Constitutional law is a critical component of the legal framework in any country. It is the body of law that defines the relationship between different entities within a state, namely, the executive, judiciary and legislature. The constitutional law also outlines fundamental rights and duties of citizens in a country. However, it’s important to note that constitutional laws vary significantly across different jurisdictions.
In countries with written constitutions like the United States and India, constitutional law has a supreme position. In these jurisdictions, all other laws must conform to their constitution; otherwise they are declared null and void by courts. For example, in India’s Constitution under Article 13(2), it is stated that any law inconsistent with or in derogation of fundamental rights shall be void.
The U.S Constitution on its part provides for checks and balances through separation of powers among three branches: legislative (Congress), executive (President) and judicial (Supreme Court). This ensures no single branch becomes too powerful thereby maintaining democracy.
However, not all countries have written constitutions but operate on unwritten or partially written ones such as UK and New Zealand. Herein lies another difference as these countries follow Constitutional Conventions which are rules not codified but are considered binding because they govern constitutional practices.
Another point of comparison lies in how flexible or rigid these constitutions are across jurisdictions. Some allow amendments relatively easily while others make it difficult to alter them once implemented. For instance, amending the US Constitution requires approval from two-thirds majority vote in both houses Congress followed by ratification from three-fourths state legislatures – an intentionally high bar ensuring stability yet allowing change when necessary.
In contrast stands UK where Parliament can change constitution simply through passing Acts of Parliament due to doctrine parliamentary sovereignty – making this system more flexible than American counterpart.
Furthermore, some nations incorporate international human rights treaties directly into their constitution like South Africa whereas others take dualist approach requiring domestic legislation before international treaty can have effect, as seen in Australia.
Lastly, the role of judiciary varies across jurisdictions. In certain countries like US and India, judicial review allows courts to invalidate laws inconsistent with constitution thereby playing a proactive role in upholding constitutional principles. Conversely, UK’s parliamentary sovereignty limits such judicial intervention.
In conclusion, while all constitutional laws serve to maintain order within a nation and protect citizen rights, they vary significantly across different jurisdictions reflecting unique historical experiences societal values each country. Despite these differences however, the common thread remains – constitutional law forms backbone any legal system providing stability yet allowing for change when necessary.
