Isabella Carter
A statute is a written law or formal enactment of a legislature, while a constitution is a document that outlines the form of government, its functions, and its powers. Statutes are made and enforced by the government, while constitutions outline what laws the government can and cannot pass. In many nations, statutory law is subordinate to constitutional law. For example, in the US, the constitution guarantees freedom of speech, and this is further supported by statutes.
| Characteristics | Values |
|---|---|
| Definition | A statute is a law or a formal written enactment of a legislature. A constitution is a document that outlines the form of government, its functions, and its powers. |
| Hierarchy | Statutory law is subordinate to constitutional law. |
| Formation | Statutes are written and passed by a legislative body. |
| Scope | A constitution outlines the functions and powers of a government, including the laws it can or cannot pass. |
| Amendment | Constitutions are designed to be organic documents that can be amended over time. Constitutions generally have a higher bar for amendment compared to statutes. |
| Implementation | Statutes are implemented through regulations, which are designed to increase flexibility and efficiency in the operation of laws. |
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What You'll Learn
- A statute is a law, a constitution is not
- Statutes are made by legislative bodies, constitutions outline what legislative bodies can do
- Constitutions are amendable, but it's harder than making a new statute
- Statutes are published and distributed so everyone can look up the law
- Common law is made by judges, who are empowered by the constitution and statutes
A statute is a law, a constitution is not
A statute is a law, but a constitution is not. A statute is a law that is written and passed specifically by a legislative body, such as Congress or a state legislature. Statutes typically declare, command, or prohibit something. They are the expressed will of a legislative body, whether on behalf of a country, state, province, county, or municipality. In other words, a statute is a precise term for a law that is passed by a legislature.
Constitutions, on the other hand, are not laws. They are organic documents that outline the form of government and its powers. A constitution outlines what a government can or cannot do, what laws it can or cannot pass, how those laws are passed, what the political offices are, what those offices can do, and how people are placed in them. Constitutions are designed to change over time through an amending process, which generally has a much higher bar to pass than simply making a new law.
The relationship between statutes and constitutions is that statutes are subordinate to constitutional law. In other words, a statute cannot be repugnant to the constitution. If there is a question about whether a statute follows the constitution, the Supreme Court may be asked to review the law and write an opinion on it.
To summarise, while a statute is a specific type of law passed by a legislative body, a constitution is a document that outlines the structure and powers of a government and its laws.
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Statutes are made by legislative bodies, constitutions outline what legislative bodies can do
A statute is a law or a written enactment of a legislature. Statutes are made by legislative bodies and typically declare, command, or prohibit something. For instance, "don't kill people or you'll go to jail". They are distinguished from court law and unwritten law, also known as common law, as they are the expressed will of a legislative body. Statutes are made by legislative bodies such as Congress or State Legislature.
A constitution, on the other hand, is a document that outlines the form of government and what it can or cannot do. It defines the laws that a legislative body can or cannot pass, how those laws are passed, what the political offices are, what those offices can do, and how people are placed in them. In other words, a constitution outlines the powers of the government and the legislative bodies.
Constitutions are designed to be organic documents, which means they can change over time through an amending process. While constitutions can be amended, it is generally a more rigorous process than simply making a new law.
In many nations, statutory law is distinguished from and subordinate to constitutional law. This means that statutes are made within the boundaries set by the constitution. For example, the freedom of speech guaranteed in the US Constitution is not absolute and has exceptions outlined by statutory law.
In summary, statutes are made by legislative bodies, while constitutions outline the powers and limitations of those legislative bodies.
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Constitutions are amendable, but it's harder than making a new statute
A constitution outlines the form of government, what it can or can't do, what laws it can or can't pass, how those laws are passed, what the political offices are, and what those offices can do. It is a structural document that establishes the fundamental laws and principles directing the nation or state. Constitutions are designed to be organic documents that can be amended over time through a rigorous legislative process. This process often involves higher barriers to pass than simply making a new law or statute.
A statute, on the other hand, is a written law enacted by a legislative body. It is a more precise term than "law", which can refer to any rule enforced by the government, regardless of its source. Statutes typically declare, command, or prohibit something and are subordinate to constitutional law. They are created through a legislative process that involves congress or a state legislature.
While constitutions are amendable, the process is often more complex and challenging than creating a new statute. This higher bar for amending constitutions ensures stability and prevents frequent or arbitrary changes to the foundational rules governing a nation or state. The specific process for amending a constitution can vary depending on the country or state and the structure of their government.
In the United States, for example, the Constitution is the supreme law of the land, and any law contrary to it is void. Amendments to the US Constitution require a deliberately challenging process to ensure that any changes to the fundamental laws of the nation are carefully considered and widely supported.
The relationship between constitutions and statutes is crucial. Statutes must align with the principles outlined in the constitution, and in case of conflict, the constitution takes precedence. This hierarchy ensures that the fundamental laws and principles established in the constitution are upheld and respected.
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Statutes are published and distributed so everyone can look up the law
A statute is a law or a formal written enactment by a legislative body. Statutes typically declare, command, or prohibit something. They are the expressed will of a legislative body, whether that be on behalf of a country, state, or province. Statutes are distinguished from court law and unwritten law (also known as common law). Depending on the legal system, a statute may also be referred to as an "act". The term "statute" is also used to refer to an international treaty that establishes an institution, such as the Statute of the European Central Bank.
Statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette, which may include other kinds of legal notices released by the government, or in the form of a series of books whose content is limited to legislative acts. In either form, statutes are traditionally published in chronological order based on the date of enactment.
The process of publishing statutes has been a challenge for lawmakers throughout history. Publications start small but grow rapidly as new statutes are enacted in response to new situations. Eventually, people trying to find the law are forced to sort through a large number of statutes enacted at various points in time to determine which portions are still in effect. Many countries have adopted a solution to this problem by organizing existing statutory law into topical arrangements (or "codified") within publications called codes.
A constitution, on the other hand, is a document that outlines the form of government, what it can or cannot do, what laws it can or cannot pass, how those laws are passed, what the political offices are, what those offices can do, and how people are placed in them. It determines what a government is and what its powers are. Constitutions are designed to be organic documents that change over time through the amending process.
While statutes are laws passed by a legislative body, they are subordinate to constitutional law. For example, in the United States, the law that the government cannot infringe upon a person's free expression is constitutional.
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Common law is made by judges, who are empowered by the constitution and statutes
A statute is a law or a formal written enactment by a legislative body, such as Congress or a state legislature. Statutes typically declare, command, or prohibit something. They are distinguished from court law and unwritten law (also known as common law) as they are the expressed will of a legislative body. Statutes are also referred to as "acts" in some legal systems.
A constitution, on the other hand, is a document that outlines the form of government, its powers and limitations, the laws it can pass, and how those laws are passed. It determines the political offices, their functions, and how people are placed in them. A constitution is designed to be an organic document that can be amended over time.
Statutes are subordinate to constitutional law. They are the written laws passed by a legislature, which is the elected body that represents the people at the federal and state levels.
Common law, also known as "judge-made" law, consists of the rules of law that come from the written decisions of judges in litigation cases. Judges are empowered to make these decisions by the constitution and statutes. When a judge decides a case and publishes a written decision, it becomes a precedent for future cases. This means that common law is made by judges, who derive their power from the constitution and statutes.
For example, in the United States, the law that the government cannot infringe upon a person's freedom of expression is a part of the Constitution. This constitutional law can be further shaped by case law and statutory law, which may carve out exceptions. In this way, common law, or judge-made law, plays a role in interpreting and applying constitutional and statutory law.
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Frequently asked questions
A statute is a written law or formal written enactment passed by a legislative body, such as Congress or a state legislature. Statutes typically declare, command, or prohibit something.
A constitution is a document that outlines the form of government, what it can or can't do, what laws it can or can't pass, how those laws are passed, what the political offices are, and what those offices can do.
A constitution is an overarching document that outlines the fundamental rules and principles that govern a country, whereas a statute is a specific law or enactment that falls within the boundaries set by the constitution.
