Quasiconstitutional

Quasiconstitutional is an adjective used in political science and law to describe norms, statutes, or practices that operate with constitutional-level significance without being part of the formal text of a constitution or without being entrenched in the traditional amendment process. Such norms may constrain governmental power, protect fundamental rights, or structure the distribution of powers, yet they originate outside the formal constitutional framework or reside in a delegated or transitional framework.

Usage and characteristics: Quasiconstitutional norms are typically characterized by high stability, broad judicial protection, or political consensus that makes them difficult to amend through ordinary legislation. They may be recognized by courts as having constitutional status, or established through referendum or supermajority requirements, or embedded in a basic law, fundamental statute, or constitutional convention.

In practice: Examples include judicially recognized fundamental rights that are not enumerated in the constitutional text but treated as essential; or transitional arrangements that guide governance during a regime’s evolution, which operate like constitutional provisions even if not formally in the constitution. The term is often used in comparative contexts to discuss how different systems protect core norms beyond the written constitution.

Evaluation: Supporters argue quasiconstitutional norms safeguard core values and provide stability, while critics worry about ambiguity, the potential for judicial overreach, or opaque power beyond ordinary legislative processes.

See also: constitutionalism; entrenched clauses; fundamental rights; basic structure doctrine; constitutional convention.