Constitutionalism of the United States has been defined as a complex of ideas, attitudes and patterns elaborating the principle that the authority of government derives from the people, and is limited by a body of fundamental law. These ideas, attitudes and patterns, according to one analyst, derive from "a dynamic political and historical ...
Constitutionalism. Constitutionalism is a form of political thought and action that seeks to prevent tyranny including worst result of majority rule and to guarantee the liberty and rights of individuals. Constitutionalism is the conduct of politics in accordance with a constitution. From the eighteenth century the essential element in modern ...
- Eastern Europe
- Adjustments Made on July 16, 2008
- Technical Edits on Dec 11, 2008
- Legicentrism vs. Constitutionalism
- Use in Book
- Biased Article
- Typographical Error
I think this article would be improved by a section or paragraph at least on Eastern Europe or other communist states, all of which had or have constitutions which certainly did not prevent governments acting arbritrarily against their own populations. — Preceding unsigned comment added by 220.127.116.11 (talk) 21:07, 25 December 2018 (UTC)
I don't think this word has much currency. I've been reading the New York Times (editorial and op ed), the Wall St. Journal, the Economist, and any number of other pages for decades and I've never heard of "constitutionalists" before the quixotic Ron Paul campaign broke out. It seems to me to be an extension of "strict constructionist"
New to this site! Little C or big C! PubliusDaughter03:43, 8 August 2007 (UTC) I don't believe that it is accurate to have a header "Poland" when the text concerns Polish-Lithuanian Commonwealth. It's even a bit discriminative. --Gytisz (talk) 21:16, 4 June 2008 (UTC)
I edited the constitutionalism entry to move a July 14 change made to the article. The paragraph that was added on the 14th, appeared to propound a prescriptive understanding of constitutionalism. It might be better to place that paragrpah under the heading of Examples of Prescriptive Use of constitutionalism. It would be more useful to a reader to have the general definitions of constitutionalism, as it existed before the July 14 entry. I also sought to add to in this revised version of the entry, supplementing the explanation so as to remove any feared "ambiguity" in the statement of the general concept. It would seems that to use as the first introductory item a rather specific (and not verified) explanation of constitutionalism might do the reader a disservice. In any event, I think that the moved paragraph, which is now located under the Examples of Prescriptive Use of Constitutionalism, should be verified by citation to a reliable source in compliance with Wikipedia policy. I...
I made a number of edits more of a technical nature: First, I struck a reference to Brazilian "Constitutionalist Revolution" that was at the top of the page. Except for using a derivation of the term "constitutional" there is no indication in the materials cross-referenced that the revolution concerned principles of constitutionalism - ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law -- rather than the movement to adopt a specific constitution. Second, I restored what would today be considered a misspelling. The article quotes historian Gordon S. Wood. Wood was quoting various pamphlets in teh 1790s about the nature of constitutions. The original source Wood quoted referred to the constitution as a "sett of fundamental rules." A later editor edited the term "sett" with what is the appropriate spelling today, "set." Because the passage is quoting the original 1790s text, I re...
Some legal theorists have posited that the opposite of constituionalism is called legicentrism, since it focuses on the rule of law instead of the corporate and evolving functioning of the State. One of the reasons that constitutionalism became more influential after WW2 was aparently because legicentrism made it much easier for authoritarian regimes to remain in power. ADM (talk) 23:32, 23 March 2009 (UTC)
Much of this article has been reproduced in the book now listed at the top of the page, which also copies considerably from Bureaucracy. See Talk:Bureaucracy for more detail. --Moonriddengirl (talk)18:01, 16 April 2010 (UTC)
I just edited the main article because I found a problem in the definition of "American Constitutionalism." It says something about "kuta," which can't possibly be right. I don't know how to report a problem, so I'm just trying to bring someone's attention to this false information. Also, I don't know the actual definition, otherwise I would put it there. Now someone seems to have fixed the error. Thank you to whomever it was. —Preceding unsigned comment added by 18.104.22.168 (talk) 00:50, 6 February 2011 (UTC)
This article reeks of right wing conservative fanaticism. It belongs in the dust heap of garbage. This is sickening how radical trolls are able to steal and dictate new meanings to words in order to promote their political agenda. -- Calif.DonTracy (talk) 01:35, 1 September 2018 (UTC)
There is a sentence in the Criticisms section which begins "Constitutions are not just about retraining and limiting power". I believe "retraining" is a typo; that it should read "restraining". I would fix it myself, but here at work my IP address is blocked from editing. Mark Hagerman (talk) 20:24, 21 August 2019 (UTC)
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The term constitution comes through French from the Latin word constitutio, used for regulations and orders, such as the imperial enactments (constitutiones principis: edicta, mandata, decreta, rescripta). Later, the term was widely used in canon law for an important determination, especially a decree issued by the Pope, now referred to as an apostolic constitution. William Blackstone used the term for significant and egregious violations of public trust, of a nature and extent that the transgression would justify a revolutionary response. The term as used by Blackstone was not for a legal text, nor did he intend to include the later American concept of judicial review: "for that were to set the judicial power above that of the legislature, which would be subversive of all government".
Generally, every modern written constitution confers specific powers on an organization or institutional entity, established upon the primary condition that it abides by the constitution's limitations. According to Scott Gordon, a political organization is constitutional to the extent that it "contain[s] institutionalized mechanisms of power control for the protection of the interests and liberties of the citizenry, including those that may be in the minority". Activities of officials within an organization or polity that fall within the constitutional or statutory authority of those officials are termed "within power" (or, in Latin, intra vires); if they do not, they are termed "beyond power" (or, in Latin, ultra vires). For example, a students' union may be prohibited as an organization from engaging in activities not concerning students; if the union becomes involved in non-student activities, these activities are considered to be ultra vires of the union's charter, and nobody wo...
Since 1789, along with the Constitution of the United States of America (hereinafter U.S. Constitution), which is the oldest and shortest written constitution still in force,around 220 other similar constitutions were adopted around the world by independent states. In the late 18th century, Thomas Jefferson predicted that a period of 20 years will be the optimal time for any Constitution to still be in force since "the earth belongs to the living, and not to the dead." Indeed, according to recent studies, the average life expectancy of any new written constitution is around 19 years. However, a great number of constitutions do not exceed more than 10 years and around 10% do not last more than 1 year, as it was the case of the French Constitution of 1791. The most common reasons for these continuous changes are the political desire of an immediate outcome and the scarcity of time devoted to the constitutional drafting process. A study from 2009 showed that the average time allocated...
After tribal people first began to live in cities and establish nations, many of these functioned according to unwritten customs, while some developed autocratic, even tyrannical monarchs, who ruled by decree, or mere personal whim. Such rule led some thinkers to take the position that what mattered was not the design of governmental institutions and operations, as much as the character of the rulers. This view can be seen in Plato, who called for rule by "philosopher-kings." Later writers, such as Aristotle, Cicero and Plutarch, would examine designs for government from a legal and historical standpoint. The Renaissance brought a series of political philosophers who wrote implied criticisms of the practices of monarchs and sought to identify principles of constitutional design that would be likely to yield more effective and just governance from their viewpoints. This began with revival of the Roman law of nations concept and its application to the relations among nations, and they...
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 judiciary, but also the relationship of institutions within those branches. For example, executive branches can be divided into a head of government, government departments/ministries, executive agencies and a civil service/administration. Most constitutions also attempt to define the relationship between individuals and the state, and to establish the broad rights of individual citizens. It is thus the most basic law of a territory from which all the other laws and rules are hierarchically derived; in some territories it is in fact called "Basic Law".
Constitutions are often, but by no means always, protected by a legal body whose job it is to interpret those constitutions and, where applicable, declare void executive and legislative acts which infringe the constitution. In some countries, such as Germany, this function is carried out by a dedicated constitutional court which performs this (and only this) function. In other countries, such as Ireland, the ordinary courts may perform this function in addition to their other responsibilities. While elsewhere, like in the United Kingdom, the concept of declaring an act to be unconstitutional does not exist. A constitutional violation is an action or legislative act that is judged by a constitutional court to be contrary to the constitution, that is, unconstitutional. An example of constitutional violation by the executive could be a public office holder who acts outside the powers granted to that office by a constitution. An example of constitutional violation by the legislature is...Apostolic constitution (a class of Catholic Churchdocuments)
Zachary Elkins and Tom Ginsburg. 2021. "What Can We Learn from Written Constitutions?" Annual Review of Political Science.International Constitutional Law:English translations of various national constitutions
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