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[[Image:Declaration of Human Rights.jpg|thumb|right|The French [[Declaration of the Rights of Man and of the Citizen]], whose principles still have constitutional value]]
'''Constitutional law''' is a body of law dealing with the distribution and exercise of government power.

Not all [[nation state]]s have codified [[Constitution|constitutions]], though all such states have a ''[[jus commune]]'', or law of the land, that may consist of a variety of imperative and consensual rules. These may include [[customary law]], [[Convention (norm)|conventions]], [[statutory law]], [[judge-made law]] or [[international law|international rules and norms]], etc.

==Functions of constitutions==
===State and legal structure===
Constitutional laws may often be considered second order rulemaking or rules about making rules to exercise power. It governs the relationships between the judiciary, the legislature and the executive with the bodies under its authority. One of the key tasks of constitutions within this context is to indicate hierarchies and relationships of power. For example, in a [[unitary state]], the constitution will vest ultimate authority in one central administration and [[legislature]], and [[judiciary]], though there is often a delegation of power or authority to local or municipal authorities. When a constitution establishes a [[federal state]], it will identify the several levels of government coexisting with exclusive or shared areas of jurisdiction over lawmaking, application and enforcement.

===Human rights===
{{Main|Human rights|Human rights law}}
Human rights or [[civil liberties]] form a crucial part of a country's constitution and govern the rights of the individual against the state. Most jurisdictions, like the [[United States of America|United States]] and [[France]], have a single codified constitution, with a [[bill of rights]]. A recent example is the [[Charter of Fundamental Rights of the European Union]] which was intended to be included in the [[Treaty establishing a Constitution for Europe]], that failed to be ratified. Perhaps the most important example is the [[Universal Declaration of Human Rights]] under the [[UN Charter]]. These are intended to ensure basic political, social and economic standards that a nation state, or intergovernmental body is obliged to provide to its citizens but many do include its governments.

Some countries like the [[United Kingdom]], have no entrenched document setting out fundamental rights; in those jurisdictions the constitution is composed of [[statute]], [[case law]] and [[Constitutional convention (political custom)|convention]]. A case named ''[[Entick v. Carrington]]''<ref>''[[Entick v. Carrington]]'' (1765) 19 Howell's State Trials 1030</ref> illustrates a constitutional principle deriving from the common law. [[John Entick]]'s house was searched and ransacked by Sherriff Carrington. Carrington argued that a warrant from a Government minister, the [[George Montague-Dunk, 2nd Earl of Halifax|Earl of Halifax]] was valid authority, even though there was no statutory provision or court order for it. The court, led by [[Charles Pratt, 1st Earl Camden|Lord Camden]] stated that,

<blockquote>"The great end, for which men entered into society, was to secure their property. That right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole. By the laws of England, every invasion of private property, be it ever so minute, is a trespass... If no excuse can be found or produced, the silence of the books is an authority against the defendant, and the plaintiff must have judgment."<ref >{{cite web | url=http://www.constitution.org/trials/entick/entick_v_carrington.htm | title=Entick v. Carrington | work=19 Howell’s State Trials 1029 (1765) | publisher=Constitution Society | location=[[United States|USA]] | accessdate=2008-11-13}}</ref></blockquote>

Inspired by [[Two Treatises of Government|John Locke]],<ref>Chapter 9, Line 124, [[John Locke]], ''[[Second Treatise on Government]]'' (1690)</ref> the fundamental constitutional principle is that the individual can do anything but that which is forbidden by law, while the state may do nothing but that which is authorised by law.

===Legislative procedure===
{{Main|Parliamentary procedure}}
Another main function of constitutions may be to describe the procedure by which parliaments may legislate. For instance, special majorities may be required to alter the constitution. In bicameral legislatures, there may be a process laid out for second or third readings of bills before a new law can enter into force. Alternatively, there may further be requirements for maximum terms that a government can keep power before holding an [[election]].

==The study of constitutional law==
Constitutional law is a major focus of legal academia. For example, most law students in the United States are required to take a class in "Con Law" during their first year, and several [[law journals]], like the Duke Journal of Constitutional Law & Public Policy, the [[University of Pennsylvania Journal of Constitutional Law]], and the University of California, Hastings Constitutional Law Quarterly, are devoted to the discussion of constitutional issues.

==Constitutions by region==
{{Africa topic|Constitution of|title=Constitutions of Africa}}
{{Asia topic|Constitution of|title=Constitutions of Asia}}
{{Constitutions of Europe}}
{{Oceania topic|Constitution of|title=Constitutions of Oceania}}
{{North America topic|Constitution of|title=Constitutions of North America}}
{{South America in topic|Constitution of|title=Constitutions of South America}}

== The Rule of Law ==

The doctrine of the rule of law dictates that government must be conducted according to law.

Dicey identified 3 essential elements of the British Constitution which were indicative of the rule of law.

1. absence of arbitrary power;
2. equality before the law; and
3. the constitution is a result of the ordinary law of the land.

{{law}}

==References==
{{reflist}}

[[Category:Constitutional law| ]]

About constitutional law - Revision history

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