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Constitutionalism is descriptive of a complicated concept, deeply embedded in historical experience, which subjects the officials who exercise governmental powers to the limitations of a higher law. Constitutionalism proclaims the desirability of the rule of law as opposed to rule by the arbitrary judgment or mere fiat of public officials ...
Constitutionalism in the United States is a basic value espoused by political parties, activist groups and individuals across a wide range of the political spectrum, that the powers of federal, state and local governments are limited by the Constitution of the United States and that the civil and political rights of citizens shall not be ...
Common good constitutionalism's grounding in a Catholic moral framework has led to charges that, in practice, it is inherently theocratic. [29] David Dyzenhaus has heavily criticized Vermeule's conception of Common Good Constitutionalism, hailing it an "authoritarian" idea seeking to instill "Christian theocratic rule". [30]
Kant was basing his doctrine on none other but constitutionalism and constitutional government. Kant had thus formulated the main problem of constitutionalism, “The constitution of a state is eventually based on the morals of its citizens, which, in its turns, is based on the goodness of this constitution.” Kant's idea is the foundation for ...
The principle of the rule of law and constitutionalism is aided by acknowledging that the constitution is entrenched beyond simple majority rule. [113] However, the notwithstanding clause operates to provide a limited "legislative override" of certain fundamental freedoms contained in the Charter, and has been invoked at different times by ...
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Usually considered one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to formerly enslaved Americans following the American Civil War.
The Constitution of the United States of America: Analysis and Interpretation (popularly known as the Constitution Annotated or CONAN) is a publication encompassing the United States Constitution with analysis and interpretation by the Congressional Research Service along with in-text annotations of cases decided by the Supreme Court of the United States. [1]
The Oxford Companion to Law (1980) defined it as the study of the "origins, evolution and historical development" of the constitution of a community. [1] The English term is attributed to Henry Hallam, in his 1827 work The Constitutional History of England. [2] It overlaps legal history and political history.