Civic · 6 pages · 12 min

How a constitution differs from a statute

A constitution sets the ground rules, while a statute is ordinary law made under those rules.

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From the opening

A constitution establishes the offices of government, the limits on those offices, and the rights those offices must respect. A statute is an ordinary law passed by the legislature, inside the authority and the procedure the constitution allows. The opening covers constitutions frame the offices, statutes are ordinary legislation, and higher text wins a conflict.

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Inside

  • Constitutions frame the offices
  • Statutes are ordinary legislation
  • Higher text wins a conflict
  • Ordinary majorities rewrite statutes
  • Where the idea stops applying
  • A distinction worth keeping

Sources

  • Constitutional supremacy
  • Statute under a constitution