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In: Film and Music

Submitted By benji636
Words 10446
Pages 42
1. constitutionalism, constitutional supremacy and the rule of law
1. constitutionalism
a. Constitution without constitutionalism?
Keith E Whittington, constitutionalism [5]

* Constitutionalism = the constraining of government in order to better effectuate the fundamental principles of the political regime. i.e. A system of effective restrains on governmental action. * Constitution (often) = the written document that formalizes the framework of government * => Constitutionalism should be distinguished from the mere possession of a constitution * Written constitutions may provide few effective constraints on government or may be ignored, and governments may be effectively constrained w/o a written constitution (e.g. Britain) * Constitutionalism often (does not mean it necessarily equals to) associated specifically with liberalism, protection of individual rights against the state. * => constitutional state identified not by possession of a constitution but by its effective protection of individual rights. * (but individual rights only one set of fundamental principles that might impose meaningful limits on power of the state) * Constitutionalism also used to constrain power holders to care for the common weal or adhere to particular conceptions of national identity or religious law * 3-fold classification of province of constitutionalism * Normative Constitutionalism (most touched-on area) * Concerned with problem of how to reconcile constitutionalism and democracy * Asks questions like how best to legitimize practice of judicial review, how constitutional texts to be interpreted, what’s the best conception of democracy, what set of constitutional rights most worthy of recognition: interpretation, content, structure * Conceptual Constitutionalism * Concerned with what…...

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