Question

Explain the differences

between fundamental law and statutory law.
Describe the role these two categories of law play
in constitutional change and reform.

Answer 1

Fundamental law is embedded in a constitution and requires a supermajority to change, ensuring stability, whereas statutory law is created by legislature and can be altered with a simple majority, allowing for adaptability. Both play roles in constitutional change; fundamental law through difficult-to-achieve amendments, and statutory law through easier reforms and indicative shifts in societal values.

Step-by-step explanation:

Fundamental law, often embodied in a constitution, is the supreme law that sets the basic structure and principles of a government. In contrast, statutory law consists of laws passed by a legislative body to address specific issues within the framework set by the fundamental law. Fundamental laws are difficult to amend because they require a supermajority, illustrating their durability and foundational role in a country's legal system. Statutory laws, however, can be changed with a simple majority, reflecting the need for legal systems to adapt to societal changes more readily.

These two categories of law play crucial roles in constitutional change and reform. While constitutional amendments, which are formal changes to the fundamental law, necessitate broad consensus and are thus harder to effectuate, statutory changes allow for more dynamic governance and can hint at societal readiness for constitutional reforms. Furthermore, certain constitutional amendments can be indirectly achieved through judicial interpretations or changing practices, known as informal amendments, showcasing the constitution as a living document that evolves with the times.

Answer 2

Fundamental law is the legal foundation of a nation, and it establishes the basic principles that govern the nation. It cannot be changed without the approval of the people. Statutory law is created by the legislature and can be changed by a simple majority vote. It is the body of law that governs the day-to-day operations of the government. Constitutional change and reform can only be accomplished through a change in the fundamental law.