Constitution : Constitutional

The Constitution of a given organisation defines its form, structure, activities, character, and fundamental rules.

The term comes from Latin constitutio, which referred to any important law, usually issued by the emperor, and was widely used in canon law to indicate certain relevant decisions, mainly of the pope.

Particular kinds of organisations that often use the concept of Constitution include:

• Governmental bodies (transnational, national or regional)
• Voluntary organisations
• Trade unions
• Political parties

An organisation may be given specific powers on the condition that it abides by this constitution or charter limitation. The Latin term ultra vires describes activities that fall outside an organisation's or parliamentary body's constitutional activities. For example, a student union may be prohibited from engaging in activities not concerning students as students, if the student union becomes involved in nonstudent activities these activities are considered ultra vires of the student union's charter, or a bank that tries to act as a real estate agent. An example from the constitutional law of nation-states would be a provincial government in a federal state which may not have authority over banking under the federal constitution, so any laws the provincial parliaments pass regarding banking will be considered void or ultra vires of that parliament's constitutional authority.

State constitutions

Most commonly, the term "constitution" is used to refer to the set of rules that govern political bodies in nation-states. These rules may or may not be summarized in a single document.

• Possibly the most common usage of 'constitution' is to describe a single, written, fundamental law that defines how a state is governed, legislation is passed, power and authority are distributed, and how they are limited. It is thus the most basic law of a country from which all the other laws and rules are hierarchically derived; in some countries it is in fact called "Basic Law".

Having a single written document gives the advantage of a coherent and easily understood body of rules. In democratic systems, the constitution is considered a fundamental social contract among citizens (following Rousseau's writings), where government receives its powers from the people, not the monarch or a parliament, and is bound by an express set of human rights. The constitution is thus considered a statute superior to "ordinary" statutes, which it can overrule, and is usually protected against constitutional amendments and by special courts (see below). This is considered the model followed by the United States, whose constitution is the oldest such document still in effect today.

• By contrast, in the Westminster tradition which originated in England, unwritten constitutional conventions, precedents, royal prerogatives and custom collectively constituted 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 these systems, the difference between a constitution and a statute is 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 Bill of Rights, Human Rights Act[?] and, prior to the creation of Parliament, the Magna Carta are regarded as granting fundamental rights and principles which are treated as almost constitutional. However, these are in law no different to any other Act of Parliament and can be changed just as easily.

Constitutional courts

The constitution, of whatever form, 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 validity of legislation, its interpretation, and the manner in which such legislation is implemented by the executive branch of the state.

Such legal bodies are normally the court of last resort, the highest such body without further recourse, where this process of judicial review are integrated into the system of courts of appeals. This is the case, for example, with the Supreme Court of the United States. Other countries dedicate a special court solely to the protection of the constitution, as with the German Constitutional Court.

Finally, some countries have no such courts at all – for example, as the United Kingdom traditionally functions under the principle of parliamentary supremacy, the legislature has the power to enact any law it wishes. However, by membership of the U.K. in the European Union it is now subject to accepting the jurisdiction of European Community law and European courts such as the European Court of Justice and European Court of Human Rights; in effect, these bodies are thus constitutional courts that can invalidate or interpret British legislation.

Formalized constitutions

• Australia
• Canada
• Chile
• China, People's Republic of
• China, Republic of - Taiwan
• France[?]
• Germany -- titled Grundgesetz
• Greece[?]
• India[?]
• Ireland
• Italy
• Japan
• Netherlands -- titled Grondwet
  • Aruba[?] -- titled Staatsregeling
  • Netherlands Antilles[?] -- titled Staatsregeling
• Norway
• South Africa[?] (introduced 1996)
• Spain[?] (approved 1978)
• Sweden
• United States

Non-formalized constitutions

• Israel
• New Zealand
• United Kingdom

See also: Constitutional law

External links

• Constitution Society (http://www.constitution.org/) - National Constitutions (http://www.constitution.org/cons/natlcons.htm)
• Constitution of Italy (http://www.uni-wuerzburg.de/law/it00t___.html) - In Italian (http://www.quirinale.it/costituzione/costituzione.htm)
• Constitution of Sweden (http://www.riksdagen.se/english/work/constitution.asp)
• U.S. Constitution (http://www.findlaw.com/casecode/constitution/) - Annotated version

---

For the entry on the naval ship U.S.S. Constitution, see: USS Constitution

Common misspelling and questions (FAQ)

onstitutional  cnstitutional  costitutional  contitutional  consitutional  consttutional  constiutional  constittional  constituional  constitutonal  constitutinal  constitutioal  constitutionl  constitutiona  ocnstitutional  cnostitutional  cosntitutional  contsitutional  consittutional  consttiutional  constiuttional  constittuional  constituitonal  constitutoinal  constitutinoal  constitutioanl  constitutionla  constitutiona  cconstitutional  coonstitutional  connstitutional  consstitutional  consttitutional  constiitutional  constittutional  constituutional  constituttional  constitutiional  constitutioonal  constitutionnal  constitutionaal  constitutionall  donstitutional  xonstitutional  fonstitutional  fonstitutional  vonstitutional  c9nstitutional  cinstitutional  cknstitutional  c0nstitutional  clnstitutional  c0nstitutional  cpnstitutional  clnstitutional  cohstitutional  cobstitutional  cojstitutional  cojstitutional  comstitutional  conwtitutional  conatitutional  conztitutional  conetitutional  conxtitutional  conetitutional  condtitutional  conxtitutional  cons5itutional  consritutional  consfitutional  cons6itutional  consgitutional  cons6itutional  consyitutional  consgitutional  const8tutional  constututional  constjtutional  const9tutional  constktutional  const9tutional  constotutional  constktutional  consti5utional  constirutional  constifutional  consti6utional  constigutional  consti6utional  constiyutional  constigutional  constit7tional  constitytional  constithtional  constit8tional  constitjtional  constit8tional  constititional  constitjtional  constitu5ional  constiturional  constitufional  constitu6ional  constitugional  constitu6ional  constituyional  constitugional  constitut8onal  constitutuonal  constitutjonal  constitut9onal  constitutkonal  constitut9onal  constitutoonal  constitutkonal  constituti9nal  constitutiinal  constitutiknal  constituti0nal  constitutilnal  constituti0nal  constitutipnal  constitutilnal  constitutiohal  constitutiobal  constitutiojal  constitutiojal  constitutiomal  constitutionql  constitutionwl  constitutionzl  constitutionwl  constitutionsl  constitutionzl  constitutionao  constitutionak  constitutiona,  constitutionap  constitutiona.  constitutionap  constitutiona;  constitutiona.  constytutional  constitutonal  consyitutional  constyitutional  constitutionals 


was so different from what it was yesterday. Something had quickened her unsaddled the animal that had shared with her the hardship of the long, stirring. Sergeant Tom was still asleep. This she saw, as she hurriedly once again, she touched the brow of the sleeper with her lips, and went without anyone knowing of her absence. But she was frightened as she Eight hours or nearly in the saddle, at ten miles an hour, had told on understands the art and use of grooming better than a man. Warm water generally for her scouring,--and then cold water with oatmeal flour, took remembered the vial of tincture of myrrh left by a young Englishman a She got it, tried the tincture, and saw and felt an immediate benefit. herself again. Now for the horse. She went quickly out where she could till he was quite dry. Then she gave him a little water and some feed. star. If the worst came she would tell the tale. It must be told anyway known it would only be a thing to be teased about by her father and that was to come from her act! Sergeant Tom slept deeply and soundly. He had not stirred. His play came to her mind yet. Why should it? She gave herself up to a disturbed but slightly by the chances of discovery, and the remembrance .