4. Sources of constitutional law:

-precedent-in common law systems, but to certain degree this can also happen in continental law thanks to judicial review of constitution

-customary law (unwritten)

-constitution is, however, main source of constitutional law - supreme legislation of higher order in hierarchy of law sources in given legal system. (constitutional law in narrow sense)

-in broad sense constitutional law contains not only constitution, but also all other legislation and regulations that are created based on constitution with intent of realization of its norms in detail.

-in common law systems source of constitutional law, next to constitution itself is constitutional precedent

5. Forms of constitution.

Constitution has two forms-codified and non-codified. Non-codified does not mean that it is not written law, it means that it is not concentrated in one document. Instead, it is non-concentrated set of norms present in many sources.

Codified or non codified constitutions are also called constitutions in formal and material sense. Constitution in formal sense – means constitution consisting of one document.. In material sense-as set of laws that form framework of the state – not codified (like UK constitution). Please note that some may use those terms to describe law of the constitution (formal sense) and constitutional law (material sense) which may be confusing.

Constitution can also be build out of several legislative acts of higher authority, linked together and building constitution in material sense. For instance Poland after fall of communism had so called small constitution that amended certain articles of the communist constitution, also revoking certain of its parts and developing new. Those changes coexisted with constitutional legislation (legislation that has similar strength as constitution itself) which regulated methods of preparing, creating and passing new constitution that was expected to be ready in few years. Thus Poland had three documents of constitutional level at the same time - communist constitution of peoples republic of Poland, small constitution that modified constitution, and constitutional bill that regulated the way in which new constitution can be passed.

6. Position of constitution in legal system:

Constitution is legislation, but legislation of higher order, above normal type of legislation, since it sets rules for other rules. What is important to understand and remember is the fact, that constitution can be used to all norms below it directly-thus it does not need intermediary, and its supremacy shows in the fact that it can be used directly to all and in all legal relations. Therefore individual can invoke constitution in any situation as basis of its rights.

This also means, that since constitution has highest legal power, no other law can be passed that contradicts it, and law of lower order cannot change it (negative primacy of constitution). Moreover laws that are passed must be passed in order to fulfil norms of constitution - that’s their purpose (positive primacy of constitution).

Constitution, being primary legislation:

a) sets cardinal laws, being foundation of whole political and social order, giving rights to individual, protecting them and setting limits of state power

b) sets axiology of law, therefore-values that law protects, and this implies hierarchy of norms as well as method of their creation (who can make law, what this law has to do in general, and what is more important than anything else)

c) rule that constitution is master legislation above other legislation, thus it is highest in hierarchy