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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 ...
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]
Vermeule's common good constitutionalism has drawn a range of responses, both positive and negative. Legal scholar 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... Vermeule’s book has the merit of providing some of the details ...
The constitution of the United States, as a historical research area, was considered to be in decline by Menard in 1971, citing also George Athan Billias and Eric Cantor. [7] Harry N. Scheiber in 1981 noted that some historians in the field saw a "genuine crisis", which he reported was widely attributed to competition from newer approaches in ...
The Living Constitution, or judicial pragmatism, is the viewpoint that the U.S. constitution holds a dynamic meaning even if the document is not formally amended.The Constitution is said to develop alongside society's needs and provide a more malleable tool for governments.
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The narrative extends to the challenges faced by the American Constitution, including conflicts between the Executive and the Supreme Court. He emphasizes the importance of the American experiment in constitutionalism, noting its enduring success while acknowledging ongoing challenges and the need for constant vigilance to uphold the rule of law.
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