Bar Part I Legal System study materials
Bar Part I Legal System study resources

Bar Part I Legal System: Constitutional framework

Bar Part I Legal System · Work through your exam, one topic at a time.

All guide sections

Constitutional framework

Constitutional framework

This domain tests the architecture of public power: supremacy of the constitution, separation of powers, rule of law, fundamental rights, and review. Questions often ask whether an act is unlawful, unconstitutional, or merely unwise.

Core rules

  • Constitutional supremacy means all state organs are bound; amendments usually require special procedure and may protect entrenched clauses.
  • Separation of powers allocates legislative, executive, and judicial functions; courts review legality, not the merits of policy.
  • Fundamental rights bind the state and may have horizontal effect between private parties depending on the clause.
  • Limitations must have a legal basis, pursue a legitimate aim, and be necessary and proportionate; some rights have non-derogable cores.
  • Judicial review may be concentrated in a constitutional court or diffuse across all courts; standing rules determine who may invoke review.
  • Rule of law requires publicity, predictability, and a legal basis for coercive state action.

Worked example

A statute bans all public assemblies in a city for six months. The aim of public order is legitimate, but a blanket ban is not necessary when permits, conditions, and policing could address the risk. The measure likely fails proportionality and the core of assembly.

Traps

Equating a bad policy with unconstitutionality; ignoring the limitation clause; assuming rights bind only the state; confusing standing with merits; forgetting that emergency powers still have limits.