# Why is the constitution considered the supreme law?
## Introduction
A constitution is the set of fundamental principles and rules by which a state is governed. In many nations, particularly those with a written, codified constitutional document, the constitution is regarded as the supreme law of the land. This means that it sits at the top of the legal hierarchy, and all other laws, as well as the actions of government, must conform to it. This essay will argue that a constitution is considered supreme because it is the ultimate source of legal authority, it functions to limit the power of the state, and it is typically protected by special amendment procedures that elevate it above ordinary legislation. However, it will also be shown that this model of constitutional supremacy is not universal, with the United Kingdom’s constitutional arrangements providing a significant contrast.
## The Source of Legal and Political Authority
One of the primary reasons for a constitution’s supremacy is its role as the foundational legal document of the state. It is the constitution that creates the principal institutions of government—the legislature (which makes laws), the executive (which implements laws), and the judiciary (which interprets laws). By creating these institutions, the constitution also grants them their powers. Consequently, these institutions can only exercise power that has been legitimately conferred upon them by the constitution. Any action taken or law passed that exceeds these powers is considered *ultra vires* (beyond the powers) and, therefore, unlawful. This creates a clear hierarchy of norms, where the validity of all other laws is derived from, and dependent on, the constitution (Bradley, Ewing and Knight, 2018). This principle was famously asserted in the United States in the case of *Marbury v Madison* (1803) 5 US 137, where the Supreme Court established its power to declare an Act of Congress unconstitutional, confirming that the constitution is superior to ordinary acts of the legislature.
## Limiting Government Power
A second key reason for constitutional supremacy is the function of a constitution in limiting state power and protecting citizens from its potential abuse. Most modern constitutions contain a bill of rights, which guarantees fundamental freedoms such as the right to life, freedom of speech, and the right to a fair trial. They also typically embed the principle of the separation of powers, dividing authority between the different branches of government to create a system of checks and balances. The supremacy of the constitution ensures that these limits are binding on the government itself. If a legislature passes a law that infringes upon a guaranteed right, for example, a constitutional court can strike that law down. This establishes the principle of constitutionalism, which holds that the government is not above the law but is, in fact, subject to the higher law of the constitution. This makes the constitution the ultimate safeguard for the rule of law and individual liberty.
## Entrenchment and Amendment
The supremacy of a constitution is further reinforced by the fact that it is usually ‘entrenched’, meaning it is deliberately made difficult to amend. While ordinary laws can be created, changed, or repealed by a simple majority vote in the legislature, constitutional amendments typically require a more demanding process. This might involve a ‘super-majority’ (such as a two-thirds or three-quarters vote) in the legislature, the approval of regional assemblies in a federal state, or a national referendum. This rigidity ensures that the fundamental rules of the political system cannot be altered easily or on a whim by a temporary government (Wheare, 1966). This difficulty of amendment distinguishes constitutional law from ordinary law, giving it a higher legal status and a quality of permanence that reflects its role as the fundamental law of the state.
## The United Kingdom Contrast: Parliamentary Sovereignty
The model of constitutional supremacy described above is not applicable in the United Kingdom. The UK has an uncodified constitution, meaning its rules are found in a variety of sources, including Acts of Parliament, common law, and constitutional conventions. The central principle of the UK constitution is not constitutional supremacy but Parliamentary Sovereignty. As traditionally defined by A.V. Dicey, this doctrine means that Parliament has the legal authority to make or unmake any law whatsoever, and no court or other body can override or set aside an Act of Parliament (Dicey, 1959).
In the UK system, an Act of Parliament is the highest form of law. The courts cannot declare a statute unconstitutional. While principles of constitutional importance exist, such as the rule of law, they do not have the formal, higher legal status of a supreme constitutional document. Although the courts have in some cases hinted at possible limits to parliamentary power, for example in *Jackson v Attorney General* [2005] UKHL 56, the orthodox legal position remains that Parliament is the supreme law-making authority. Therefore, in the UK, it is the legislature, not a constitutional text, that is considered legally supreme.
## Conclusion
In conclusion, a constitution is considered the supreme law in many legal systems because it serves as the original source of all state authority, provides a binding framework for limiting government power, and is entrenched against easy alteration. It sits at the apex of the legal system, providing the ultimate criteria for the validity of all other laws and government actions. This model of constitutional supremacy, however, is not the only way to organise a state. The United Kingdom’s constitutional tradition, founded on the principle of Parliamentary Sovereignty, provides a clear example of a system where the legislature, rather than a codified document, holds ultimate legal authority. This highlights that while the idea of a supreme constitution is a powerful and widespread concept, it is the specific historical and political arrangements of a country that determine where ultimate legal authority lies.
## References
- Bradley, A., Ewing, K. and Knight, C. (2018) Constitutional and Administrative Law. 17th edn. Pearson.
- Dicey, A.V. (1959) Introduction to the Study of the Law of the Constitution. 10th edn. Macmillan.
- Jackson v Attorney General [2005] UKHL 56.
- Marbury v Madison (1803) 5 US 137.
- Wheare, K.C. (1966) Modern Constitutions. 2nd edn. Oxford University Press.
