Constitution’ Definition and Its Relationship With Other Laws in Society
The term constitution refers to a set of laws and regulations which have been adopted by a certain authenticated body of legal experts on behalf of a government. In most cases, a constitutional document is codified to ease the interpretation and understanding of the content matter. Apart from restricting the powers of government organs and institutions, a constitutional document also contains the rights and obligations of its citizens in a variety of ways.
In most political establishments, a constitution is regarded as the supreme law, and no other piece of legislation can overrule it. On the other hand, though, all clauses enacted within a constitutional document are not supposed to contravene the basic human rights applications and the basic and fundamentally known principles and the rule of law. The other laws in society, like those used to govern corporations, do not affect the entire nation but rather a small segment of the society directed to.
For instance, the Memorandum and Articles of Association of an organization will only influence the operations of that particular unit. However, these subsidiary laws should be consistent and agreeable with the existing constitution because the latter is considered to be supreme legislation over all other laws. One of the most important clauses in a constitution is regarding amendments. At the end of every article, clause, or chapter, a flexible constitutional document should clearly state the amendment structure should there be a need to do so at a later date. If a constitution can be ratified in the future, it is regarded as a flexible legal entity. Such constitutional amendments are usually undertaken by a majority vote, especially where governments practice democratic ideals.
However, a rigid constitution has no tentative provisions for amendment structure. Rigid government laws are usually a result of dictatorial systems that do not permit individuals’ free and fair participation in a democratic process. In some cases, however, some parts of a constitution can be rightfully rigid if the laws described under the given clauses cannot be debated upon. For example, the right to life is basic, and any amendment to such a provision may go against the rule of law.