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What Is Constitutional Law?

Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in federal countries.

Modern constitutional law is the offspring of nationalism as well as of the idea that the state must protect certain fundamental rights of the individual.

  • Basically, Constitutional law refers to rights carved out in the federal and state constitutions. The majority of this body of law has developed from state and federal supreme court rulings, which interpret their respective constitutions and ensure that the laws passed by the legislature do not violate constitutional limits.

  • Essentially, the Constitutional law is the supreme law. All other laws have to conform to the Constitutional Law. The Constitutional Law contains laws concerning the government and its people.

  • The protection of human rights and civil liberties are common elements of constitutional law.

  • The basic difference between the Constitution and Constitutional Law is that Constitution is the actual document setting out the structure and status of the nation, plus the kind of rights and obligations afforded to the citizens and non-citizens whereas Constitutional law includes Interpretation of articles by courts. And includes various cases along with articles which have been instrumental in understanding the spirit of provisions.

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