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A constitution is a system, often codified as a written document, that establishes the rules and principles whereby an organization or political entity is governed. In the case of countries, this term refers specifically to a national constitution defining the fundamental political principles, and establishing the structure, procedures, powers and duties, of a government. Most national constitutions also guarantee certain rights to the people. Historically, before the evolution of modern-style, codified national constitutions, the term constitution could be applied to any important law that governed the functioning of a government.

Constitutions are found in many organizations. They are found extensively in government, at supranational (e.g. United Nations Charter), national (e.g. United States Constitution), and sub-national or provincial (e.g. Constitution of Maryland) levels. They are found in many political groups, such as political parties and pressure groups, including trade unions (labour unions). There are many non-political groups and entities that may have constitutions of a sort such as companies and voluntary organisations.

Generally, all constitutions confer specific powers to an organization on the condition that it abides by this constitution or charter limitation. The Latin term ultra vires describes activities of officials within an organization or polity that fall outside the constitutional or statutory authority of those officials. For example, a students' union may be prohibited as an organization from engaging in activities not concerning students; if the union becomes involved in non-student activities these activities are considered ultra vires of the union's charter. An example from the constitutional law of nation-states would be a provincial government in a federal state trying to legislate in an area exclusively enumerated to the federal government in the constitution. For example, in the United States, any attempt by a state legislature to ratify a treaty with a foreign nation would be considered ultra vires, because it is subject to the superior U.S. constitution of government that delegates such authority exclusively to the U.S. Senate. In both cases, ultra vires gives a legal justification for the forced cessation of such action, which might be enforced by by people with the support of a decision of the judiciary, in a case of judicial review. A violation of rights by an official would be ultra vires because a (constitutional) right is a restriction on the powers of government, and therefore that official would be exercising powers he doesn't have.

When an official act is found to be unconstitutional, perhaps by a court, that act is considered null and void, and the nullification is ab initio, that is, from inception, not from the date of the finding. It was never "law", even though, if it was a statute or statutory provision, it might have been adopted according to the procedures for adopting legislation. Sometimes the problem is not that a statute is unconstitutional, but the application of it is, on a particular occasion, and a court may decide that while there are ways it could be applied that are constitutional, that instance was not allowed or legitimate. In such a case, only the application may be ruled unconstitutional. Historically, the remedy for such violations have been petititions for common law writs such as quo warranto.

...all the best.

2007-03-23 23:14:39 · answer #1 · answered by popcandy 4 · 0 0

the idea of an unwritten constitution could appear somehow abstract in a modern society where almost everything is regulated by the law. But in most aboriginal and primitive societies there is actually some kind of unwritten laws that govern political life as well as governance. Though some traditional societies have managed to reach a certain degree of success, by observing the rules of this unwritten constitution, the possibility of a system like this in a modern society would not work.

2016-03-29 01:57:45 · answer #2 · answered by Anonymous · 0 0

The advantages of constition are it provide peace and the stabities within the state or country,it give the governing responsibilities .and it ensure liberal principles,appointing personal into post .
the disavantages are, only people with permiseble qualification are in power, some constitutional states depend solely on law makers of which the drawn constitution flavors them like presidential term of office.

2007-03-23 23:35:00 · answer #3 · answered by Anonymous · 0 0

Do you mean the Constitution of the US? or do you mean your physical constitution (meaning your health)? Or do you mean constitution as in what makes something (ingredients)?

2007-03-23 23:13:25 · answer #4 · answered by Nadine - Unity CEO 3 · 0 0

www.essaysword.com/viewpaper/5199.html
www.us-english.org/foundation/publications/prbriefing.asp
amazon.com/s?ie=UTF8&...&tag=540-20&index=books&link_code=qs&page=15
home.earthlink.net/~gfeldmeth/lec.rev.html
dsusd.k12.ca.us/users/scottsh/Govt/Advantagesdisadvantages federal.htm

2007-03-23 23:14:47 · answer #5 · answered by Anonymous · 0 0

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