What is the difference between constitutional and statutory law?
Constitutional law and statutory law are both sources of law, but they are very different in origin and purpose. Constitutional law is the supreme law of the land, formed from government constitutions, including those of the United States and individual states, such as Rhode Island. Such laws can only be altered by amendments to the constitution and the ratification process. Constitutional law outlines the responsibilities of the three branches of government, the rights of individuals, and the basic structures and processes of government. Statutory law is created by legislatures like the Rhode Island General Assembly. Statutory laws are created to address issues not covered by constitutional law and to give more detailed guidance on certain topics. Statutory law is also able to be changed by the legislature and is interpreted by courts, so it can be more flexible. The most important difference between constitutional and statutory law is that constitutional law has superior authority over statutory law. If a particular statute conflicts with constitutional law, the constitutional law takes precedence. This is why it is so important for Rhode Island legislators to ensure that their proposed laws do not conflict with the laws of the state constitution.
Related FAQs
What is the purpose of the equal protection clause of the Fourteenth Amendment?What is the scope of the due process clause of the Fifth Amendment?
What is the impact of the Fourteenth Amendment on the rights of states?
How has the Supreme Court interpreted the scope of federal power under the US Constitution?
What is the scope of the right to counsel under the US Constitution?
How has the Supreme Court interpreted the Second Amendment to the US Constitution?
What is the impact of the Fourteenth Amendment on the power of Congress?
What is the doctrine of federalism?
What is the scope of the equal protection clause of the Fifth Amendment?
What is the impact of the Establishment Clause of the First Amendment?
Related Blog Posts
The Implications of the Constitution on Your Rights: An Examination of Constitutional Law - July 31, 2023Understanding the U.S. Constitution: Key Provisions Explained - August 7, 2023
The Basics of Constitutional Law: An Overview - August 14, 2023
The Intersection of Laws and the Constitution: What You Need to Know - August 21, 2023
The Importance of Constitutional Law: Exploring Its Significance - August 28, 2023