Constitution

:For the entry on the naval ship U.S.S. Constitution, see: USS Constitution.

General features

Generally, all constitutions confer specific powers to an organisation on the condition that it abides by this constitution or charter limitation. In modern constitutions, there is usually a sense of the constitution's legitimacy being derived from wide consensus, whether the constitution in question is a constitution of government or just the constitution of a private club. The Latin term ultra vires describes activities that fall outside an organisation's or legislative body's legal or constitutional authority. For example, a students' union may be prohibited as an organisation from engaging in activities not concerning students; if the union becomes involved in non-student activities these activities are considered ultra vires of the union's charter. An example from the constitutional law of nation-states would be a provincial government in a federal state trying to legislate in an area exclusively enumerated to the federal government in the constitution. For example, in the United States, any attempt by a state legislature to ratify a treaty with a foreign nation would be considered ultra vires of Congress' constitutional authority, being contrary to the constitution. In both cases, "ultra vires" gives a legal justification for the forced cessation of such action, which would be enforced by the judiciary in government.

Related Topics:
Ultra vires - Legislative - Students' union - Judiciary

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