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An ordinary law is a normal law, generally distinguished from a constitutional law, organic law, or other similar law.Typically, ordinary laws are subordinate to constitutional and organic laws, and are more easily changed than constitutional or organic laws, though that should not be assumed to be the case in all jurisdictions.
The principles from the French Declaration of the Rights of Man and of the Citizen still have constitutional importance.. Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in federal countries such as the ...
In France, ordinary courts (French: ordre judiciaire) are courts under TITLE VIII of Constitution of France [3] separated from administrative courts and constitutional court. These ordinary courts mainly deals with civil and criminal cases, and are composed of judges called 'magistrates (French: Magistrat)' educated from French National School ...
Aristotle (c. 350 BC) was the first to make a formal distinction between ordinary law and constitutional law, establishing ideas of constitution and constitutionalism, and attempting to classify different forms of constitutional government. The most basic definition he used to describe a constitution in general terms was "the arrangement of the ...
The power of judicial review has been implied from these provisions based on the following reasoning. It is the inherent duty of the courts to determine the applicable law in any given case. The Supremacy Clause says "[t]his Constitution" is the "supreme law of the land." The Constitution therefore is the fundamental law of the United States.
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional , i.e. whether they conflict with constitutionally established rules, rights, and freedoms, among other things.
Early in its history, in Marbury v.Madison (1803) and Fletcher v. Peck (1810), the Supreme Court of the United States declared that the judicial power granted to it by Article III of the United States Constitution included the power of judicial review, to consider challenges to the constitutionality of a State or Federal law.
In constitutional law, constitutionality is said to be the condition of acting in accordance with an applicable constitution ; the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When laws, procedures, or acts directly violate the constitution, they are unconstitutional. All others are considered constitutional unless the country ...