Constitutions and Constitutional Courts
The supreme law of the land — how constitutions are written, amended, and enforced, and why constitutional courts have become the most powerful institutions in many democracies.
The Rules About the Rules
A constitution is the foundational legal document that establishes how a government is organized, what powers it has, and what limits constrain those powers. It is, in essence, the rules about how rules are made. Nearly every country in the world has a written constitution — the United Kingdom, New Zealand, and Israel are notable exceptions that rely on accumulated statutes, conventions, and judicial decisions instead.
Constitutions serve two primary functions. First, they structure government by defining institutions, allocating powers, and establishing relationships between branches and levels of government. Second, they protect fundamental rights by placing certain freedoms beyond the reach of ordinary legislative majorities. The US Bill of Rights, the German Basic Law's protection of human dignity, and South Africa's expansive socioeconomic rights all represent this protective function.