Understanding the machinery of a society requires looking at the foundational documents and rules that govern its operation. Laws, however, are interpreted based on their specific wording and the intent of the legislature.
Judicial Review and the Constitution's Power to Overrule Ordinary Law
Feature Constitution Ordinary Law Status Supreme and fundamental Subordinate and derived Amendment Process Complex and difficult Relatively simple Scope General framework and principles Specific rules and regulations Enforcement Primarily by courts via judicial review By executive agencies and courts Why the Distinction Matters The separation between these two legal concepts is not merely academic; it is the bedrock of constitutionalism and the rule of law. The Concept of a Constitution A constitution is the primary legal instrument that defines the structure, procedures, powers, and duties of a government.
Furthermore, altering a constitution is a complex ordeal designed to ensure stability, whereas passing a new law is a routine legislative function designed to adapt to evolving circumstances. Consequently, the constitution delegates power to the legislature, rather than the legislature creating the source of its own power.
How Judicial Review Empowers Courts to Check Constitutionality
Unlike the constitution, these legal instruments are not the supreme source of authority. The Nature of Ordinary Law Laws, in the conventional sense, are the rules and regulations enacted by the legislative body of a government.
More About Difference between constitution and law
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More perspective on Difference between constitution and law can make the topic easier to follow by connecting earlier points with a few simple takeaways.
