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 such as the United States and Canada, the relationship between the central government and state, provincial, or territorial governments.
The Constitution of Japan is the constitution of Japan and the supreme law in the state. Written primarily by American civilian officials working under the Allied Occupation of Japan, the constitution replaced the Meiji Constitution of 1890 when it came into effect on 3 May 1947.
The Civil Rights Cases, 109 U.S. 3 (1883), were a group of five landmark cases in which the Supreme Court of the United States held that the Thirteenth and Fourteenth Amendments did not empower Congress to outlaw racial discrimination by private individuals. The holding that the 13th amendment did not empower the federal government to punish racist acts done by private citizens would be overturned by the Supreme Court in the 1968 case Jones v. Alfred H. Mayer Co.. The 14th amendment not applying to private entities, however, is still valid precedent to this day. While the decision holding for the 14th amendment has never been overturned, in the 1964 case of Heart of Atlanta Motel, Inc. v. United States, the Supreme Court held that Congress could prohibit racial discrimination by private actors under the Commerce Clause, though that and other loose interpretations of the Clause to expand federal power have been subject to criticism.
The Spanish Constitution is the democratic law that is supreme in the Kingdom of Spain. It was enacted after its approval in a constitutional referendum, and it is the culmination of the Spanish transition to democracy. The Constitution of 1978 is one of about a dozen of other historical Spanish constitutions and constitution-like documents; however, it is one of two fully democratic constitutions. It was sanctioned by King Juan Carlos I on 27 December, and published in the Boletín Oficial del Estado on 29 December, the date in which it became effective. The promulgation of the constitution marked the culmination of the Spanish transition to democracy after the death of general Francisco Franco, on 20 November 1975, who ruled over Spain as a military dictator for nearly 40 years. This led to the country undergoing a series of political, social and historical changes that transformed the Francoist regime into a democratic state.
The Preamble to the United States Constitution, beginning with the words We the People, is a brief introductory statement of the Constitution's fundamental purposes and guiding principles. Courts have referred to it as reliable evidence of the Founding Fathers' intentions regarding the Constitution's meaning and what they hoped the Constitution would achieve.
An entrenched clause or entrenchment clause of a basic law or constitution is a provision that makes certain amendments either more difficult or impossible to pass, making such amendments invalid. Overriding an entrenched clause may require a supermajority, a referendum, or the consent of the minority party. The term eternity clause is used in a similar manner in the constitutions of Brazil, the Czech Republic, Germany, Greece, India, Iran, Italy, Morocco, Norway, and Turkey, but specifically applies to an entrenched clause that can never be overridden.
The Lochner era is a period in American legal history from 1897 to 1937 in which the Supreme Court of the United States is said to have made it a common practice "to strike down economic regulations adopted by a State based on the Court's own notions of the most appropriate means for the State to implement its considered policies". The court did this by using its interpretation of substantive due process to strike down laws held to be infringing on economic liberty or private contract rights. The era takes its name from a 1905 case, Lochner v. New York. The beginning of the era is usually marked earlier, with the Court's decision in Allgeyer v. Louisiana (1897), and its end marked forty years later in the case of West Coast Hotel Co. v. Parrish (1937), which overturned an earlier Lochner-era decision.
The Political Constitution of Colombia of 1991, is the Constitution of the Republic of Colombia. It was promulgated in Constitutional Gazette number 114 on Thursday, July 4, 1991, and is also known as the Constitution of Human Rights. It replaced the Political Constitution of 1886 and was issued during the presidency of the liberal César Gaviria, with ideas from the also liberal Luis Carlos Galán.
The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties' are sections of the Constitution of India that prescribe the fundamental obligations of the states to its citizens and the duties and the rights of the citizens to the State. These sections are considered vital elements of the constitution, which was developed between 1947 and 1949 by the Constituent Assembly of India.
Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution, or have been found under due process of law. The United Nations' Sustainable Development Goal 16, established in 2015, underscores the link between promoting human rights and sustaining peace.
In political philosophy, the right of revolution is the right or duty of a people to "alter or abolish" a government that acts against their common interests and/or threatens the safety of the people without cause. Stated throughout history in one form or another, the belief in this right has been used to justify various revolutions, including the American Revolution, French Revolution, the Russian Revolution, and the Iranian Revolution.
The basic structure doctrine is a common law legal doctrine that the constitution of a sovereign state has certain characteristics that cannot be erased by its legislature. The doctrine is recognised in India, Bangladesh, Malaysia, Pakistan, Kenya, and Uganda. In Kenya, it was noted during the delivering of the judgement for constitution change through the building bridges initiative (BBI). It was developed by the Supreme Court of India in a series of constitutional law cases in the 1960s and 1970s that culminated in Kesavananda Bharati v. State of Kerala, where the doctrine was formally adopted. Bangladesh is perhaps the only legal system in the world which recognizes this doctrine with an expressed, written and rigid constitutional manner through article 7B of its Constitution.
Fundamental rights in India are the rights guaranteed under Part III of the Constitution of India. There are six fundamental rights recognised by the Indian constitution: the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, cultural and educational rights and the right to constitutional remedies.
Calder v. Bull, 3 U.S. 386 (1798), is a United States Supreme Court case in which the Court decided four important points of constitutional law.
The Constitution of Armenia was adopted by a nationwide Armenian referendum on July 5, 1995. This constitution established Armenia as a democratic, sovereign, social, and constitutional state. Yerevan is defined as the state's capital. Power is vested in its citizens, who exercise it directly through the election of government representatives. Decisions related to changes in constitutional status or to an alteration of borders are subject to a vote of the citizens of Armenia exercised in a referendum. There are 117 articles in the 1995 constitution. On November 27, 2005, a nationwide constitutional referendum was held and an amended constitution was adopted. The constitution was amended again in a national referendum on December 6, 2015 that changed the political structure from a semi-presidential system to a parliamentary republic.
Kesavananda Bharati Sripadagalvaru & Ors. v. State of Kerala & Anr., also known as the Kesavananda Bharati judgement, is a landmark decision of the Supreme Court of India that outlined the basic structure doctrine of the Indian Constitution.
The current Constitution of Malta was adopted as a legal order on 21 September 1964, and is the self-declared supreme law of the land. Therefore, any law or action in violation of the Constitution is null and void. Being a rigid constitution, it has a three-tier entrenchment basis in order for any amendments to take place.
Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law".
The Constitutional litigation in South Africa is an area of the law that deals with the rules and principles concerning constitutional matters. It examines the jurisdiction of the Constitutional Court, the High Court and the Supreme Court of Appeal. It considers the rules peculiar to these courts that are relevant to constitutional litigation, such as the admission of an amicus curiae, the duty to raise a constitutional matter as early as possible in proceedings, and the duty to join the relevant organ of state in a case involving a constitutional issue.
Cécile Fabre is a French philosopher, serving as professor of philosophy at the University of Oxford. Since 2014 she has been a senior research fellow at All Souls College, Oxford. Her research focuses on political philosophy, the ethics of war, bioethics, and theories of justice.
