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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 ...
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in federal countries such as the United States and Canada, the relationship between the central government ...
In politics and law, liberal legalism is a belief that politics should be constrained by legal constitutional boundaries. [1] Liberal legalism has also been called legal constitutionalism, as found in United States and Germany, as opposed to political constitutionalism, which is more typical of Britain, by British constitutional scholar Adam Tomkins.
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.
At this time there was a view that constitutional history was linked to liberalism and individual rights, and in tension with critical legal studies and its approach to legal history. [9] Lewis Henry LaRue, from the side of critical legal studies, in 1987 defended the proposition that constitutional law should be studied in the context of ...
A legal constitution is a constitution where the judiciary form the greatest check upon the use of executive power. A legal constitution can be contrasted with a political constitution where political accountability is the greatest method of controlling government. In a legal constitution, methods of official review and the striking down of ...
Integralism has been identified as a basis for modern legal conceptions that emphasize natural law, including common good constitutionalism. Proposed and popularized by Adrian Vermeule, common good constitutionalism was developed like integralism to "combat the legitimate societal threat of modern liberal individualism". [29]
John Bouvier (1787 – November 18, 1851) was a French-American jurist and legal lexicographer known for his legal writings, particularly his Law Dictionary Adapted to the Constitution and Laws of the United States of America and of the Several States of the American Union (1839).