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In constitutional law, constitutionality is said to be the condition of acting in accordance with an applicable constitution ; the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When laws, procedures, or acts directly violate the constitution, they are unconstitutional. All others are considered constitutional unless the country ...
Constitutional theory is an area of constitutional law that focuses on the underpinnings of constitutional government. It overlaps with legal theory , constitutionalism , philosophy of law and democratic theory.
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 ...
There is often confusion in equating the presence of a written constitution with the conclusion that a state or polity is one based upon constitutionalism. As noted by David Fellman, constitutionalism "should not be taken to mean that if a state has a constitution, it is necessarily committed to the idea of constitutionalism. In a very real ...
Early in its history, in Marbury v.Madison (1803) and Fletcher v. Peck (1810), the Supreme Court of the United States declared that the judicial power granted to it by Article III of the United States Constitution included the power of judicial review, to consider challenges to the constitutionality of a State or Federal law.
Cognitive liberty, or the "right to mental self-determination", is the freedom of an individual to control their own mental processes, cognition, and consciousness.It has been argued to be both an extension of, and the principle underlying, the right to freedom of thought.
Forget Republicans’ and Trump’s resistance: A serious discussion and debate about Trump’s state of mind wouldn’t be pointless. It might tip the scales for the few undecided voters in the ...
Common good constitutionalism is a legal theory formulated by Harvard law professor Adrian Vermeule that asserts that "the central aim of the constitutional order is to promote good rule, not to 'protect liberty' as an end in itself". [1]