Constitution is usually a written document that describes the structure of a government and the fundamental rights of citizens. For example, the U.S. Constitution describes the structure of the American federal government; it defines the functions and limits of each branch of state (executive, legislative, judicial) and the relation of the centralized national government with the decentralized state governments. It also contains a Bill of Rights in the first ten amendments (such as individual freedom of speech, press, religion, and assembly). Most written constitutions also include a preamble, or statement of the purpose of government, and amendment procedures, or how the constitution can be legally changed.

Because the Constitution of a government establishes the institutions that make laws, it is considered prior to and the foundation of those laws, so if a legislature passes a law contrary to the Constitution (such as restricting freedom of speech or religion), that law is considered invalid or “unconstitutional.” Usually a court (such as the U.S. Supreme Court) decides if a statute violates a constitutional provision. The historical body of these court decisions are called constitutional law, and, like the English common law, it relies on past cases or “precedent” in deciding new cases. This makes constitutional law, at least in theory, conservative and past bound, as Edmund Burke would say. When the court relies on social, economic, or contemporary political movements rather than strictly past legal decisions, it is known as judicial activism. Constitutional law is an evolving doctrine, providing stable, gradual change.

Another less common definition of constitution is the way a government and society are constituted, or made up. The British constitution is of this kind; it is not a written document but a tradition of institutions and practices (such as the mixed government of monarchy, Lords, and Commons; the English common-law tradition; land tenure, etc.). This is a more cultural definition of constitution. Most modern democratic republics have a written constitution, but not all countries are faithful to their nation’s constitutional principles.

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