Understanding Constitutional Law and Statutory Law

Constitutional law and statutory law are two important types of law. They serve different purposes and come from different sources. It’s helpful to know how they work, especially if you are interested in studying law.

What is Constitutional Law?

• Where It Comes From: Constitutional law comes from a country’s constitution, which is the top legal document. The constitution sets up the government, explains what powers different branches have, and protects the rights of the people. In the U.S., for example, the Constitution outlines the basic rules for how the country runs.

• What It Does: The main job of constitutional law is to make sure the legal system follows the rules set by the constitution. It safeguards individual freedoms and upholds the rule of law. If any law goes against the constitution, it is considered unconstitutional and doesn't count.

What is Statutory Law?

• Where It Comes From: Statutory law is made up of laws that are written and passed by groups like Congress in the U.S. These laws are created through a process that involves writing, discussing, and voting on them. Statutory laws can cover many topics, from crime to taxes.

• What It Does: The aim of statutory law is to govern how people and organizations behave in society. It gives clear rules that help guide daily actions. Statutory laws can be added or changed to keep up with new issues or needs in society.

Main Differences Between Constitutional Law and Statutory Law:

1. Where They Come From:

   • Constitutional law is based on the constitution.
   • Statutory law comes from lawmakers.

2. Importance:

   • The constitution is the highest law in the land; it beats any statutory laws.
   • Statutory laws must match the rules of the constitution. If they don’t, they can be canceled out.

3. Changeability:

   • Constitutional law is pretty stable. Changing the constitution is a tough and slow process.
   • Statutory laws can be updated or removed more easily, which allows the law to keep up with changes.

4. Focus:

   • Constitutional law looks at broad ideas like rights and government structure.
   • Statutory law focuses on specific issues and gives detailed rules.

5. Court Review:

   • Courts can check if a law is constitutional or not.
   • Statutory laws can be explained by courts, but only as long as they fit within constitutional rules.

In Real Life: From my studies in law, it's clear how constitutional law forms the base for statutory law. When a new law is created, it’s important to check it against the constitution’s rules. This shows how vital our legal documents are in shaping and guiding our society. Learning about these differences is important for anyone studying law. It’s not just about knowing the terms; it’s about understanding how these laws work together to keep justice and order in our community.