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Overview

constitutionalism

Subject: Law

This theory, originating within States and demanding the subjection of government to the terms of the constitution, has been extended to international organizations to import very much the ...

constitutionalism

constitutionalism   Reference library

The Oxford Companion to Philosophy (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Philosophy
Length:
244 words

...or assumed prerogatives and entitlements, which serve to define legitimate political activity. Whilst conservatives have generally interpreted constitutionalism in terms of the practices that have evolved over time and favour the unwritten constitution of tradition and custom, liberals associate it with the limitation of government and usually favour a written constitution. Constitutionalism harbours a paradox, however, that is particularly problematic for the liberal view. For in both its foundationalist and regulative guises it seeks to lie outside politics,...

constitutionalism

constitutionalism   Reference library

An Oxford Companion to the Romantic Age

Reference type:
Subject Reference
Current Version:
2009

... was the dominant political language or rhetoric during the reigns of George III and IV. At root it was a language which sought to justify political action by reference to the spirit and ‘letter’ of the unwritten British Constitution, harking back to a historicism [ see *history, 38 ] of real or mythical libertarian events ranging from Saxon democratic practices to Magna Carta and the *Glorious Revolution of 1688 . Constitutionalism was a contested but shared terrain of politics during this period. Its ideology or rhetoric often comprised...

constitutionalism

constitutionalism   Reference library

The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
266 words

... Constitutionalism, as political theory and practice, posits that the powers of government must be structured and limited by a binding constitution incorporating certain basic principles if the protection of values like human liberty and dignity is to be assured. This is the vision expressed in the first ‘modern’ constitutions, those of the United States ( 1789 ), and of France ( 1789 , 1791 ), in contradistinction to the notion of the constitution—previously dominant, but still commanding some support in the United Kingdom—as merely describing...

constitutionalism

constitutionalism   Reference library

Encyclopaedic Dictionary of International Law (3 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, International Law
Length:
65 words

... This theory, originating within States and demanding the subjection of government to the terms of the constitution, has been extended to international organizations to import very much the same: that international organizations have only such powers as are conferred on them expressly in their constituent instruments and (perhaps) as required by necessary implication. See Expenses of the United Nations Case 1962 I.C.J. Rep. 151...

Constitutionalism

Constitutionalism   Reference library

Herman Belz

The Oxford Encyclopedia of American Political and Legal History

Reference type:
Subject Reference
Current Version:
2013
Subject:
Social sciences, Politics, Law, History of Law
Length:
1,956 words

... Constitutionalism is a form of political thought and action that seeks to prevent tyranny and to guarantee the liberty and rights of individuals on which free society depends. This definition, drawn mainly from English and American political history, may be compared with a more formalistic view that regards constitutionalism as the conduct of politics in accordance with a constitution. The import of this definition depends on the meaning of constitution, a term that has been variously interpreted in western political thought. During the American...

constitutionalism

constitutionalism   Reference library

The Oxford Guide to the United States Government

Reference type:
Subject Reference
Current Version:
2002
Subject:
Social sciences, Politics
Length:
997 words

... Limited government and the rule of law, as embodied in legal documents, institutions, and procedures, are the two essential elements of constitutionalism. Limited government means that officials cannot act arbitrarily when they make and enforce public decisions. Public officials cannot simply do as they please. Rather, they are guided and limited by laws as they carry out the duties of their government offices. In the United States, the Constitution is the supreme law that guides and limits the exercise of power by government officials. Laws...

Constitutionalism

Constitutionalism   Reference library

Herman Belz

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
1,907 words

...the essential element in modern constitutionalism was the doctrine of limited government under a written fundamental law. Postmodern constitutionalism in the second half of the twentieth century challenged this outlook by creating activist government to achieve social justice and positive liberty. Tension between these two conceptions of constitutionalism was a prominent feature of American politics as the third century of constitutional government began in the 1990s. Gerhard Casper , Changing Concepts of Constitutionalism: 18th to 20th Century , Supreme...

Constitutionalism

Constitutionalism   Reference library

Oxford Encyclopedia of the Modern World

Reference type:
Subject Reference
Current Version:
2008
Subject:
History, Contemporary History (post 1945)
Length:
3,541 words

...of law, essential to constitutional doctrine. Liberal constitutionalism is fundamentally linked to our present conceptions of national politics and is valued as a development that represents achievements in the direction of democracy. However, this refers to a historically and culturally specific notion of constitutionalism, since there have been other theoretical and practical approaches to constitutions in history. It is in particular interesting to bear in mind that the success of Western constitutionalism and its consequent spread make it difficult to...

Constitutionalism, Popular

Constitutionalism, Popular   Reference library

Larry D. Kramer

The Oxford Encyclopedia of American Political and Legal History

Reference type:
Subject Reference
Current Version:
2013
Subject:
Social sciences, Politics, Law, History of Law
Length:
286 words

..., Popular Popular constitutionalism holds that “the People Themselves”—not the judiciary or any branch of government—have active and final control over constitutional interpretation, as well as exclusive authority to make new constitutional law. Popular constitutionalism is law-like in accepting that legal interpretation imposes constraints different from those that exist in politics: whoever is doing the interpreting is bound by the Constitution’s legal content and must ascertain and enforce whatever limits the text imposes on political action....

World Constitutionalism

World Constitutionalism   Reference library

Loretta Annelise FERIS

Berkshire Encyclopedia of Sustainability

Reference type:
Subject Reference
Current Version:
2016
Subject:
Science and technology, Social sciences
Length:
1,787 words

... World Constitutionalism The twenty-first century is witnessing a growing interest by legal and other scholars in the concept of world or global constitutionalism. World constitutionalism advocates for the application of constitutionalist principles in the international legal sphere with a basic view to improving the fairness and effectiveness of the international law regime. In essence it entails the integration of constitutionalist features in international law. This would essentially require the existence of an international community, an...

Laissez‐faire Constitutionalism

Laissez‐faire Constitutionalism   Reference library

William M. Wiecek

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
763 words

...Constitutionalism The term “laissez‐faire constitutionalism” refers to an ideological attitude that characterized some justices of the Supreme Court between the Civil War and the New Deal . The ideology reflected classical liberal economics, with its commitment to market control of the economy, a preference for entrepreneurial liberty, and a concomitant hostility to governmental regulation; social Darwinism, which extolled competition in the struggle for social existence and survival of the economically fittest; a formalist approach to...

constitution and constitutionalism

constitution and constitutionalism  

Dictionary of the Social Sciences

Reference type:
Subject Reference

...rules. Constitutionalism can refer to politics under either a written or an unwritten constitution, and means simply that the rule of law is respected. Political scientists usually distinguish between ancient and modern forms. Under ancient constitutionalism, the sovereign was bound by a multitude of particularistic agreements with different social actors; these could be written or purely conventional. This practice was widespread in Europe in the Middle Ages and exemplified by England after the Magna Carta ( 1215 ). The age of modern constitutionalism...

Constitutions and Constitutionalism

Constitutions and Constitutionalism   Reference library

Hisham M. Ramadan

The Oxford Encyclopedia of Islam and Politics

Reference type:
Subject Reference
Current Version:
2014
Subject:
Religion, Social sciences, Politics
Length:
3,737 words

...and Constitutionalism . Accompanying the rise of Islam in Arabia, Islamic constitutional principles began to emerge consistently along with the revelation of the Qurʾān and the foundation of sunnah . The first Qurʾānic word revealed was the command “Read” (96:1). This command, with other Qurʾānic verses (20:114, 39:9), laid the foundation for a fundamental right, namely, the equal right to education for both men and women, because the command for gaining knowledge is gender-neutral. Throughout the twenty-three years of its revelation, the message...

constitutionalism

constitutionalism noun   Reference library

The Canadian Oxford Dictionary (2 ed.)

Reference type:
English Dictionary
Current Version:
2005
Subject:
English Dictionaries and Thesauri
Length:
24 words
constitutionalism

constitutionalism noun   Reference library

The New Zealand Oxford Dictionary

Reference type:
English Dictionary
Current Version:
2005
Subject:
English Dictionaries and Thesauri
Length:
26 words
constitutionalism

constitutionalism noun   Reference library

Australian Oxford Dictionary (2 ed.)

Reference type:
English Dictionary
Current Version:
2004
Subject:
English Dictionaries and Thesauri
Length:
26 words
constitutionalism

constitutionalism noun   Quick reference

New Oxford American Dictionary (3 ed.)

Reference type:
English Dictionary
Current Version:
2015
Subject:
English Dictionaries and Thesauri
Length:
40 words
constitutionalism

constitutionalism noun   Quick reference

Oxford Dictionary of English (3 ed.)

Reference type:
English Dictionary
Current Version:
2015
Subject:
English Dictionaries and Thesauri
Length:
44 words
The Separation of Powers in African Constitutionalism

The Separation of Powers in African Constitutionalism   Reference library

Charles Manga Fombad

The Oxford Encyclopedia of African Politics

Reference type:
Subject Reference
Current Version:
2020
Subject:
Social sciences, Politics
Length:
8,972 words

...of Powers in African Constitutionalism Introduction One of the main reasons why dictatorships flourished in postcolonial Africa in the 20th century is constitutional in nature: in many a state, the supreme law of the land paved the way for executive dominance by concentrating power in the office of the president, thereby allowing officeholders to arrogate excessive powers to themselves and misuse them with impunity. Post-independence African leaders inherited fairly liberal constitutions containing elements of modern constitutionalism, such as independent...

constitutionalism

constitutionalism  

Reference type:
Overview Page
Subject:
Law
This theory, originating within States and demanding the subjection of government to the terms of the constitution, has been extended to international organizations to import very much the same: that ...

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