Section Vs Article

Section   Vs   Article

When any fundamentally important document is drafted which may be a grundnorm (Fundamental norm to support all other legal norms) of that system, then generally it is differentiated from the ordinary municipal laws by referring to its clauses as articles rather than sections, such as United Nations Charter, International Conventions, Constitution of a country etc. from where other laws or rules originate.

Not necessarily that a Constitution has always articles but no sections. Article is used to convey an impression that they are more elaborate and conventional in expression.

The word "article" is used in English law in relation to the Memorandum and Articles of Association of a company, Articles of partnership, Articles of clerkship or apprenticeship. They are all in the context of forming some agreement. Outside the legal context we have articles of faith. And Articles are what the component part of interntional treaties are called. I suggest that part of the explanation lies in the general sense of the word "article”. A separate thing. So a treaty is a collection of things - we agree to this, and this and this.... Magna Carta was thought of as articles. "The twenty-five barons shall swear to obey all the above articles faithfully, and shall cause them to be obeyed by others to the best of their power". But the oldest statute in English law still in force, the Statute of Marlborough, 1267, refers to what is enacted as "provisions" ("provisiones" in the original Latin) but then goes on to say " the King, intending to devise convenient Remedy, hath made these Acts, Ordinances, and Statutes underwritten" [or perhaps Provisions, Ordinances, and Statutes]. But no articles. On the other hand, these days we would think of ordinances and statutes as separate documents. The late and distinguished British drafter, Francis Bennion, tells us that the parts of an Order in Council in the UK (an Order made by the monarch, the Council being the Privy Council) are Articles - and inded it is so, I had not registered that before. The French use the word "Article" in ordinary legislation (at least Codes, Lois (Acts) and Ordinances). But they may divide a piece of legislation into "sections" within which are Articles (in the same way as the word "Chapter" is used in an English statute). Perhaps French usage affected international usage. It was the "language of diplomacy", after all. On the other hand, there was simply a lot of trade in law and language between countries, especially in terms of bills of rights and constitutions. Turning to Constitutions. The US Constitution is divided into Articles (within which are sections). Recall the origin of the US Constitution: an agreement between the original 13 states. Also, the legal tradition being British, they would have looked perhaps to the Articles of Union between England and Scotland. On the other hand, at least the State of Delaware, in its own Constitution of 1776, used the word "Article" to refer to separate stipulations.

The pre-independence constitution was the Constitution of India Act 1935, an Act of the British Parliament. That was divided into sections. The Indians were very much influenced by precedents such as the Americans, the French, even the British, the Canadians and the Irish. The Irish Constitution is divided into Articles (themselves divided into sections). I note that as early as December 1946, "General Directions" prepared "originally at the instance of Pandit Jawaharlal Nehru" and submitted to the Union Constitution Committee of the Constituent Assembly, uses the word "Article". Most British colonies became independent with constitutions drafted by the Colonial Office, and used "sections". Post independence constitutions also sometimes retain that terminology (e.g. Nigeria 1999, South Africa 1996). Kenya 2010 uses Articles. This began as a deliberate departure from the past on the part of the Constitution of Kenya Review Commission in 2002 -- even though it drew quite heavily from South Africa. But it also drew from India, Uganda (Articles), and Canada -- especially the Charter of Rights and Freedoms (sections). There are reasons for usages - but usages they remain. But one needs to get it right within the particular tradition.