Constitutionalism describes the idea that government authority comes from fundamental law and is limited by it. This lesson introduces the term, distinguishes its descriptive and prescriptive uses, and explains why constitutionalism is not simply the study of a written constitution.
Constitutionalism is a compound of ideas, attitudes, and patterns of behavior that establish two connected principles: government derives its authority from fundamental law, and that same law limits how government may use its authority. Government officials are therefore not free to act however they wish. They must observe both restrictions on their powers and the procedures established by the community's supreme law.
All flashcards
What is constitutionalism?
The principle and practice that government authority derives from fundamental law and is constrained by that higher law.
What does limited government mean in constitutionalism?
Officials must act within legal limits and follow established procedures rather than exercise arbitrary or unlimited power.
What is the descriptive use of constitutionalism?
It traces the historical development and struggle for recognition of rights, freedoms, consent, and constitutional principles.
What is the prescriptive use of constitutionalism?
It evaluates what a constitution and government should be, including what legal limits and protections they ought to provide.
How do constitutional conventions differ from constitutional law?
Constitutional law consists of rules recognized or enforced by courts. Conventions are political customs and principles that guide conduct but are not enforced by courts.
Quiz questions
What does popular sovereignty identify as the ultimate source of political authority?Answer: The people
What role can constitutional protections play in a democracy?Answer: Safeguard rights and liberties, including those of political minorities.
What is Jeremy Waldron's central concern about constitutional restraints?Answer: They may limit popular control and disempower ordinary people.
What is Murray Rothbard's criticism of constitutional checks and enforcement?Answer: Government institutions must interpret and enforce limits and may permit power to expand.
What should be examined to assess whether a state practices constitutionalism?Answer: Whether power is actually limited and rights are protected.
Based on the Wikipedia article Constitutionalism, licensed CC BY-SA 4.0. Adapted into a summary, flashcards and quizzes.