Authors: Bogdanor
Summary: This long, approximately 3300 word entry defines constitutional law, describes a few different methods of classifying constitutions, analyzes the significance of judicial interpretation of constitutional issues, and provides a detailed discussion of the United Kingdom's experiences.
According to this entry, constitutional law is that broad area of law dealing with both the written document itself as well as all matters involving government organization and citizen-government interaction. In countries with a legal tradition evolved from Roman law, constitutional law is clearly distinct from other bodies of law, all of which are generally codified. Countries with a common law tradition, such as the United Kingdom, do not usually distinguish between constitutional and other kinds of law.
The form and content of constitutions varies dramatically, and a few different methods of classifying and organizing these documents have evolved among legal and political scholars. One method distinguishes between written and unwritten constitutions while another focuses on the flexibility or rigidity of the amendment process. Contemporary political scientists prefer to distinguish between constitutions based on degree rather than distinctions in kind. Also introduced are distinctions between federal and unitary constitutions, as well as between diarchical (separated powers) and non-diarchical ones.
The entry examines the significance of judicial constitutional interpretation. The judiciary wields a powerful role in states that allow it to strike down legislation inconsistent with constitutional provisions. In the United States, the Supreme Court interpreted the constitution in a way that granted it the power of judicial review. The entry explores the nature of judicial review in nations like the United Kingdom, which do not possess written constitutions. Finally, the entry observes that it is not accurate to predict a nation's constitutional law based only on the form of the constitution.