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The sociology of law, legal sociology, or law and society is often described as a sub-discipline of sociology or an interdisciplinary approach within legal studies. [1] Some see sociology of law as belonging "necessarily" to the field of sociology, [2] but others tend to consider it a field of research caught up between the disciplines of law and sociology. [3]
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.
Dicey noted a difference between the "conventions of the constitution" and the "law of the constitution". The "essential distinction" between the two concepts was that the law of the constitution was made up of "rules enforced or recognised by the Courts", making up "a body of 'laws' in the proper sense of that term."
In sociology, authority is the legitimate or socially approved power which one person or a group possesses and practices over another. The element of legitimacy is vital to the notion of authority and is the main means by which authority is distinguished from the more general concept of power .
Power may also take structural forms, as it orders actors in relation to one another (such as distinguishing between a master and an enslaved person, a householder and their relatives, an employer and their employees, a parent and a child, a political representative and their voters, etc.), and discursive forms, as categories and language may ...
The rule according to higher law is a practical approach to the implementation of the higher law theory that creates a bridge of mutual understanding (with regard to universal legal values) between the English-language doctrine of the rule of law, traditional for the countries of common law, and the originally German doctrine of Rechtsstaat ...
A constitutional right can be a prerogative or a duty, a power or a restraint of power, recognized and established by a sovereign state or union of states. Constitutional rights may be expressly stipulated in a national constitution, or they may be inferred from the language of a national constitution, which is the supreme law of the land, meaning that laws that contradict it are considered ...
Instead, he divides it between political society (the police, the army, legal system, etc.) – the arena of political institutions and legal constitutional control – and civil society (the family, the education system, trade unions, etc.) – commonly seen as the private or non-state sphere, which mediates between the state and the economy ...