chapter Defining the Constitution Defining the Constitution The Constitution is not merely a legal document; it is the fundamental architectural theory upon which the state is built, defining the relationship between the governing and the governed. It acts as the ultimate reference point—the Grundnorm , in Hans Kelsen’s terms—from which all other laws derive legitimacy. To define it requires analyzing its conceptual origins, its functional utility, and its contemporary, evolving nature. --- 1. The Concept and Theory of Foundation At its core, a Constitution is the manifestation of the highest form of social and political consensus. It serves as the institutional embodiment of the Social Contract , transforming a populace into a sovereign body politic. 1.1 The Legal Perspective: Apex and Source Legally, the Constitution is the Supreme Law of the Land . It stands at the apex of the legal hierarchy, establishing the legitimacy and scope of all statutory, common, and administrative laws. A...