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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 ...
It can be a set of rules, such as the biblical Ten Commandments, and is the form of most legal systems of government today. Alternatively, it can be a set of principles, or a moral code . This alternative definition of a concept of a Moral Constitution finds its only current example in the Bill of Morals efforts of the present government of ...
The United States Constitution has had influence internationally on later constitutions and legal thinking. Its influence appears in similarities of phrasing and borrowed passages in other constitutions, as well as in the principles of the rule of law, separation of powers and recognition of individual rights.
"Consent of the governed" is a phrase found in the 1776 United States Declaration of Independence, written by Thomas Jefferson.. Using thinking similar to that of John Locke, the founders of the United States believed in a state built upon the consent of "free and equal" citizens; a state otherwise conceived would lack legitimacy and rational-legal authority.
While Machiavelli and Douglas are distant in time, the two opposing viewpoints of the types of public administrators, and the ethical stance of the decisions they make, are very relevant today. Further illustrating the bifurcation of thought on ethics in government, Cody and Lynn discuss the two opposing factors: utilitarian's and deontologists ...
In the United States, the right to petition is enumerated in the First Amendment to the United States Constitution, which specifically prohibits Congress from abridging "the right of the people peaceably to assemble, and to petition the Government for a redress of grievances".
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]