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A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed.
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in federal countries such as the United States and Canada, the relationship between the central government and state, provincial, or territorial governments.
Separation of powers is the division of a government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with others. The typical division into three branches of government, sometimes called the trias politica model, includes a legislature, an executive, and a judiciary. It can be contrasted with fusion of powers in many monarchies, but also parliamentary and semi-presidential systems in which overlap can exist in membership and functions between different branches, especially the executive and legislative.
Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests. Judicial independence is important for the idea of separation of powers.
The Canada Act 1982 is an act of the Parliament of the United Kingdom and one of the enactments which make up the Constitution of Canada. It was enacted at the request of the Senate and House of Commons of Canada to patriate Canada's constitution, ending the power of the British Parliament to amend the constitution. The act also formally ended the "request and consent" provisions of the Statute of Westminster 1931 in relation to Canada, whereby the British parliament had a general power to pass laws extending to Canada at its own request.
In political philosophy, limited government is the concept of a government limited in power. It is a key concept in the history of liberalism.
The Constitutional Act of the Realm of Denmark, also known as the Constitutional Act of the Kingdom of Denmark, or simply the Constitution, is the constitution of the Kingdom of Denmark, applying equally in the Realm of Denmark: Denmark proper, Greenland and the Faroe Islands. The first democratic constitution was adopted in 1849, replacing the 1665 absolutist constitution. The current constitution is from 1953. The Constitutional Act has been changed a few times. The wording is general enough to still apply today.
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. The idea is associated with views that contemporary society should be considered in the constitutional interpretation of phrases. The Constitution is referred to as the living law of the land as it is transformed according to necessities of the time and the situation. Some supporters of the living method of interpretation, such as professors Michael Kammen and Bruce Ackerman, refer to themselves as organists.
Federalist No. 70, titled "The Executive Department Further Considered", is an essay written by Alexander Hamilton arguing for a single, robust executive provided for in the United States Constitution. It was originally published on March 15, 1788, in The New York Packet under the pseudonym Publius as part of The Federalist Papers and as the fourth in Hamilton's series of eleven essays discussing executive power.
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. It is not limited by country or jurisdiction.
Cornelius Adrian Comstock Vermeule is an American legal scholar who is currently the Ralph S. Tyler Professor of Constitutional Law at Harvard Law School. He is an expert on constitutional and administrative law, and, since 2016, has voiced support for Catholic integralism. He has articulated this into his theory of common-good constitutionalism.
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 unconstitutional legislation may be used in order to control government power. Whether a move from a political to a legal constitution has occurred in the United Kingdom after the passing of the Human Rights Act has been debated by scholars, including Richard Paul Bellamy.
Judicial review is a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary. In a judicial review, a court may invalidate laws, acts, or governmental actions that are incompatible with a higher authority. For example, an executive decision may be invalidated for being unlawful, or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers—the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries.
The constitution of the United Kingdom comprises the written and unwritten arrangements that establish the United Kingdom of Great Britain and Northern Ireland as a political body. Unlike in most countries, no official attempt has been made to codify such arrangements into a single document, thus it is known as an uncodified constitution. This enables the constitution to be easily changed as no provisions are formally entrenched.
The rule of law is a political ideal that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. It is sometimes stated simply as "no one is above the law". The term rule of law is closely related to constitutionalism as well as Rechtsstaat. It refers to a political situation, not to any specific legal rule. The rule of law is defined in the Encyclopædia Britannica as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power."
Louis Michael Seidman is the Carmack Waterhouse Professor of Constitutional Law at Georgetown University Law Center in Washington, D.C.. He is a constitutional law scholar and major proponent of the critical legal studies movement. Seidman's 2012 work is On Constitutional Disobedience, where Seidman challenges the viability of political policy arguments made in reference to constitutional obligation.
Constitutionalism is "a compound of 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".
The Separation of powers in Singapore is governed by Constitution of the Republic of Singapore, which splits the power to govern the country between three branches of government – the parliament, which makes laws; the executive, which executes them; and the judiciary, which enforces them. Each branch, while wielding legitimate power and being protected from external influences, is subject to a system of checks and balances by the other branches to prevent abuse of power. This Westminster constitutional model was inherited from the British during Singapore's colonial years.
The Preamble to the Constitution Act, 1867 is a provision of the Constitution of Canada, setting out some of the general goals and principles of the Act. Although the Preamble is not a substantive provision, the courts have used it as a guide to the interpretation of the Constitution of Canada, particularly unwritten constitutional principles which inform the history and meaning of the Constitution.
Parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over all other government institutions, including executive or judicial bodies. It also holds that the legislative body may change or repeal any previous legislation and so it is not bound by written law or by precedent.
References
- ↑ O'Brien, Paula (2011). "Changing Public Interest Law: Overcoming the law's barriers to social change lawyering". AltLJ. 32: 80. Archived from the original on 1 August 2012. Retrieved 25 September 2011. It discusses the influence of this concept on the application of public interest law.
{{cite journal}}: CS1 maint: postscript (link) - 1 2 3 Moore, Christopher (1 November 2008). "Our Canadian Republic -- Do we display too much deference to authority ... or not enough?". Literary Review of Canada . Retrieved 23 October 2009.
- ↑ Tomkins (2002). "In Defence of the Political Constitution". Oxford Journal of Legal Studies . 22 (1): 162. doi:10.1093/ojls/22.1.157.
- ↑ Posner, Eric (2010). The Executive Unbound. London: Oxford University Press. p. 10. ISBN 978-0-19-976533-1.
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