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Constitution

Key terms
What it is
Its kinds and shape
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Government by law

Should a community be ruled by laws or by the judgment of those in power? A constitution in the first sense is a government bound by law, so that rulers are limited by what they have agreed to or been given. These readings ask what it means for law to be supreme and how it protects those governed.

4 readings

Deuteronomy 17, in the Douay-Rheims text, gives the law of the king in the discourse of Moses before Israel enters the land. It says that the people shall set over them “him whom the Lord thy God shall choose” and that he “shall not multiply horses to himself”. The passage is the scriptural statement of the limits laid on the ruler of the chosen people.

In Plato’s Statesman, the Eleatic Stranger speaks to Young Socrates of the “written laws” in states which lack the true statesman. He holds that the only way such states “can be saved” is to use the written laws of the one true model, and that “no citizen” may act against them. The passage is cited for the ancient case for the rule of law as a second best.

Book IV, chapter 4, of Aristotle’s Politics distinguishes the forms of democracy. Aristotle says that where the government is not in the laws “there is no free state, for the law ought to be supreme over all things”. It stands here as the classical statement that law should rule.

Clauses 39 and 40 of Magna Carta of 1215, granted by King John to the barons of England at Runnymede, provide that no free man shall be seized “except by the lawful judgement of his equals or by the law of the land” and that justice will not be sold, denied or delayed. The charter is the foundation of the English constitution as a body of limits on the crown.