Why are constitutions considered higher law than ordinary laws?

Constitutions are considered "higher law" because they define the fundamental rules that govern an organized group or state, requiring all other laws and institutional actions to conform to them. By establishing the structure and operation of government, a constitution serves as the basic framework to which all secondary rules, such as statutes and bylaws, must adhere.1

This status is reinforced by several key factors:

• Foundational Authority: A constitution articulates the principles that distribute power among government institutions and often delimits those powers to protect individual rights.12
• Rigidity: Many constitutions are "rigid," meaning they cannot be modified through the same simple procedures used to enact ordinary legislation. This difficulty in amendment ensures that fundamental principles remain stable and are not easily overturned by temporary political majorities.3
• Judicial Review: In many systems, particularly those with written constitutions, the judiciary acts as a guardian of this higher law. Courts have the authority to invalidate ordinary legislation if it is found to be incompatible with constitutional provisions, ensuring that the constitution remains the supreme legal standard.456

Ultimately, this hierarchy prevents arbitrary government by ensuring that those in power remain constrained by established, fundamental principles.12