For example, the Constitution since 1867 has said that the federal government can make laws about marriage. In 1867, the meaning of marriage was limited to being between a man and a woman. If the government had tried to change the definition of marriage, it probably would have been unconstitutional..
Sources of national law
Freedom of speech
Sources of national law
Right to livelihood and life with dignity, and right against arbitrary arrest, exploitation, and child labour (Article 21–2.
Right to freedom of religion (Article 25–2
Cultural and educational rights (Article 29–3
Right to constitutional remedies (Article 32)
Constitutional law is most commonly associated with an individual's fundamental rights, including but not limited to:
Equal protection;
Freedom of speech;
The right to bear arms;
Freedom of religion; and.
Due process.
What is an example of a constitutional right?
For example, Article 1, Section 10 of the Constitution provides legal protections against “ex post facto” laws or laws that seek to incriminate a person for crimes they committed in the past
In a criminal setting, the majority of a criminal defendant’s constitutional rights are derived from the Amendments to the Constitution
What is constitutional law?
In the legal field, constitutional law is the law that relates to how the United States Constitution is interpreted, implemented, and amended
Further, each state in the United States also has its own state constitution, which governs the citizens of that state
Formal instructions from one officer of state to another
In parliamentary system, advice is a formal and usually binding instruction given by one constitutional officer of state to another. Heads of state often act on the basis of advice issued by prime ministers or other government ministers. For example, in constitutional monarchies, the monarch usually appoints ministers of the Crown on the advice of their prime minister.
Constitutional law examples
Court that deals primarily with constitutional law
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established rules, rights, and freedoms, among other things.
Legal right protected by a sovereignty's constitution
A constitutional right can be a prerogative or a duty, a power or a restraint of power, recognized and established by a sovereign state or union of states. Constitutional rights may be expressly stipulated in a national constitution, or they may be inferred from the language of a national constitution, which is the supreme law of the land, meaning that laws that contradict it are considered unconstitutional and invalid. Usually any constitution defines the structure, functions, powers, and limits of the national government and the individual freedoms, rights, and obligations which will be protected and enforced when needed by the national authorities. Nowadays, most countries have a written constitution comprising similar or distinct constitutional rights.
