What is Constitutional Law?
Constitutional law is a type of public law that revolves solely around the distribution and exercise of government power. In the United States, the constitution is in essence, the framework for which all laws are established and to specify the separation of powers between the three branches (judicial, legislative and executive) of the federal government.
Legal Structure:
Constitutional law may be considered second order in regards to rulemaking concerning executive powers; in general, this particular field of law governs the relationships between the legislature, the judiciary and the executive bodies of the United States Federal Government. In addition to defining to such powers, constitutional law implements regulations and a code of ethics of sorts, regarding how these bodies function with society and other governing bodies.
Constitutional Law in the Courts
In addition to the balance of governmental bodies and the flow of power, constitutional law focuses on the achievement and delivery of civil liberties or human rights. The majority of developed jurisdictions, such as the United States and France, possess a codified constitution, with a bill of rights. These amendments or parts of the constitution are intended to ensure basic social, economic and political standards that a governing body or state is obliged to provide its citizens with.
When a constitutional law case arises an individual or defending party is claiming, in essence, that a governing body or public agency failed to deliver or uphold the framework of the land. Furthermore, these cases can arise when a governing body or individual questions the true intentions of our founding fathers; a number of amendments and statements within the constitution are still debated, in regards to their true intention, to this day.
