Redirected from Constitutional charter
The term comes from Latin constitutio, which referred to any important law, usually issued by the emperor, and was widely used in canon law to indicate certain relevant decisions, mainly of the pope.
Particular kinds of organisations that often use the concept of Constitution include:
An organisation may be given specific powers on the condition that it abides by this constitution or charter limitation. The Latin term ultra vires describes activities that fall outside an organisation's or parliamentary body's constitutional activities. For example, a student union may be prohibited from engaging in activities not concerning students as students, if the student union becomes involved in nonstudent activities these activities are considered ultra vires of the student union's charter, or a bank that tries to act as a real estate agent. An example from the constitutional law of nation-states would be a provincial government in a federal state which may not have authority over banking under the federal constitution, so any laws the provincial parliaments pass regarding banking will be considered void or ultra vires of that parliament's constitutional authority.
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Most commonly, the term "constitution" is used to refer to the set of rules that govern political bodies in nation-states. These rules may or may not be summarized in a single document.
The constitution, of whatever form, is often protected by a certain legal body in each country with various names, such as supreme, constitutional or high court. This court judges the validity of legislation, its interpretation, and the manner in which such legislation is implemented by the executive branch of the state.
Such legal bodies are normally the court of last resort, the highest such body without further recourse, where this process of judicial review are integrated into the system of courts of appeals. This is the case, for example, with the Supreme Court of the United States. Other countries dedicate a special court solely to the protection of the constitution, as with the German Constitutional Court.
Finally, some countries have no such courts at all – for example, as the United Kingdom traditionally functions under the principle of parliamentary supremacy, the legislature has the power to enact any law it wishes. However, by membership of the U.K. in the European Union it is now subject to accepting the jurisdiction of European Community law and European courts such as the European Court of Justice and European Court of Human Rights; in effect, these bodies are thus constitutional courts that can invalidate or interpret British legislation.
See also: Constitutional law
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