What is a 'Constitution'?

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What is a 'Constitution'?

The 'constitution' is usually the 'higher law' of any legal system - to a certain extent it is the the very law (usually contained in a single document) which constitutes, or brings into existence in the first place, a legal system. The constitution is the source from whence all particular or occasional laws derive their validity. It is the legal source of validity of particular laws. To a certain extent two ideas follow from this initial idea of 'validity'.

* Firstly the constitution legitimises the particular and occasional laws of a legal system - it is the reason for the validity of the particular and occasional laws. It provides the 'legality' of the exercise of political power.

* Secondly the constitution seems to inherently include an idea of the limitation of the arbitrary use of power in any society - there is a duty upon those who occupy state positions to act within the framework of the powers given, and in the manner specified by the constitution. The constitution will usually apportion out legal competence in any political society.

These two principles go together. Those who are granted power by the constitution (say,