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Difference Between Constitution and Law – Constitution vs Law

By BYJU'S Exam Prep

Updated on: November 14th, 2023

The difference between Constitution and Law is that Law is a collection of rules formulated for human activities and behaviour of a particular region/ country. In contrast, a country uses a constitution to define its governance. Law and Constitution are two different terms that are often confused about their meanings and connotations.

Difference Between Constitution and Law PDF

Law is not a symbol of the country, while Constitution is a symbol of a nation. Law and constitution differ from each other. Constitution carries a set of laws, and Law is formulated as per the constitutional spirit of the country. Let’s understand the vital difference between Constitution and Law based on some crucial facts, along with understanding each of them in detail.

Difference Between Constitution and Law

The major difference between Constitution and Law is that a constitution can not be changed or modified without the majority of support from the houses of law. In contrast, a law can be changed with minor setbacks.

Constitution vs Law

Difference Between Constitution and Law

Constitution

Law

The constitution is the fundamental law of the land, which is based on maxims, principles, and values.

On the other hand, the law is a collection of rules formulated by a legislative body for addressing certain issues and creating order in society.

In the case of constitutional amendments, special mechanisms need to be followed, which usually require a referendum.

Unlike the constitution, laws can be amended or repealed easily by the government.

Constitutions usually have to be interpreted and are subject to judicial review.

Laws are enacted and executed and can be declared unconstitutional

A constitution outlines the functioning of the various branches of a government

The law provides rules on how individuals should behave towards each other and how they should conduct their affairs

The relationship between Law and Constitution is that Constitution is supreme

Law that is inconsistent with the constitution shall be considered void

Types of Constitution: Federal, Legal, Monarchy, Parliamentary, Political, Presidential, Republican, Unitary, etc.

Types of Laws: Administrative law, Banking law, Company law, Constitutional law, Consumer law, Contract law, Criminal law, Environmental law, Immigration law, Intellectual property law, Laws on human rights, Labor law, Property law, Tax law, etc.

Constitution and Law

Law is the regulation, the system of rules assembled and implemented by government organizations to determine what individuals may do or not do. In comparison, the Constitution is the rudimentary law that sets a government system and specifies the scope of Governmental Sovereign powers.

  • The major difference between Constitution and Law is that the constitution is the supreme law.
  • Law and constitution are the terms often used interchangeably in our daily lives.

The meaning and difference between ordinary legislation and Constitution are illustrated below.

What is Constitution?

The term ‘constitution’ is defined as a written set of fundamental principles according to which a state or organization is governed. It consists of all the rules that govern a country. The constitution can exist in written form, oral or codified.

  • The constitution can be written and unwritten. For example, India has a written constitution, and New Zealand has an unwritten constitution.
  • The Indian constitution gives its citizens all their rights and freedom as human beings.
  • The Indian Constitution also gives its citizens certain rights with regard to religion and personal beliefs.

What is Law?

The term ‘law’ refers to a set of rules or regulations enforced by the state to benefit the citizens. It consists of all the sets of rules and regulations the government makes for the welfare of its citizens. For example, there are laws against murder, rape, and theft.

The government has created laws to protect its citizens from such crimes. Various institutions can formulate laws, such as

  • Courts,
  • Parliament,
  • Police,
  • Military,
  • Civil society.

Conclusion:

Key Difference Between Constitution and Law

To sum up, the key difference between Constitution and Law is that the Constitution refers to all rules and regulations in a document governing a country; in contrast, the law refers to one rule or regulation that the government makes for the welfare of its citizens. If there is a conflict between ordinary law and a provision in the constitution, the constitutional provision prevails, and the ordinary law is void.

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