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Consent of the governed. In political philosophy, the phrase consent of the governed refers to the idea that a government 's legitimacy and moral right to use state power is justified and lawful only when consented to by the people or society over which that political power is exercised. This theory of consent is starkly contrasted with the ...
t. e. In the United States, strict constructionism is a particular legal philosophy of judicial interpretation that limits or restricts the powers of the federal government only to those expressly, i.e., explicitly and clearly, granted to the government by the United States Constitution. While commonly confused with textualism or originalism ...
Montesquieu. Charles Louis de Secondat, Baron de La Brède et de Montesquieu[ a] (18 January 1689 – 10 February 1755), generally referred to as simply Montesquieu, [ b] was a French judge, man of letters, historian, and political philosopher . He is the principal source of the theory of separation of powers, which is implemented in many ...
Separation of powers is a political doctrine originating in the writings of Charles de Secondat, Baron de Montesquieu in The Spirit of the Laws, in which he argued for a constitutional government with three separate branches, each of which would have defined abilities to check the powers of the others. This philosophy heavily influenced the ...
Limited government is closely associated with constitutions and constitutionalism; 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. [ 2] The U.S. Constitution achieved limited government through a separation of powers ...
The separation of powers principle functionally differentiates several types of state power (usually law-making, adjudication, and execution) and requires these operations of government to be conceptually and institutionally distinguishable and articulated, thereby maintaining the integrity of each. [ 1]
Federalist No. 51, titled: "The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments", is an essay by James Madison, the fifty-first of The Federalist Papers. This document was first published by The New York Packet on February 8, 1788, under the pseudonym Publius, the name under which all ...
Philosophy. Philosophy of law is a branch of philosophy that examines the nature of law and law's relationship to other systems of norms, especially ethics and political philosophy. [ 1][ 2] It asks questions like "What is law?", "What are the criteria for legal validity ?", and "What is the relationship between law and morality ?"