Constitution vs. Statute — What's the Difference?
By Urooj Arif & Maham Liaqat — Updated on April 29, 2024
A constitution provides the foundational legal framework and supreme law of a land, guiding governance and rights, whereas a statute is a specific law passed by a legislative body within the constitutional framework.
Difference Between Constitution and Statute
Table of Contents
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Key Differences
Constitutions serve as the supreme legal framework for a nation, outlining fundamental principles, structures of government, and the rights of citizens. These documents set the groundwork for all other laws and govern the relationship between the state and its citizens. On the other hand, statutes are specific laws enacted by the legislative branch of government, addressing particular issues within the guidelines established by the constitution.
While a constitution is generally broad and designed to last over long periods without frequent amendments, statutes are more specific and can be updated, modified, or repealed by the legislature as needed to adapt to new circumstances and societal needs. Constitutions require a more rigorous process for changes, often involving supermajorities or referendums, whereas statutes can be changed more easily through legislative processes.
Constitutions often include bill of rights or similar declarations, which provide a set of fundamental rights and freedoms that protect individuals from government overreach. Statutes, however, are typically focused on specific areas of public policy, such as tax law, health regulations, or criminal codes, and must conform to the rights outlined in the constitution.
In terms of legal authority, a constitution is considered the highest form of law in a country, meaning that any statute inconsistent with the constitution can be deemed invalid or unconstitutional by the judiciary. Statutes, therefore, must be crafted and interpreted in a way that aligns with constitutional mandates and principles.
The creation of a constitution is often a foundational moment for a nation, typically involving a significant, broad-based, and inclusive process, such as a constitutional convention or a public referendum. In contrast, statutes are regularly created as part of routine government operations by elected representatives.
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Comparison Chart
Purpose
Establishes the fundamental legal framework and governance structure
Specific law addressing particular issues
Change Process
Difficult, often requires supermajorities or referendums
Relatively easier, through legislative approval
Scope
Broad, overarching principles
Specific, detailed provisions
Legal Authority
Supreme law of the land
Must align with the constitution
Creation
Foundational, often via a significant national process
Routine legislative activity
Compare with Definitions
Constitution
Fundamental and supreme law of a nation.
The U.S. Constitution establishes the structure of the federal government and its relationship with the states and citizens.
Statute
Amenable to changes as societal norms evolve.
Statutes are often amended to reflect new social and technological realities.
Constitution
Sets the framework within which laws are made and government operates.
The constitution delineates the powers of different branches of government.
Statute
A law enacted by the legislative branch of government.
The Civil Rights Act of 1964 is an example of a statute that prohibits discrimination.
Constitution
Often includes a bill of rights.
The First Amendment of the U.S. Constitution guarantees freedoms concerning religion, expression, assembly, and the right to petition.
Statute
Must be in compliance with the constitution.
All statutes are reviewed to ensure they do not violate constitutional rights.
Constitution
Designed to last and change infrequently.
Changes to the constitution generally require a rigorous amendment process.
Statute
Covers a variety of public policy areas.
Statutes can govern anything from environmental regulations to criminal law.
Constitution
Highest legal authority, overruling conflicting statutes.
A statute conflicting with constitutional principles can be struck down by the judiciary.
Statute
Specific and detailed in nature.
Statutes explicitly define legal obligations and prohibitions.
Constitution
A constitution is an aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed.When these principles are written down into a single document or set of legal documents, those documents may be said to embody a written constitution; if they are encompassed in a single comprehensive document, it is said to embody a codified constitution. The Constitution of the United Kingdom is a notable example of an uncodified constitution; it is instead written in numerous fundamental Acts of a legislature, court cases or treaties.Constitutions concern different levels of organizations, from sovereign countries to companies and unincorporated associations.
Statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy.
Constitution
The act or process of composing, setting up, or establishing.
Statute
A law enacted by a legislature.
Constitution
The composition or structure of something; makeup.
Statute
A decree or edict, as of a ruler.
Constitution
The physical makeup of a person
Having a strong constitution, she had no trouble climbing the mountain.
Statute
Written law, as laid down by the legislature.
Constitution
The system of fundamental laws and principles that prescribes the nature, functions, and limits of a government or another institution.
Statute
An act of a corporation or of its founder, intended as a permanent rule or law; as, the statutes of a university.
Constitution
The document in which such a system is recorded.
Statute
An assemblage of farming servants (held possibly by statute) for the purpose of being hired; - called also statute fair.
Constitution
Constitution The supreme law of the United States, consisting of the document ratified by the original thirteen states (1787-1790) and subsequent amendments.
Statute
An act passed by a legislative body
Constitution
The act, or process of setting something up, or establishing something; the composition or structure of such a thing; its makeup.
Statute
Enacted by a legislative body;
Statute law
Codified written laws
Constitution
(government) The formal or informal system of primary principles and laws that regulates a government or other institutions.
Constitution
(law) A legal document describing such a formal system.
Constitution
(Catholicism) A document issued by a religious authority serving to promulgate some particular church laws or doctrines.
Constitution
A person's physical makeup or temperament, especially in respect of robustness.
He has a strong constitution, so he should make a quick recovery from the illness.
Constitution
(dated) The general health of a person.
Constitution
The act or process of constituting; the action of enacting, establishing, or appointing; enactment; establishment; formation.
Constitution
The state of being; that form of being, or structure and connection of parts, which constitutes and characterizes a system or body; natural condition; structure; texture; conformation.
The physical constitution of the sun.
Constitution
The aggregate of all one's inherited physical qualities; the aggregate of the vital powers of an individual, with reference to ability to endure hardship, resist disease, etc.; as, a robust constitution.
Our constitutions have never been enfeebled by the vices or luxuries of the old world.
Constitution
The aggregate of mental qualities; temperament.
He defended himself with . . . less passion than was expected from his constitution.
Constitution
The fundamental, organic law or principles of government of men, embodied in written documents, or implied in the institutions and usages of the country or society; also, a written instrument embodying such organic law, and laying down fundamental rules and principles for the conduct of affairs.
Our constitution had begun to exist in times when statesmen were not much accustomed to frame exact definitions.
Constitution
An authoritative ordinance, regulation or enactment; especially, one made by a Roman emperor, or one affecting ecclesiastical doctrine or discipline; as, the constitutions of Justinian.
The positive constitutions of our own churches.
A constitution of Valentinian addressed to Olybrius, then prefect of Rome, for the regulation of the conduct of advocates.
Constitution
Law determining the fundamental political principles of a government
Constitution
The act of forming something;
The constitution of a PTA group last year
It was the establishment of his reputation
He still remembers the organization of the club
Constitution
The way in which someone or something is composed
Constitution
United States 44-gun frigate that was one of the first three naval ships built by the United States; it won brilliant victories over British frigates during the War of 1812 and is without doubt the most famous ship in the history of the United States Navy; it has been rebuilt and is anchored in the Charlestown Navy Yard in Boston
Common Curiosities
Why is the constitution considered the supreme law?
Because it sets the foundational legal and governmental structure, and all other laws, including statutes, must conform to it.
What is the difference between a constitution and a statute?
A constitution is the supreme legal framework of a country, while a statute is a specific law made within that framework.
Who creates constitutions and statutes?
Constitutions are typically created through a foundational national process, possibly involving a constitutional convention or referendum, whereas statutes are enacted by legislative bodies.
How often do constitutions change compared to statutes?
Constitutions change infrequently and usually require a complex process, while statutes can be amended more regularly and easily.
Can statutes affect constitutional rights?
Statutes must respect constitutional rights; they cannot infringe upon these rights without facing legal challenges.
How does a new statute become law?
It must be passed by the legislative body and, depending on the country, may require executive approval.
What ensures that statutes align with the constitution?
Judicial review processes ensure statutes conform to constitutional standards.
Can a statute override a constitution?
No, constitutions have supremacy over statutes, and any statute that conflicts with the constitution can be deemed invalid.
Are all countries governed by a constitution?
Most countries have a constitution, but the nature and structure can vary significantly.
What role do judges play in relation to constitutions and statutes?
Judges interpret both constitutions and statutes and ensure that statutes conform to constitutional requirements.
How do constitutional amendments affect existing statutes?
Amendments can render existing statutes obsolete or require modifications to align with the new constitutional mandates.
What happens if a statute is found to be unconstitutional?
It can be struck down or invalidated by the judiciary.
What is an example of a constitutional right that affects statutes?
The right to free speech; statutes that limit speech must carefully align with constitutional protections.
Why are constitutions harder to change than statutes?
Because they are designed to provide stable and enduring legal and governmental structures.
Can a statute be temporary?
Yes, some statutes are designed to be temporary, often to address specific, short-term issues.
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Written by
Urooj ArifUrooj is a skilled content writer at Ask Difference, known for her exceptional ability to simplify complex topics into engaging and informative content. With a passion for research and a flair for clear, concise writing, she consistently delivers articles that resonate with our diverse audience.
Co-written by
Maham Liaqat