The examples and perspective in this article may not represent a worldwide view of the subject. Please improve this article and discuss the issue on the talk page. (May 2012)

The French Declaration of the Rights of Man and of the Citizen, whose principles still have constitutional value

Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary.

Not all nation states have codified constitutions, though all such states have a jus commune, or law of the land, that may consist of a variety of imperative and consensual rules. These may include customary law, conventions, statutory law, judge-made law or international rules and norms, and so on.

Functions of constitutions[link]

State and legal structure[link]

Constitutional laws may often be considered second order rulemaking or rules about making rules to exercise power. It governs the relationships between the judiciary, the legislature and the executive with the bodies under its authority. One of the key tasks of constitutions within this context is to indicate hierarchies and relationships of power. For example, in a unitary state, the constitution will vest ultimate authority in one central administration and legislature, and judiciary, though there is often a delegation of power or authority to local or municipal authorities. When a constitution establishes a federal state, it will identify the several levels of government coexisting with exclusive or shared areas of jurisdiction over lawmaking, application and enforcement.

Human rights[link]

Human rights or civil liberties form a crucial part of a country's constitution and govern the rights of the individual against the state. Most jurisdictions, like the United States and France, have a codified constitution, with a bill of rights. A recent example is the Charter of Fundamental Rights of the European Union which was intended to be included in the Treaty establishing a Constitution for Europe, that failed to be ratified. Perhaps the most important example is the Universal Declaration of Human Rights under the UN Charter. These are intended to ensure basic political, social and economic standards that a nation state, or intergovernmental body is obliged to provide to its citizens but many do include its governments.

Some countries like the United Kingdom have no entrenched document setting out fundamental rights; in those jurisdictions the constitution is composed of statute, case law and convention. A case named Entick v. Carrington^[1] is a constitutional principle deriving from the common law. John Entick's house was searched and ransacked by Sherriff Carrington. Carrington argued that a warrant from a Government minister, the Earl of Halifax was valid authority, even though there was no statutory provision or court order for it. The court, led by Lord Camden stated that,

"The great end, for which men entered into society, was to secure their property. That right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole. By the laws of England, every invasion of private property, be it ever so minute, is a trespass... If no excuse can be found or produced, the silence of the books is an authority against the defendant, and the plaintiff must have judgment."^[2]

Inspired by John Locke,^[3] the fundamental constitutional principle is that the individual can do anything but that which is forbidden by law, while the state may do nothing but that which is authorized by law.

The commonwealth and the civil law jurisdictions do not share the same constitutional law underpinnings.

Legislative procedure[link]

Another main function of constitutions may be to describe the procedure by which parliaments may legislate. For instance, special majorities may be required to alter the constitution. In bicameral legislatures, there may be a process laid out for second or third readings of bills before a new law can enter into force. Alternatively, there may further be requirements for maximum terms that a government can keep power before holding an election.

Study of constitutional law[link]

The examples and perspective in this article may not represent a worldwide view of the subject. Please improve this article and discuss the issue on the talk page. (December 2010)

Constitutional law is a major focus of legal studies and research. For example, most law students in the United States are required to take a class in Constitutional Law during their first year, and several law journals are devoted to the discussion of constitutional issues.

The Rule of Law[link]

The doctrine of the rule of law dictates that government must be conducted according to law.

Dicey identified three essential elements of the British Constitution which were indicative of the rule of law:

1. Absence of arbitrary power;
2. Equality before the law;
3. The Constitution is a result of the ordinary law of the land.

The Separation of Powers[link]

Often regarded as a second limb functioning alongside the Rule of Law to curb the powers of the Government. In most modern nation states, power is divided and vested into three branches of government: The Executive, the Legislature and the Judiciary. The first and the second are harmonized in traditional Westminster forms of government.

Constitutions by region[link]

See also[link]

• Constitutionalism
• Constitution
• Constitutional economics
• Rechtsstaat
• Rule of law

References[link]

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Erwin Chemerinsky
200px Erwin Chemerinsky speaking at the William & Mary School of Law in September 2007.
Born	(1953-05-14) May 14, 1953 (age 59) Chicago, Illinois
Nationality	United States
Fields	Constitutional law, civil procedure
Institutions	DePaul College of Law (1980–83) University of Southern California Law School (1983–2004) Duke School of Law (2004–2008) University of California, Irvine School of Law (2008–present)
Alma mater	Northwestern University (1975) Harvard Law School (1978)

Erwin Chemerinsky (born May 14, 1953) is an American lawyer and law professor. He is a prominent scholar in United States constitutional law and federal civil procedure. He is the current and founding dean of the University of California, Irvine School of Law, which began classes in the fall semester of 2009.

Early life and education[link]

Raised in a working-class Jewish family on Chicago's South Side, Chemerinsky attended the University of Chicago Laboratory Schools for high school.^[1] He then earned a bachelor's degree in communication from Northwestern University in 1975 where he competed as a debater and then attended Harvard Law School, where he was a member of the Harvard Legal Aid Bureau, graduating in 1978.

Professional career[link]

Chemerinsky taught for over twenty years at the University of Southern California Law School and at DePaul University College of Law before moving to Duke University on July 1, 2004, and then UC Irvine in July 2008.

In 1995, Chemerinsky was a commentator on the O.J. Simpson trial on KCBS-TV, KNX, and CBS News.

Chemerinsky has published six books (three of which having been printed in multiple editions), numerous articles, and a regular column on the United States Supreme Court carried by California Lawyer, the Los Angeles Daily Journal, and Trial Magazine. Chemerinsky has also argued several cases before the United States Supreme Court, including Scheidler v. NOW, Tory v. Cochran, Van Orden v. Perry and Lockyer v. Andrade.

In March 2011, The National Jurist: The Magazine for Law Students named Chemerinsky one of the "23 Law Profs to Take Before You Die".^[2]

Politics[link]

Chemerinsky is pro-gun control and disagreed with the decision in District of Columbia v. Heller, saying that even if an individual right to bear arms exists, the District of Columbia was justified in restricting that right because it believed that the law would lessen violence.^[3] George Will specifically mentioned and responded to Chemerinsky's argument in a column that ran four days later.^[4]

Chemerinsky believes that Roe v. Wade was correctly decided.^[5] He says, "Judicial activism is the label for the decision that people don't like."^[5] He also believes that gay marriage should be legal.^[5]

Chemerinsky also represents a client held at the Guantanamo Bay detention center.^[5] He supports affirmative action.^[5]

Irvine 11[link]

Chemerinsky has defended freedom of speech from the Heckler's veto. Following an incident in which nine members of the (UCI) Muslim Students Union disrupted a speech by Israeli Ambassador Michael Oren, Chemerinsky asserted that broad freedom exists to invite speakers and hold demonstrations, but that once a speaker has begun an invited lecture, “You have the right – if you disagree with me – to go outside and perform your protest. But you don’t get the right to come in when I’m talking and shout me down. Otherwise people can always silence a speaker by heckler’s veto, and Babel results.” ^[6][7] After the interruptions, Ambassador Oren completed his remarks and canceled the Q&A session.^[8] The students were arrested by University of California Irvine Police, who were on hand.

Recent publicity[link]

In addition to teaching at the School of Law, Chemerinsky also teaches undergraduate classes in Political Science. President Clinton briefly considered Chemerinsky for an opening on the Ninth Circuit Court of Appeals.

In 2006 he declined an offer to become the next dean at the University of North Carolina School of Law. He was then a finalist to become dean at Duke University School of Law.

Appointment controversy to head the UCI School of Law[link]

On September 20, 2007, Chemerinsky was approved by the Regents of the University of California as the founding dean of the planned University of California, Irvine School of Law, resolving a hiring controversy.^[9] After signing a contract on September 4, 2007, the hire was rescinded by UCI Chancellor Michael V. Drake, because he felt the law professor's commentaries were "polarizing" and would not serve the interests of California's first new public law school in 40 years; Drake claimed the decision was his own and not the subject of any outside influence.^[10]

The action was criticized by both liberal and conservative scholars who felt it hindered the academic mission of the law school, and few believed Chancellor Drake's claims that it was not the result of outside influence.^[10][11] The issue was the subject of an editorial in The New York Times on Friday, September 14.^[12] Details emerged revealing that UCI had received criticism on the hire from California Chief Justice Ronald M. George, who criticized Chemerinsky's grasp of death penalty appeals, as well as a group of prominent Orange County Republicans and Los Angeles County Supervisor Michael D. Antonovich, who wanted to derail the appointment. Drake traveled over a weekend to Durham, North Carolina, and the two reached an agreement late Sunday evening.^[13]

On September 17, Chemerinsky issued a joint press release with UCI Chancellor Michael V. Drake indicating that Chemerinsky would head the UCI law school, stating "Our new law school will be founded on the bedrock principle of academic freedom. The chancellor reiterated his lifelong, unqualified commitment to academic freedom, which extends to every faculty member, including deans and other senior administrators."^[14]

Notable Commissions[link]

• LAPD panel reviewing the Rampart Scandal
• LA commission reviewing irregularities in LA city contracting.
• Helped write the LA city charter.
• Helped draft the Belarus constitution.

Publications[link]

Chemerinsky has published several books:

• The Conservative Assault on the Constitution (Simon & Schuster 2010)
• Enhancing Government (Stanford University Press 2008)
• Federal Jurisdiction (Aspen Law & Business 5th ed. 2007)
• Constitutional Law: Principles and Policies (Aspen Law & Business 3d ed. 2006)
• Constitutional Law (Aspen Law & Business 2d ed. 2005)
• Interpreting the Constitution (Praeger 1987)

In addition, Chemerinsky has published over one hundred law review articles, including publications in the Harvard Law Review, Yale Law Journal, Stanford Law Review, Michigan Law Review, Northwestern University Law Review, University of Pennsylvania Law Review, and Southern California Law Review.

Personal[link]

Chemerinsky is married to Catherine Fisk,^[15] who is a law professor at UC Irvine.^[16]

References[link]

External links[link]

• Duke University School of Law biography^{[dead link]}
• University of Southern California Law School biography
• PLI Faculty
• UCI Faculty