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A constitutional institution, constitutional body or constitutional organ is a government institution created by a constitution.As these institutions derives its powers, duties and responsibilities directly from the constitution, which is harder to be amended by legislature compared to sub-constitutional laws, their status is rather more stable and independent than institutions created by sub ...
No part of the Constitution expressly authorizes judicial review, but the Framers did contemplate the idea, and precedent has since established that the courts could exercise judicial review over the actions of Congress or the executive branch. Two conflicting federal laws are under "pendent" jurisdiction if one presents a strict constitutional ...
The term "tripartite system" is commonly ascribed to French Enlightenment political philosopher Montesquieu, although he did not use such a term but referred to the "distribution" of powers. In The Spirit of Law (1748), [ 17 ] Montesquieu described the various forms of distribution of political power among a legislature , an executive , and a ...
This concept is not written into the Constitution, but was envisioned by many of the Constitution's Framers (for example, The Federalist Papers mention it). The Supreme Court established a precedent for judicial review in Marbury v. Madison. There were protests by some at this decision, born chiefly of political expediency, but political ...
The principles from the French Declaration of the Rights of Man and of the Citizen still have constitutional importance.. 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 ...
If any federal or state statute or regulation conflicts with the Constitution, the language of the U. S. Constitution controls. Also, even if a state constitution conflicts, the U.S. Constitution ...
Presidential copy of the Russian Constitution. Most commonly, the term constitution refers to a set of rules and principles that define the nature and extent of government. Most constitutions seek to regulate the relationship between institutions of the state, in a basic sense the relationship between the executive, legislature and the ...
In many countries, (such as Ireland, Sweden, and Vietnam) the term "government" refers to the body of executive ministers; the broader organs of state having another name. Others, such as Spain, Poland, and Cuba, refer to their cabinet as a council of ministers, or the similar council of state.