial (Federal court system). A system of checks and balances prevents any one of these separate powers from becoming dominant.
The drafting of the US Constitution, often referred to as its framing, was influenced by the study of the Magna Carta and other federations, both ancient and extant, as well as the ideas of Enlightenment thinkers like Montesquieu, John Locke, Edward Coke, and William Blackstone.
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State Power Limits
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation, or other types of entities, and commonly determines how that entity is to be governed. Constitutions concern different levels of organisations, from sovereign countries to companies and unincorporated associations.
Within states, a constitution also acts as a limiter of state power, by establishing lines that a state's rulers cannot cross, such as fundamental rights. The constitution of a state defines the principles upon which the state is based, the procedure in which laws are made, and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power.
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The US Constitution was a federal one and was influenced by the study of Magna Carta and other federations, both ancient and extant. The Due Process Clause of the Constitution was partly based on common law and on Magna Carta (1215), which had become a foundation of English liberty against arbitrary power. The idea of the Separation of Powers inherent in the Constitution was largely inspired by eighteenth-century Enlightenment philosophers, such as Montesquieu and John Locke. The first three articles of the US Constitution embody the doctrine of the separation of powers, in which the federal government is divided into three branches: the legislative, consisting of the bicameral Congress (Article I); the executive, consisting of the president and subordinate officers (Article II); and the judicial, consisting of the Supreme Court and other federal courts (Article III).
The Legislative Vesting Clause of the US Constitution reflects a departure from the British legal tradition of parliamentary supremacy because it provided external limitations on the power of Congress. The Framers specifically limited the federal legislative power to those powers expressly mentioned in the Constitution and the power to make all Laws which shall be necessary and proper to carry out the Federal Government’s limited powers. The US Constitution's Supremacy Clause states:
> This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.
In some countries, such as Germany, constitutional courts are dedicated to interpreting the constitution and, where applicable, declaring executive and legislative acts that infringe upon it as void. In other countries, such as the United Kingdom, the concept of declaring an act to be unconstitutional does not exist.
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Bicameralism
The basis of a constitution is the aggregate of fundamental principles and established precedents that constitute the legal basis of a polity, organisation, or other types of entities, and it determines how that entity is governed.
In some countries with federal systems, individual states may also have bicameral legislatures. For instance, some US states like Nebraska have adopted unicameral systems, while others have retained bicameral systems. Similarly, Brazilian states and Canadian provinces have abolished their upper houses, while some Argentine provinces still have bicameral legislatures.
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Frequently asked questions
A constitution is a set of fundamental principles that form the legal basis of a polity, organization, or other types of entities, determining how that entity is governed.
The US Constitution was influenced by the study of the Magna Carta and other federations, both ancient and extant. It was also influenced by the ideas of 18th-century Enlightenment philosophers, such as Montesquieu and John Locke.
The US Constitution consists of a preamble and seven articles that establish the three branches of government: legislative (Congress), executive (President), and judicial (Federal Court System). It also outlines a system of checks and balances to prevent any one branch from becoming dominant.
A constitution defines the principles upon which a state is based, the procedure for making laws, and by whom. It can also act as a limiter of state power by establishing fundamental rights.
A written constitution is one where the fundamental principles are written down into a single document or set of legal documents. An unwritten constitution, such as the UK's, is not contained in a single document but is instead made up of various fundamental acts of a legislature, court cases, and treaties.
