Other: Constitution (disambiguation) A constitution is a system for government, often codified as a written document, that establishes the rules and principles of an autonomous political entity. In the case of countries, this term refers specifically to a national constitution defining the fundamental political principles, and establishing the structure, procedures, powers and duties, of a government. Most national constitutions also guarantee certain rights to the people. Historically, before the evolution of modern-style, codified national constitutions, the term constitution could be applied to any important law that governed the functioning of a government.

Constitutions concern different kinds of political organizations. They are found extensively in regional government, at supranational (e.g., European Union), federal (e.g., United States Constitution), state or provincial (e.g., Constitution of Maryland), and sub-national levels. They are also found in many political groups, such as political parties, pressure groups, and trade unions.

Non-political entities such as corporations and voluntary associations, whether incorporated or not, may also have a constitution. The constitution of a legally incorporated entity is more usually styled as its memorandum and articles of association (U.S. incorporation).

Etymology

The term constitution comes from a Latin term denoting an important law, usually one proclaimed by the Roman emperor ("constitutiones principis"). Later, the term was widely used in canon law for an important determination, especially by the Pope.

General features

Generally, every constitution confers specific powers to an organization or institutional entity, established upon the primary condition that it abides by the said constitution's limitations.

The Latin term ultra vires describes activities of officials within an organization or polity that fall outside the constitutional or statutory authority of those officials. For example, a students' union may be prohibited as an organization from engaging in activities not concerning students; if the union becomes involved in non-student activities these activities are considered ultra vires of the union's charter, and nobody would be compelled by the charter to follow them. An example from the constitutional law of nation-states would be a provincial government in a federal state trying to legislate in an area exclusively enumerated to the federal government in the constitution, such as ratifying a treaty. Ultra vires gives a legal justification for the forced cessation of such action, which might be enforced by the people with the support of a decision of the judiciary, in a case of judicial review. A violation of rights by an official would be ultra vires because a (constitutional) right is a restriction on the powers of government, and therefore that official would be exercising powers he doesn't have.