Cameron Miranda
The Constitution and statutory law are two distinct concepts that form the foundation of a country's legal system. The Constitution serves as the supreme law of the land, providing the overarching framework that governs the relationship between different entities within a nation, such as the judiciary, executive, and legislative bodies. On the other hand, statutory laws are written laws enacted by a country's legislative branch, which may include municipalities, state legislatures, or national legislatures. These laws address specific aspects of society and are often subordinate to the higher laws established by the Constitution. While the Constitution sets out broad principles and rights, statutory laws provide the detailed rules and regulations that govern the day-to-day lives of citizens, businesses, and governments.
| Characteristics | Values |
|---|---|
| Definition | Statutory laws are laws that have been written down and codified by the legislative branch of a country. |
| Hierarchy | Constitutionally valid statutes are the second highest source of law in the United States legal system. |
| Scope | Statutory laws are often written in general language and may not govern every situation. |
| Applicability | Statutory laws apply to everyone within the state. |
| Dispute | Both statutory laws and common laws can be disputed and appealed in higher courts. |
| Interpretation | Courts interpret and determine the meaning of the statute in case of ambiguity. |
| Codification | Statutory laws are also known as written or session laws. |
| Precedent | Common law or judge-made law is based on the written decisions of judges that become a precedent for future litigation. |
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What You'll Learn
Statutory laws are written and codified by the legislative branch
The legislative branch of a government is responsible for writing and codifying statutory laws. In the United States, federal statutes are published in three iterations: slip laws, session laws, and statutory codes. Slip laws are the initial publication of newly enacted laws, published individually before being incorporated into the U.S. Statutes at Large. Session laws are the chronological compilation of laws enacted during a congressional session, published in the U.S. Statutes at Large. The U.S. Statutes at Large is a collection of session laws enacted by the legislature, signed by the governor, or enacted via the initiative process, arranged by topic, with amendments added and repealed laws removed.
Statutory codes are the currently enforced laws arranged by topic. They are published in the U.S. Code and are also arranged by topics, called titles. Each title contains laws specifically relating to that subject, enabling researchers to find the particular law they are looking for without knowing when it was passed. The U.S. Code is the official publication of laws currently in force and is published by the U.S. Government Publishing Office.
At the federal level, a passed bill becomes a public law, receiving a unique number based on the congressional session in which it was passed. Public laws are first published as slip laws and are subsequently bound into the Statutes at Large. Eventually, the laws are organized by subject, indexed, and published in the United States Code.
Each state also has its own state statutes, found in state codes, and cities and counties have their own codes, which are passed by city or county councils. For example, Washington State has the Revised Code of Washington, which is the compilation of all permanent laws currently in force.
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Constitutional laws are the highest legal authority
Statutory laws, on the other hand, are laws that have been written down and codified by the legislative branch of a country. These laws are also known as written laws or session laws. They are often subordinate to the higher constitutional laws. A statute is a law passed by a legislature, and a statutory law is the body of law resulting from statutes. One of the benefits of statutory law is that, whether it is federal or state law, it is a written law that can be easily located and read at a law library or online. This is in contrast to common law, which is also known as "unwritten law" because it is not collected in a single source.
The process of codification results in a topically organized code of statutes in force. When a new statute makes changes to the existing statutory code, language is added or removed to incorporate those changes. Codes constantly change, while session laws serve as repositories of historical laws. Lawyers conduct statutory research using the codified versions of statutes.
While statutory laws are important, constitutional laws are the foundation of a nation's legal system and take precedence over other laws. They provide the framework for the country's legal system and establish the powers and responsibilities of the various branches of government. In the United States, the Constitution and federal statutes made in furtherance of the Constitution are established as "the supreme Law of the Land." This means that the law of the land is no longer based on legal practices in England but is distinctly American.
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Common law is sometimes called judge-made law
The United States Constitution is the supreme law of the land. Federal laws (statutes) enacted by the United States Congress must be followed by every state in the country. These federal statutes take precedence over state laws, and state laws cannot violate the federal constitution or federal law.
Common law, also known as judicial precedent, judge-made law, or case law, is the body of law primarily developed through judicial decisions rather than statutes. Common law is deeply rooted in stare decisis ("to stand by things decided"), where courts follow precedents established by previous decisions. When a judge decides a case and publishes a written decision, the decision becomes the precedent for future litigation. Judges are empowered to make these decisions by the constitution and statutes.
The term "judge-made law" was introduced by Jeremy Bentham as a criticism of the pretense of the legal profession. Bentham famously criticized judicial lawmaking when he argued in favor of codification and narrow judicial decisions. However, many notable writers, including Oliver Wendell Holmes, eventually adopted the modern definition of common law as "case law" or ratio decidendi, which serves as binding precedent.
While common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. In a case of first impression with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent.
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Federal and state laws constitute the body of law
The United States Constitution is the supreme law of the land, and no federal or state law may violate it. Federal laws are enacted by the United States Congress and must be followed by every state in the country. If a state law contradicts a federal law, the federal law takes precedence and the state is required to abide by it.
Federal laws are codified in The United States Code (U.S.C.), while state codes vary in name. When a new statute is passed that changes existing statutory code, the code is updated to incorporate those changes. Codes are constantly changing, while session laws serve as repositories of historical laws. Lawyers conduct statutory research using codified versions of statutes.
State constitutions represent the highest legal authority within a state. States may then enact state statutes, which apply to everyone within the state and cannot violate the state constitution, the federal constitution, or federal law. States have the authority to regulate animals within their borders and can enact laws to govern how wildlife and domestic animals are used, protected, bought, and sold.
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Constitutional validity of statutes
The constitutional validity of statutes is an important aspect of the legal system, ensuring that laws are in line with the constitution. In the United States, the Constitution is the supreme law of the land, and no federal or state law may violate it. Federal laws, or statutes, enacted by the United States Congress must be followed by every state in the country. If a state law contradicts a federal law, the federal statute takes precedence and the state is required to abide by it. This also applies to state constitutions and statutes, where state statutes cannot violate the state constitution, the federal constitution, or federal law.
Constitutional validity is determined by whether an act or statute enacted as law by a legislature conforms to the applicable constitution. If a law directly violates the constitution, it is considered unconstitutional and can be declared void in whole or in part by the proper court. The process of determining constitutional validity can vary depending on the legal system. In some countries, any court can declare a statute unconstitutional, while in others, only special constitutional courts have the authority to rule on the validity of a statute. In certain countries, like the United Kingdom and New Zealand, there is no codified constitution that laws must conform to.
In the United States, Rule 5.1 of the Federal Rules of Civil Procedure outlines the process for challenging the constitutionality of a federal or state statute. A party filing a pleading, written motion, or other paper questioning the constitutionality of a statute must promptly file a notice of constitutional question and serve it on the appropriate attorney general. The attorney general then has the right to intervene and determine whether to seek intervention on the ground that the statute affects the public interest. The court can reject the constitutional challenge before the time to intervene expires but cannot enter a final judgment holding the statute unconstitutional.
The constitutional validity of statutes is crucial to maintaining the integrity of the legal system and ensuring that laws are consistent with the fundamental principles outlined in the constitution. It provides a framework for the creation and enforcement of laws, protecting the rights and interests of citizens. By upholding the constitutional validity of statutes, the rule of law and the separation of powers between the legislature and the judiciary are maintained.
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Frequently asked questions
Statutory laws are written laws passed by a legislature, whereas constitutional law is the highest law in the land, which outlines the relationship between different entities within a nation, such as the judiciary, the executive, and the legislature bodies.
Yes, statutory laws can be challenged in court if they are deemed to contradict constitutional law.
Common law, also known as "judge-made" law, is not collected in a single source and is instead based on the written decisions of judges. Statutory law, on the other hand, is written and codified by the legislative branch and can be federal or state law.
