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Constitutionalism
Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law". Political organizations are constitutional to the extent that they "contain institutionalized mechanisms of power control for the protection of the interests and liberties of the citizenry, including those that may be in the minority". As described by political scientist and constitutional scholar David Fellman: Definition Constitutionalism has prescriptive and descriptive uses. Law professor Gerhard Casper captured this aspect of the term in noting, "Constitutionalism has both descriptive and prescriptive connotations. Used descriptively, it refers chiefly to the historical struggle for constitutional recognition of the people's right to 'consent' and certain other rights, freedoms, and privileges. Used prescriptively, its meaning incorporates those features of governmen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a ''written constitution''; if they are encompassed in a single comprehensive document, it is said to embody a ''codified constitution''. The Constitution of the United Kingdom is a notable example of an ''uncodified constitution''; it is instead written in numerous fundamental Acts of a legislature, court cases or treaties. Constitutions concern different levels of organizations, from sovereign countries to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a ''written constitution''; if they are encompassed in a single comprehensive document, it is said to embody a ''codified constitution''. The Constitution of the United Kingdom is a notable example of an ''uncodified constitution''; it is instead written in numerous fundamental Acts of a legislature, court cases or treaties. Constitutions concern different levels of organizations, from sovereign countries to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rule Of Law
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica'' as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power." The term ''rule of law'' is closely related to constitutionalism as well as '' Rechtsstaat'' and refers to a political situation, not to any specific legal rule. Use of the phrase can be traced to 16th-century Britain. In the following century, the Scottish theologian Samuel Rutherford employed it in arguing against the divine right of kings. John Locke wrote that freedom in society means being subject only to laws made by a legislature that apply to everyone, with a person being otherwise free from both governmental ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Limited Government
In political philosophy, limited government is the concept of a government limited in power. It is a key concept in the history of liberalism.Amy Gutmann, "How Limited Is Liberal Government" in Liberalism Without Illusions: Essays on Liberal Theory and the Political Vision of Judith N. Shklar' (University of Chicago Press, 1996), pp. 64–65. Relationship to Constitutions Limited government is closely associated with constitutions; the United States Constitution of 1789 and the French Constitution of 1793 were both enacted in an effort to reaffirm limited government, although in different ways.Michel Rosenfeld, "Modern Constitutionalism as Interplay Between Identity and Diversity" in ''Constitutionalism, Identity, Difference, and Legitimacy: Theoretical Perspectives'' (ed. Michel Rosenfeld: Duke University Press, 1994) pp. 11–12. The U.S. Constitution achieved limited government through a separation of powers: "horizontal" separation of powers distributed power among branches ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Louis Michael Seidman
Louis Michael Seidman (born 1947) is the Carmack Waterhouse Professor of Constitutional Law at Georgetown University Law Center in Washington, D.C., a widely read constitutional law scholar and major proponent of the critical legal studies movement. Seidman's 2012 work is ''On Constitutional Disobedience'', where Seidman challenges the viability of political policy arguments made in reference to constitutional obligation. Education and early career Seidman received an A.B. from University of Chicago and a J.D. from Harvard Law School in 1971. After graduation, he clerked for D.C. Circuit Judge Skelly Wright and later clerked for Justice Thurgood Marshall. Following his clerkship, Seidman joined the Public Defender Service for the District of Columbia. Academic work and influence Seidman is known for his contributions to constitutional legal theory, principally his theory of unsettlement put forward in his book ''Our Unsettled Constitution: A New Defense of Constitutionalism and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Declaration Of Independence
The United States Declaration of Independence, formally The unanimous Declaration of the thirteen States of America, is the pronouncement and founding document adopted by the Second Continental Congress meeting at Pennsylvania State House (later renamed Independence Hall) in Philadelphia, Pennsylvania, on July 4, 1776. Enacted during the American Revolution, the Declaration explains why the Thirteen Colonies at war with the Kingdom of Great Britain regarded themselves as thirteen independent sovereign states, no longer subject to British colonial rule. With the Declaration, these new states took a collective first step in forming the United States of America and, de facto, formalized the American Revolutionary War, which had been ongoing since April 1775. The Declaration of Independence was signed by 56 of America's Founding Fathers, congressional representatives from New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Democracy
Democracy (From grc, δημοκρατία, dēmokratía, ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which people, the people have the authority to deliberate and decide legislation ("direct democracy"), or to choose governing officials to do so ("representative democracy"). Who is considered part of "the people" and how authority is shared among or delegated by the people has changed over time and at different rates in different countries. Features of democracy often include freedom of assembly, freedom of association, association, property rights, freedom of religion and freedom of speech, speech, Social exclusion#Social inclusion, inclusiveness and political equality, equality, citizenship, consent of the governed, voting rights, freedom from unwarranted governmental wikt:deprivation, deprivation of the right to life and liberty, and minority rights. The notion of democracy has evolved over time considerably. Throughout history, one can find evid ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Law
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in federal countries such as the United States and Canada, the relationship between the central government and state, provincial, or territorial governments. Not all nation states have codified constitutions, though all such states have a '' jus commune'', or law of the land, that may consist of a variety of imperative and consensual rules. These may include customary law, conventions, statutory law, judge-made law, or international rules and norms. Constitutional law deals with the fundamental principles by which the government exercises its authority. In some instances, these principles grant specific powers to the government, such as the power to tax and spend for the welfare of the population. Other times, constitutional principles ac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Popular Sovereignty
Popular sovereignty is the principle that the authority of a state and its government are created and sustained by the consent of its people, who are the source of all political power. Popular sovereignty, being a principle, does not imply any particular political implementation.Leonard Levy notes of the "doctrine" of popular sovereignty that it "relates primarily not to the Constitution's ctualoperation but to its source of authority and supremacy, ratification, amendment, and possible abolition" (Tarcov 1986, v. 3, p. 1426). Benjamin Franklin expressed the concept when he wrote that "In free governments, the rulers are the servants and the people their superiors and sovereigns". Origins Popular sovereignty in its modern sense is an idea that dates to the social contract school represented by Thomas Hobbes (1588–1679), John Locke (1632–1704), and Jean-Jacques Rousseau (1712–1778). Rousseau authored a book titled '' The Social Contract'', a prominent political work that ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Separation Of Powers
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typical division is into three branches: a legislature, an executive, and a judiciary, which is sometimes called the model. It can be contrasted with the fusion of powers in parliamentary and semi-presidential systems where there can be overlap in membership and functions between different branches, especially the executive and legislative, although in most non-authoritarian jurisdictions, the judiciary almost never overlaps with the other branches, whether powers in the jurisdiction are separated or fused. The intention behind a system of separated powers is to prevent the concentration of power by providing for checks and balances. The separation of powers model is often imprecisely and metonymically used interchangeably with the ' princ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Checks And Balances
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typical division is into three branches: a legislature, an executive, and a judiciary, which is sometimes called the model. It can be contrasted with the fusion of powers in parliamentary and semi-presidential systems where there can be overlap in membership and functions between different branches, especially the executive and legislative, although in most non-authoritarian jurisdictions, the judiciary almost never overlaps with the other branches, whether powers in the jurisdiction are separated or fused. The intention behind a system of separated powers is to prevent the concentration of power by providing for checks and balances. The separation of powers model is often imprecisely and metonymically used interchangeably with the ' princip ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Popular Constitutionalism
Judicial populism or juridical populism is a phenomenon where the judgments and actions of the courts are driven by the perception of the masses or certain groups. The term, which some refer to as popular constitutionalism, has been described as a reaction to the perceived elitist bias in the legal system. Judicial populism can also refer to the actions of the courts that reflect public sentiment or those aimed at garnering public support for the judicial institution. Background Judicial populism is considered an aspect of populist politics, particularly the strand that claims to represent the interests of the people against a corrupt elite. Due to accusations of excessive privileges, inefficiencies, and possible corruption, there is an increased hostility towards the judicial system and the creation of an atmosphere of distrust for the courts. Activism among populist groups calls for judicial decisions that reflect the collective will of the people within a particular subcult ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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