Monday, August 28, 2023

What is a Constitution?

Definitions:

- Wikipedia

A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity, and commonly determines how that entity is to be governed.

When these principles are written down into a single document or set of legal documents, those documents may be said to embody a written constitution; if they are encompassed in a single comprehensive document, it is said to embody a codified constitution. The Constitution of the United Kingdom is a notable example of an uncodified constitution; it is instead written in numerous fundamental Acts of a legislature, court cases, or treaties.


- University College, London:

A constitution is the rule book for a state. It sets out the fundamental principles by which the state is governed. It describes the main institutions of the state, and defines the relationship between these institutions (for example, between the executive, legislature and judiciary). It places limits on the exercise of power, and sets out the rights and duties of citizens.


- Legal Information Institute

A constitution is the most fundamental law of a sovereign body. The term is capitalized only when referring to a specific constitution (e.g., U.S. Constitution, Texas Constitution, etc.).

In many cases, "constitution" refers to a single written document that explicitly creates government institutions, defines the scope of government power, and guarantees certain civil liberties.

Nonetheless, a constitution does not inherently need to be written. In the case of an unwritten constitution, the term might simply refer to the general structure of a certain government regardless of how it arose or evolved. For example, the United Kingdom does not have any written constitution.


- Constitution Net.

A constitution is a set of fundamental legal-political rules that:

(1) are binding on everyone in the state, including ordinary lawmaking institutions;
(2) concern the structure and operation of the institutions of government, political principles and the rights of citizens;
(3) are based on widepread public legitimacy;
(4) are harder to change than ordinary laws (e.g. a two-thirds majority vote or or a referendum is needed);
(5) as a minimum, meet the internationally recognized criteria for a democratic system in terms of representation and human rights.