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.
The separation of powers principle functionally differentiates several types of state power and requires these operations of government to be conceptually and institutionally distinguishable and articulated, thereby maintaining the integrity of each. To put this model into practice, government is divided into structurally independent branches to perform various functions. When each function is allocated strictly to one branch, a government is described as having a high degree of separation; whereas, when one person or branch plays a significant part in the exercise of more than one function, this represents a fusion of powers.
An entrenched clause or entrenchment clause of a constitution is a provision that makes certain amendments either more difficult or impossible to pass. Overriding an entrenched clause may require a supermajority, a referendum, or the consent of the minority party. The term eternity clause is used in a similar manner in the constitutions of Brazil, the Czech Republic, Germany, Greece, India, Iran, Italy, Morocco, Norway, and Turkey, but specifically applies to an entrenched clause that can never be overridden. However, if a constitution provides for a mechanism of its own abolition or replacement, like the German Basic Law does in Article 146, this by necessity provides a "back door" for getting rid of the "eternity clause", too.
In political philosophy, limited government is the concept of a government limited in power. It is a key concept in the history of liberalism.
Mixed government is a form of government that combines elements of democracy, aristocracy and monarchy, ostensibly making impossible their respective degenerations which are conceived in Aristotle's Politics as anarchy, oligarchy and tyranny. The idea was popularized during classical antiquity in order to describe the stability, the innovation and the success of the republic as a form of government developed under the Roman constitution.
Rechtsstaat is a doctrine in continental European legal thinking, originating in German jurisprudence. It can be translated into English as "rule of law", alternatively "legal state", state of law, "state of justice", or "state based on justice and integrity". It means that everyone is subjected to the law, especially governments.
The Moral Constitution is a means of understanding the U.S. Constitution which emphasizes a fusion of moral philosophy and constitutional law. The most prominent proponent is Ronald Dworkin, who advances the view in Law's Empire and Freedom's Law: The Moral Reading of the American Constitution. Alternatively, it can be taken to mean a constitution that defines the fundamental political principles and establishes the power and duties of each government, and does so while being consistent with a moral code. The moral code can take any of the same forms as the constitution itself: written, unwritten, codified, uncodified, etc. Former Chief Justice of Indonesian Constitutional Court, Jimly Asshiddiqie, also wrote his book on "The Court of Ethics and Constitutional Ethics" (2014) advocating a new perspective on the 'rule of ethics' besides the doctrine of the 'rule of law'.
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.
The Constitution of the Republic of Kazakhstan is the highest law of Kazakhstan, as stated in Article 4. The Constitution was approved by referendum on 30 August 1995. This date has since been adopted as the "Constitution Day of the Republic of Kazakhstan".
The political philosophy of Immanuel Kant (1724–1804) favoured a classical republican approach. In Perpetual Peace: A Philosophical Sketch (1795), Kant listed several conditions that he thought necessary for ending wars and creating a lasting peace. They included a world of constitutional republics by establishment of political community. His classical republican theory was extended in Doctrine of Right (1797), the first part of Metaphysics of Morals. At the end of the 20th century Kant's political philosophy had been enjoying a remarkable renaissance in English-speaking countries with more major studies in a few years than had appeared in the preceding many decades.
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 rule of law is a political ideal that all people 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."
This is an index of articles in jurisprudence.
Constitutional economics is a research program in economics and constitutionalism that has been described as explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the choices and activities of economic and political agents". This extends beyond the definition of "the economic analysis of constitutional law" and is distinct from explaining the choices of economic and political agents within those rules, a subject of orthodox economics. Instead, constitutional economics takes into account the impacts of political economic decisions as opposed to limiting its analysis to economic relationships as functions of the dynamics of distribution of marketable goods and services.
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 rule of law is one of the longest established common law fundamental principles of the governance of the United Kingdom, dating to Magna Carta of 1215, particularly jurisprudence following its late 13th century re-drafting. At a minimum, it subjects an otherwise absolute monarch (executive) and all free people within its jurisdictions, primarily those of England and Wales, Scotland and Northern Ireland, to legal doctrines known as the general principles of law. It has evolved to work only alongside equal application of the law to all free people 'equality before the law' and within the framework of the constitutional monarchy supports the legal doctrine of parliamentary sovereignty. Exactly what it entails beyond this and the way that different aspects of the rule of law principle are applied, depends on the specific situation and era.
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. Changes to the constitution typically require a supermajority, often two thirds of votes instead of one half.
New constitutionalism is derived from the classical neo-liberalism framework and represents a set of political policies that promote a new global order. The goal of new constitutionalism is to separate the democratic and economic practices by shifting economic aims from the regional and national level to the global level through constitutional framework. The purpose of this shift is to create global supremacy and promote a free capitalist system.
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". Vermeule describes it as an attempt to revive and develop the classical legal tradition by understanding enacted law as a positive application of background natural law principles. Within this tradition, he claims law is defined as "an ordinance of reason promulgated by political authorities for the common good." Vermeule states that law in this sense is "not tethered to particular written instruments of civil law or the will of the legislators who created them" but instead embody rational determinations of the common good, and it is those determinations, as well as the natural law background against which they are made, which constitute the law. Vermeule says that these principles include "a candid willingness to "legislate morality."
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