We are independent & ad-supported. We may earn a commission for purchases made through our links.
Advertiser Disclosure
Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.
How We Make Money
We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently of our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.
Civil

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

What Is Fundamental Law?

Jessica Ellis
By
Updated: May 16, 2024
Views: 15,816
Share

Fundamental law, also called organic law, sets standards for a system of laws. Most federal and state constitutions are considered examples of fundamental law. A fundamental law system sets forth the major principles from which all other laws must be built.

In a constitution, this kind of law is used to set up the basic categories of rights and responsibilities both for citizens and for the government. The US Constitution, for instance, confers both powers and limitations on government and lays out some of the major rights of US citizens.

The rights and regulations created by these laws will vary based on the needs and will of the citizens involved in creating the constitution. The original US Constitution was very concerned with creating a stable, elected government that would have limited power as a result of centuries of dissatisfaction with tyrannous monarchies.

Similarly, at the time of the Founding Fathers, America was a place of immigrants and refugees from plagues, tyrants, and religious oppression. Thus, one of the fundamental principles repeatedly asserted in the US Constitution was the idea that people have individual rights to free expression, freedom of religion, a right to participate in elections, and freedom to own property. Of course, in the 18th century, the definition of “people” was limited to land-owning white males, which later Constitutional amendments altered to include all adults of any race or sex.

A fundamental law does not only apply to nation building. The term may be used to describe any legal basis on which a system of some kind is founded. For instance, in Japan, the Fundamental Law of Education was created in 1947 as a charter for the education system throughout the country. This document, which was revised in 2006, lays down the fundamental principles that education is vital to the state and that it should be available in all places, to all people.

Documents and charters that are recognized as fundamental laws may be open to amendments, but may impossible to legally overturn. Since the principles contained within are believed to be the foundation of the state, they are therefore usually the most concrete laws in existence. This does not mean, however, that this law is open to broad interpretation. Constitutional scholars, lawyers, politicians, and scholars frequently come to loggerheads over exact meaning of a law.

While violation of a fundamental law may be technically illegal, there are not always enforceable or even widely-sought punishments in all situations. For instance, the US Constitution quite explicitly guarantees freedom of individual expression, held up by a long history of judicial precedence that includes choice of clothing as a form of protected expression. Nevertheless, many public, compulsory schools require that students adhere to a dress code, even though this technically violates fundamental laws.

Share
MyLawQuestions is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Jessica Ellis
By Jessica Ellis
With a B.A. in theater from UCLA and a graduate degree in screenwriting from the American Film Institute, Jessica Ellis brings a unique perspective to her work as a writer for MyLawQuestions. While passionate about drama and film, Jessica enjoys learning and writing about a wide range of topics, creating content that is both informative and engaging for readers.
Discussion Comments
Jessica Ellis
Jessica Ellis
With a B.A. in theater from UCLA and a graduate degree in screenwriting from the American Film Institute, Jessica Ellis...
Learn more
Share
https://www.mylawquestions.com/what-is-fundamental-law.htm
Copy this link
MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.

MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.