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Legal Definitions - constitution

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Definition of constitution

A constitution is the fundamental set of rules and principles that establishes and governs a sovereign entity, such as a nation or a state. It serves as the supreme law, outlining the structure of government, defining the powers and limitations of its various branches, and guaranteeing fundamental rights and freedoms to its citizens. While often a single written document, a constitution can also be a collection of laws, customs, and conventions that collectively establish the framework for governance.

  • Germany's Basic Law (Grundgesetz)

    Germany's Basic Law, adopted in 1949, is a comprehensive written constitution that established the Federal Republic of Germany as a democratic and social federal state. It meticulously outlines the division of powers among the legislative, executive, and judicial branches, defines the responsibilities of the federal government and the individual states, and includes a robust catalog of fundamental rights, such as freedom of speech and assembly, which are binding on all state authority.

    This example illustrates how a constitution serves as the supreme law, creating the governmental structure of a nation, defining the scope of its authority, and protecting the individual liberties of its people.

  • The Constitution of the State of California

    Within the federal system of the United States, each state also has its own constitution. The Constitution of the State of California, for instance, outlines the structure of California's state government, including its executive (Governor), legislative (Assembly and Senate), and judicial branches. It details the powers and responsibilities of these branches within the state and includes a declaration of rights for California residents, complementing those found in the U.S. Constitution.

    This example demonstrates that the concept of a constitution applies not only to sovereign nations but also to sub-national entities, providing the foundational legal document that establishes their governmental framework and protects their citizens' rights at a regional level.

  • The Charter of the United Nations

    The Charter of the United Nations is the foundational treaty of the international organization known as the United Nations. It establishes the principal organs of the UN, such as the General Assembly, Security Council, and International Court of Justice. The Charter defines the purposes and principles of the organization, including maintaining international peace and security, developing friendly relations among nations, and promoting human rights, while also outlining the powers and responsibilities of its member states and organs.

    This example shows how a foundational document can act as a constitution for an international body, establishing its institutions, defining its scope of authority, and guiding its operations and the conduct of its members, much like a national constitution guides a government.

Simple Definition

A constitution is the most fundamental law of a nation or state, establishing the framework for its government. It defines the scope of governmental powers and guarantees the civil rights and liberties of individuals. While often a single written document, a constitution can also be an unwritten set of principles that shape a government's structure and operation.

The end of law is not to abolish or restrain, but to preserve and enlarge freedom.

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