Search results
Results from the WOW.Com Content Network
He noted that "questions of constitutionalism could not be answered by reference to given constitutional text or even judicial opinions" but were "open-ended questions drawing upon competing views". [10] A similar distinction was drawn by British constitutional scholar A.V. Dicey in assessing Britain's unwritten constitution. Dicey noted a ...
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 violated.
[7] [8] Notably, Richard H. Helmholz, in a review of Common Good Constitutionalism, described it as "a serious contribution to some of the most pressing legal debates of our times." [9] Jack Goldsmith has praised Common Good Constitutionalism as "the most important book of American constitutional theory in many decades". [7]
In the European tradition, Pocock in his book on the ancient constitution of England argued a common pattern, seen in François Hotman, a French lawyer of the 16th century, of valuing customary law, in tension with a code of law, and taking support for the customary to the point of creating a "historical myth" around it.
Miracle at Philadelphia: The Story of the Constitutional Convention is a work of historical non-fiction, written by Catherine Drinker Bowen and originally published in 1966. Bowen recounts the Philadelphia Convention , a meeting in 1787 that created the United States Constitution .
Originalism is a legal theory that bases constitutional, judicial, and statutory interpretation of text on the original understanding at the time of its adoption. Proponents of the theory object to judicial activism and other interpretations related to a living constitution framework.
Get AOL Mail for FREE! Manage your email like never before with travel, photo & document views. Personalize your inbox with themes & tabs. You've Got Mail!
The 1793 French Constitution, on the other hand, cherished legislative supremacy and was based on the idea influenced by Rousseau – that limited government was best achieved through a "rational democratic self-government seeking to give expression to the general will ... as the optimal antidote to the arbitrary rule of absolute monarchy."