What is the difference between constitution and legislation




















It includes the basic political code, framework, mechanisms, powers and obligations of public institutions along with the fundamental rights, the directive and the duties of people etc. Law is inclusive of the Constitution, legal precedents, related legislative rules and conventions much more.

There is no precise definition of law. There are different types of laws- Constitutional law, administrative law, criminal law, contract law, property law, Labor law, Immigration law, Laws on human rights, company law, intellectual property law, space law, tax law, banking law, Consumer law, Environmental law.

The constitution creates the difference between the Legislative, the Judiciary and the Executive of the country. Law of the land is enforced by the ruling bodies of a country. The Constitution is the fundamental law that establishes a system of government, defines the scope of Governmental Sovereign powers.

The laws of the land are influenced by morality. The Constitution guides how any country should be organized. Law is a system of rules which are recognized to regulate the actions of its citizens. It outlines the government's powers - as well as the limits to these powers - and entrenches the rights of the people. It also sets out how the government will be accountable to the people who elect it. The Constitution guarantees democracy by giving every person over 18 the right to vote and ensuring one voters' roll for all adult citizens, regular elections and a multi-party system of government.

It says parliamentary elections must be held once every five years. It explains how parliament and other legislatures work, how national and provincial executives are chosen and how the courts work.

The Constitution also establishes six independent state institutions to support our democracy. The Constitution also defines the features of South Africa's sovereignty - its national territory, citizenship and national symbols.

From this it is clear that our Constitution forms the basis of public life in South Africa. But it does more than just describing the nuts-and-bolts of the functioning of the state. Our Constitution also reflects the hopes and aspirations of a nation torn apart by apartheid.

And this leads us to the question of what makes a constitution unique. A constitution like ours may, at first glance, look just like any other Act passed by the legislature. But it is not an Act of Parliament: it was passed by a special body called the Constitutional Assembly. Constitutions are unique - for many reasons. Most constitutions emerge out of special circumstances.

Sometimes, as in the case of South Africa, they are a product of turmoil, upheaval and even revolution. It's no surprise that the quest for democracy, self-determination and human rights forms the backdrop to many modern African constitutions. And, given South Africa's past, it's not surprising that our Constitution frequently stresses the need to create a society that is "open and democratic", and that it emphasises dignity, justice and equality.

Linked to the question of origins is one of ideals. A look at the first page of the document reveals that the language used in our Constitution is at times quite emotive - not the dry legal jargon you find in Acts of Parliament. It's not surprising: the writers of our Constitution were emotionally invested in the process. They were dealing with the hopes of a nation being reborn - but also had to keep one eye on the very real fears created by the decades of despair that had led the country to this juncture.

It dates from The version of the Constitution currently in force dates from It combines the rules governing the Dutch system of government and fundamental rights. In Civil Law systems these rules are usually embodied in "Codes". All but a very few countries have written constitutions where these fundamental rules can be easily identified although their interpretation may be less straightforward.

The remaining few have unwritten constitutions established by long-standing tradition. A Constitution overrides any other source of law and it is usually highly difficult to amend. There may be a separate judicial court which considers constitutional issues, namely whether any law, regulation or administrative act is inconsistent with the Constitution and therefore void.

Legislation is the second key source of law and usually takes priority over sources of law other than the Constitution. There may be more than one legislative body in a country - central, provincial or state and municipal authorities may each have separate power to legislate. Rules will determine the extent to which and in what areas one legislative body has priority over another.



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