Nature of Constitutional Law

The above discussion of different national laws may give an impression to the readers that constitutional law has got the same status as others laws ; it is not in any way superior to any other law. This is the fact in countries where the constitution is an unwritten one. Where the constitution is unwritten and flexible there cannot be any distinction between fundamental law  and ordinary law. In Britain parliament being the supreme law making body and the  constitution being  unwritten and flexible, parliament can amend any constitutional law by ordinary law making procedure and hence constitutional law exists on the same footing with other laws of an ordinary nature.

 On the other hand, where the constitution is written and rigid, the constitutional law has a different nature. Here the constitution is the  considered the supreme or fundamental law of the land .  It is supreme law in the sense that on point of status it is placed  above  all the laws : no law is above the constitution ; and all ordinary laws get their validity and force from the constitution ; no law can be inconsistent with the constitutional law. According to Gettel “Constitutional law locates sovereignty within the state and thus  indicates the source of law “ And this is why constitutional law is  considered  the touch-stone or yard-stick to test the validity of all other laws, be it public or private, substantive or procedural.

Thus if the constitutional law is considered the supreme law of the land, then all laws of a particular country may be classified into  two broad categories;

A.     Constitutional or Fundamental Law ; and

B.     Ordinary Law.

 All administrative substantive and procedural laws come under the category of  ordinary law. All laws except constitutional law are called ordinary law because they can be made and amended by the  ordinary law-making procedure. And secondly, no provision of these laws can be inconsistent with the constitutional law. Constitutional law is considered of special sanctity. It is  alterable not by any ordinary procedure but by a difficult procedure like two-thirds majority, three-fourths majority etc.