nonconstitutional

Nonconstitutional is an adjective used in legal and political analysis to describe actions, powers, or provisions that are not drawn from, or authorized by, a constitution. A nonconstitutional measure derives its authority from sources such as statutes, regulations, executive orders, or common law rather than from the constitutional text itself. The term is often used to distinguish between powers that exist by virtue of constitutional grant and those that exist outside that framework but remain legally operative under other legal authorities.

In practice, nonconstitutional authority can include statutes that authorize agencies to regulate or enforce rules, or executive actions based on statutory delegation rather than constitutional provision. It can also refer to common-law rights and duties that develop independently of constitutional guarantees. The key distinction is that nonconstitutional does not imply illegality; rather, it indicates sourcing outside the constitution itself.

However, nonconstitutional actions can raise constitutional issues, especially if they impinge on constitutional rights or powers. Courts may review such actions for legality and constitutionality, and if they conflict with the constitution, they can be struck down as unconstitutional. In scholarly discourse, terms like extraconstitutional or statutory authority are often used interchangeably or preferred for precision.

Overall, nonconstitutional denotes the existence of legal authority outside the constitutional source, while still potentially operating within the broader legal system.