Summary of Fundamentals of Constitutional Law

## Introduction Constitutional law defines how political power is organised and how that power relates to citizens. It describes both the relationships between state institutions (horizontal) and between the state and individuals (vertical). Some countries keep these rules in a single written document called a constitution; others, like the UK, rely on multiple written and unwritten sources. > **Definition:** A constitution is the system of rules that sets out how power is held by the state and how that power relates to the citizens. ## 1. Two meanings of "constitution" - As a **system of rules** that governs state structure and state–citizen relations. - As a **document** (a single written text) that records those rules. ## 2. Major ways to classify constitutions Below are common classifications with clear contrasts and examples. ### 2.1 Monarchial vs Republican constitutions | Feature | Monarchial constitution | Republican constitution | |---|---:|---:| | Head of state | Monarch (king or queen) | Elected president | | Basis of legitimacy | Heredity, tradition | Election, popular mandate | | Example of effect | Powers often exercised in monarch’s name | President usually has stronger formal powers | > **Definition:** A monarchial constitution bases the head of state on hereditary monarchy; a republican constitution bases it on an elected president. Practical example: In the UK the monarch remains head of state though most political power is exercised by Parliament and government. In the USA the president is head of state and head of government with significant constitutional powers. ### 2.2 Federal vs Unitary constitutions | Feature | Federal constitution | Unitary constitution | |---|---:|---:| | Division of power | Powers divided between central (federal) and regional/state governments | Power concentrated in central government | | Constitutional status of sub-units | States/regions have entrenched constitutional status | Local councils exist but can be altered or abolished by central government | | Example | USA | UK > **Definition:** A federal constitution divides sovereignty between levels of government; a unitary constitution vests sovereignty primarily in central institutions. Real-world application: Defence and foreign policy often remain federal responsibilities, while education or local transport may be devolved to state/regional governments in federations. ### 2.3 Written vs Unwritten constitutions | Feature | Written constitution | Unwritten constitution | |---|---:|---:| | Form | Single codified document | Multiple sources, both written and unwritten | | Protection of rights | Often lists and entrenches rights (harder for state to remove) | Rights may be less securely protected because no single entrenched text exists | | Flexibility vs rigidity | Can be rigid if heavily entrenched | More flexible and easier to adapt | | Example | USA (written) | UK (unwritten/uncodified) > **Definition:** A written constitution is contained in a single codified document; an unwritten constitution arises from an array of sources rather than one document. Practical consideration: A written constitution can protect individual rights (e.g. specific amendments). An unwritten constitution can adapt more quickly to social change but may offer less protection against state action. ### 2.4 Codified vs Uncodified constitutions | Feature | Codified constitution | Uncodified constitution | |---|---:|---:| | Location of rules | Single definitive document | Multiple sources across statutes, conventions, common law, prerogatives | | Ease of reference | Coherent central text | Requires consulting many sources | | Typical origin | Major social or political change (revolution, founding) | Evolutionary historical development | | Example | Constitution of the United States | Constitution of the United Kingdom > **Definition:** A codified constitution is fully contained in one document that is the primary source of constitutional law;