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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.
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 ...
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.
Constitutional theory is an area of constitutional law that focuses on the underpinnings of constitutional government. It overlaps with legal theory , constitutionalism , philosophy of law and democratic theory.
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 ...
Legal formalism is both a descriptive and normative theory of how judges should decide cases. [1] In its descriptive sense, formalists maintain that judges reach their decisions by applying uncontroversial principles to the facts; formalists believe that there is an underlying logic to the many legal principles that may be applied in different cases.
Cornelius Adrian Comstock Vermeule (/ v ər ˈ m juː l /, [2] born May 2, 1968) is an American legal scholar who is the Ralph S. Tyler Professor of Constitutional Law at Harvard Law School. An expert on constitutional and administrative law , since 2016 he has voiced support for Catholic integralism . [ 3 ]
Legal awareness, sometimes called public legal education or legal literacy, is the empowerment of individuals regarding issues involving the law. [1] Legal awareness helps to promote consciousness of legal culture , participation in the formation of laws and the rule of law .