Constitutional Law

Constitutional law concerns the fundamental rules that constitute and limit government — the structure of the state, separation of powers, and protection of rights.

Scope

It covers the structure of government, federalism and separation of powers, judicial review, and constitutional rights and their interpretation.

Core questions

• How is governmental power constituted and limited?
• How are rights protected against the state?
• How should constitutions be interpreted?
• What is the role of judicial review?

Key concepts

• Rule of law
• Separation of powers
• Federalism
• Judicial review
• Constitutional rights
• Sovereignty

Key theories

The rule of law

Dicey articulated the rule of law and parliamentary sovereignty as constitutional principles.

Constitutional rights

Warren and Brandeis's argument for a 'right to privacy' shaped the development of constitutional and tort rights.

History

Constitutional law developed from foundational texts (Dicey) and landmark doctrines such as judicial review and rights protection, varying across common-law and civil-law and written and unwritten constitutional traditions.

Debates

Originalism versus living constitutionalism

Whether constitutions should be read by original meaning or evolving understanding.

Key figures

• A. V. Dicey
• Samuel Warren
• Louis Brandeis

Seminal works

• dicey-1885
• warren-brandeis-1890

Frequently asked questions

What is judicial review?

The power of courts to assess whether laws or government actions conform to the constitution and to invalidate those that do not.