Difference between Statutory Law and Constitutional Law

Key Difference: Statutory Laws are laws that have been written down and codified by the legislative branch of a country. The law has been set down by a legislature or legislator (if it is a monarchy) and codified by the government. These laws are also known as written law or session law. Constitutional Law is the body of law that defines the relationship between different entities within a nation, most commonly the judiciary, the executive and the legislature bodies. Not all nations have a codified constitution, though all of them have some sort of document that states certain laws when the nation was established.

Laws are an important part of society; they ensure peace and tranquility throughout the land. Imagine a world without laws, where everyone would be allowed to do as they wish. It would be chaos! Everyone would be free to steal, murder, do business as they please, etc. There would be no one to make sure everyone is treated fairly, business is being lawfully, people are being treated properly, etc. Hence, laws are very important to ensure that everyone is treated fairly and right. No one under the law is given extra power and everyone is treated the same. There are various different types of laws that are used to monitor different parts of the society and each law created monitors that specific part only. For people that are not well versed with the law and its studies can often become confused (with the language adding to the confusion). Statutory Law and Constitutional Law are two different types of law that are used to govern different aspects of the society.

Statutory Laws are laws that have been written down and codified by the legislative branch of a country. The law has been set down by a legislature or legislator (if it is a monarchy) and codified by the government. These laws are also known as written law or session law. Statutory laws are often subordinate to the higher constitutional laws. The laws are written on a bill and must be passed by the legislative body of the government. Statutory laws originate from municipalities, state legislature or national legislature. The term ‘codified’ states that the law is organized by the subject matter. However, not all statutory laws are considered as ‘codified’. The statues are often referred to as code. Codifying a law can also refer to taking a common law and putting it in statute or code form. Statues are prone to being over written or expiring, depending on the law that was passed.

Many countries depend on a mixed law system to provide the proper justice. This is because statutory laws are often written in general language and may not govern every situation that may arise. In cases like these, the courts must interpret and determine the proper meaning of the statute that is most relevant to the case. Both statutory laws and common laws can be disputed and appealed in higher courts.

Constitutional Law is the body of law that defines the relationship between different entities within a nation, most commonly the judiciary, the executive and the legislature bodies. Not all nations have a codified constitution, though all of them have some sort of document that states certain laws when the nation was established. These rules could state the basic human rights of the man and women of that state, including rights to own property, freedom of speech, etc. The main purpose of the constitutional law is to govern the law making bodies in the nation. It gives them set boundaries of the laws they cannot violate. For example, the law makers cannot violate the public’s rights to do certain things such as freedom of speech, right to petition, freedom of assembly, etc. The constitutional law of a country can be changed if the government falls or changes. Additions can also be made to the constitution in form of amendments.

Image Courtesy: georgiainfo.galileo.usg.edu, nowpublic.com

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