FAQ
What does a constitution actually do?
It establishes the structure of government, allocates power among institutions, sets the rules for making law, and typically limits government by guaranteeing rights. Crucially it declares itself supreme law, so ordinary legislation conflicting with it is invalid where courts enforce that supremacy.
How is the US Constitution amended?
An amendment needs approval by two thirds of both houses of Congress, or by a convention called by two thirds of state legislatures, then ratification by three quarters of the states. That rigidity explains why only twenty seven amendments, including the Bill of Rights, have passed since 1789.
Which is the longest and which the shortest constitution?
India holds the record for the longest written national constitution, hundreds of articles across dozens of parts. Among the shortest are Monacos and San Marinos compact texts, while the US original, around 4,400 words, is the briefest of major republics. Length often tracks how much policy detail a text absorbs.
Where did judicial review come from?
While the US Supreme Court claimed the power in Marbury v. Madison in 1803, Austria institutionalized it first in a dedicated constitutional court in 1920 under Hans Kelsen. Today nearly every constitutional democracy assigns courts some power to strike laws that violate the constitution.
What is the difference between constitutional and statutory law?
Statutes are ordinary laws passed by legislatures and changeable by simple majorities. Constitutional law is entrenched, harder to amend, and superior in rank, so it constrains what statutes may do. Some states, like Germany, formally distinguish constitutional statutes requiring supermajorities.
How do new countries write constitutions?
Usually through a constituent assembly or constitutional commission, sometimes after conflict or independence, often with public consultation and a ratifying referendum. South Africas multiparty negotiation, Kenyas 2010 civic process, and Nepals two assemblies illustrate how legitimacy now demands participation beyond backroom drafting.