The Curious Constitution of Puerto Rico Harvard Political Review in 1977

Conventionalities that government authority derives from fundamental law

Constitutionalism is "a chemical compound of ideas, attitudes, and patterns of behavior elaborating the principle that the say-so of government derives from and is limited by a body of fundamental law".^[ane]

Political organizations are constitutional to the extent that they "comprise institutionalized mechanisms of power control for the protection of the interests and liberties of the citizenry, including those that may be in the minority".^[2] As described by political scientist and constitutional scholar David Fellman:

Constitutionalism is descriptive of a complicated concept, deeply embedded in historical experience, which subjects the officials who exercise governmental powers to the limitations of a higher police force. Constitutionalism proclaims the desirability of the rule of constabulary as opposed to rule by the arbitrary judgment or mere fiat of public officials ... Throughout the literature dealing with modern public law and the foundations of statecraft the fundamental element of the concept of constitutionalism is that in political society government officials are not complimentary to exercise anything they please in any manner they choose; they are leap to observe both the limitations on ability and the procedures which are set out in the supreme, constitutional law of the community. It may therefore be said that the touchstone of constitutionalism is the concept of limited government under a college law.^[three]

Definition [edit]

Constitutionalism has prescriptive and descriptive uses. Law professor Gerhard Casper captured this attribute of the term in noting, "Constitutionalism has both descriptive and prescriptive connotations. Used descriptively, it refers chiefly to the historical struggle for constitutional recognition of the people's right to 'consent' and certain other rights, freedoms, and privileges. Used prescriptively, its meaning incorporates those features of regime seen as the essential elements of the... Constitution".^[4]

Descriptive [edit]

One example of constitutionalism'due south descriptive use is law professor Bernard Schwartz'south v volume compilation of sources seeking to trace the origins of the U.S. Bill of Rights.^[v] Beginning with English antecedents going back to Magna Carta (1215), Schwartz explores the presence and evolution of ideas of private freedoms and privileges through colonial charters and legal understandings. Then in carrying the story forward, he identifies revolutionary declarations and constitutions, documents and judicial decisions of the Confederation period and the formation of the federal Constitution. Finally, he turns to the debates over the federal Constitution'due south ratification that ultimately provided mounting pressure for a federal pecker of rights. While hardly presenting a straight line, the account illustrates the historical struggle to recognize and enshrine constitutional rights and principles in a constitutional social club.

Prescriptive [edit]

In contrast to describing what constitutions are, a prescriptive approach addresses what a constitution should be. As presented past the Canadian philosopher Wil Waluchow, constitutionalism embodies

the idea ... that government tin and should be legally express in its powers, and that its authority depends on its observing these limitations. This idea brings with information technology a host of vexing questions of interest not simply to legal scholars, only to anyone keen to explore the legal and philosophical foundations of the land.^[6]

One example of this prescriptive arroyo was the project of the National Municipal League^[seven] to develop a model state constitution.^[8]

Constitutionalism vs. Constitution [edit]

The study of constitutions is not necessarily synonymous with the study of constitutionalism. Although oft conflated, there are crucial differences. A word of this departure appears in legal historian Christian G. Fritz'south American Sovereigns: The People and America's Ramble Tradition Before the Ceremonious War,^[9] a report of the early history of American constitutionalism. Fritz notes that an analyst could approach the study of historic events focusing on issues that entailed "constitutional questions" and that this differs from a focus that involves "questions of constitutionalism."^[10] Constitutional questions involve the analyst in examining how the constitution was interpreted and practical to distribute power and authority equally the new nation struggled with problems of war and peace, tax and representation. However,

These political and constitutional controversies also posed questions of constitutionalism—how to identify the collective sovereign, what powers the sovereign possessed, and how one recognized when that sovereign acted. Unlike constitutional questions, questions of constitutionalism could non be answered by reference to given ramble text or even judicial opinions. Rather, they were open-ended questions cartoon upon competing views Americans adult later Independence about the sovereignty of the people and the ongoing role of the people to monitor the constitutional order that rested on their sovereign authority.^[x]

A similar distinction was drawn by British constitutional scholar A.V. Dicey in assessing Britain'south unwritten constitution. Dicey noted a deviation between the "conventions of the constitution" and the "police force of the constitution". The "essential distinction" between the two concepts was that the law of the constitution was made upward of "rules enforced or recognised by the Courts", making upward "a torso of 'laws' in the proper sense of that term." In contrast, the conventions of the constitution consisted "of customs, practices, maxims, or precepts which are not enforced or recognised by the Courts" but "make up a body not of laws, but of constitutional or political ethics".^[xi]

Core features [edit]

Magna Carta of England (the "Great Charter") created in 1215 is regarded every bit ane of the greatest ramble documents of all times.^[12]

Fundamental law and legitimacy of government [edit]

One of the most salient features of constitutionalism is that it describes and prescribes both the source and the limits of government power derived from fundamental law. William H. Hamilton has captured this dual aspect by noting that constitutionalism "is the proper name given to the trust which men quiet in the ability of words engrossed on parchment to keep a government in guild."^[13]

Moreover, whether reflecting a descriptive or prescriptive focus, treatments of the concept of constitutionalism all deal with the legitimacy of government. One recent cess of American constitutionalism, for instance, notes that the thought of constitutionalism serves to define what information technology is that "grants and guides the legitimate exercise of government authority".^[14] Similarly, historian Gordon S. Wood described this American constitutionalism as "advanced thinking" on the nature of constitutions in which the constitution was conceived to be a "sett of fundamental rules by which even the supreme power of the state shall be governed."^[15] Ultimately, American constitutionalism came to rest on the collective sovereignty of the people, the source that legitimized American governments.

Civil rights and liberties [edit]

Constitutionalism is not but about the power construction of gild. Information technology also asks for a strong protection of the interests of citizens, civil rights as well as civil liberties, particularly for the social minorities, and has a close relation with democracy.^{[sixteen] [17]} The United Kingdom has had basic laws limiting governmental ability for centuries. Historically, there has been piddling political support for introducing a comprehensive written or codification constitution in the Uk. Even so, several commentators and reformers take argued for a new British Bill of Rights to provide liberty, commonwealth and the rule of constabulary with more effective constitutional protection.^[18]

Criticisms [edit]

Legal scholar Jeremy Waldron contends that constitutionalism is often undemocratic:

Constitutions are non but near restraining and limiting power; they are near the empowerment of ordinary people in a democracy and allowing them to control the sources of constabulary and harness the apparatus of government to their aspirations. That is the democratic view of constitutions, but it is not the constitutionalist view.... Of form, it is ever possible to present an alternative to constitutionalism as an culling form of constitutionalism: scholars talk of "pop constitutionalism" or "democratic constitutionalism."... Simply I recollect it is worth setting out a stark version of the antipathy between constitutionalism and autonomous or popular self-government, if but because that will assistance us to measure more clearly the extent to which a new and mature theory of ramble police force takes proper account of the constitutional burden of ensuring that the people are non disenfranchised by the very certificate that is supposed to give them their power.^[nineteen]

Constitutionalism has also been the subject field of criticism by Murray Rothbard, who attacked constitutionalism every bit incapable of restraining governments and does non protect the rights of citizens from their governments:

[i]t is true that, in the U.s.a., at least, we have a constitution that imposes strict limits on some powers of government. Only, every bit nosotros take discovered in the past century, no constitution can interpret or enforce itself; it must be interpreted past men. And if the ultimate ability to interpret a constitution is given to the authorities's own Supreme Court, and then the inevitable tendency is for the Court to go on to place its imprimatur on ever-broader powers for its own government. Furthermore, the highly touted "checks and balances" and "separation of powers" in the American government are flimsy indeed, since in the final analysis all of these divisions are part of the same authorities and are governed by the aforementioned set up of rulers.^[20]

Constitutionalism by nations [edit]

Used descriptively, the concept of constitutionalism tin can refer chiefly to the historical struggle for ramble recognition of the people's correct to "consent" and certain other rights, freedoms, and privileges.^[4] On the other manus, the prescriptive approach to constitutionalism addresses what a constitution should exist. Two observations might be offered virtually its prescriptive utilise.

• In that location is oftentimes confusion in equating the presence of a written constitution with the conclusion that a land or polity is i based upon constitutionalism. As noted by David Fellman, constitutionalism "should not be taken to mean that if a state has a constitution, it is necessarily committed to the idea of constitutionalism. In a very real sense... every land may be said to have a constitution, since every land has institutions which are at the very least expected to be permanent, and every country has established ways of doing things". Just even with a "formal written document labelled 'constitution' which includes the provisions customarily constitute in such a document, it does non follow that it is committed to constitutionalism...."^[21]
• Oftentimes the discussion "constitutionalism" is used in a rhetorical sense, equally a political argument that equates the views of the speaker or writer with a preferred view of the constitution. For example, Academy of Maryland Constitutional History Professor Herman Belz'southward critical cess of expansive constitutional construction notes that "constitutionalism... ought to exist recognized every bit a distinctive ideology and approach to political life.... Constitutionalism not only establishes the institutional and intellectual framework, but it also supplies much of the rhetorical currency with which political transactions are carried on."^[22] Similarly, Georgetown University Law Heart Professor Louis Michael Seidman noted as well the confluence of political rhetoric with arguments supposedly rooted in constitutionalism. In assessing the "meaning that disquisitional scholars attributed to ramble law in the tardily twentieth century," Professor Seidman notes a "new order... characterized well-nigh prominently by extremely ambitious utilise of legal argument and rhetoric" and as a result "powerful legal actors are willing to advance arguments previously idea out-of-premises. They accept, in brusk, used legal reasoning to practice exactly what crits claim legal reasoning always does—put the lipstick of disinterested constitutionalism on the grunter of raw politics."^[23]

United States [edit]

Descriptive [edit]

Constitutionalism of the Usa has been divers equally a complex of ideas, attitudes and patterns elaborating the principle that the say-so of government derives from the people, and is limited by a body of fundamental police force. These ideas, attitudes and patterns, according to one analyst, derive from "a dynamic political and historical procedure rather than from a static trunk of thought laid down in the eighteenth century".^[24]

In U.Southward. history, constitutionalism, in both its descriptive and prescriptive sense, has traditionally focused on the federal constitution. Indeed, a routine supposition of many scholars has been that understanding "American constitutionalism" necessarily entails the thought that went into the drafting of the federal constitution and the American experience with that constitution since its ratification in 1789.^[25]

There is a rich tradition of state constitutionalism that offers broader insight into constitutionalism in the U.s.a..^{[26] [27]} While state constitutions and the federal constitution operate differently equally a function of federalism from the coexistence and coaction of governments at both a national and state level, they all rest on a shared supposition that their legitimacy comes from the sovereign authority of the people or popular sovereignty. This underlying premise, embraced past the American revolutionaries with the Declaration of Independence unites American constitutional tradition.^{[28] [29] [30]}

Both experience with land constitutions earlier and after the federal constitution besides as the emergence and operation of the latter reverberate an ongoing struggle over the idea that all governments in America rested on the sovereignty of the people for their legitimacy.^[31]

Prescriptive [edit]

Starting with the suggestion that "'Constitutionalism' refers to the position or practice that government be limited by a constitution, usually written," analysts take a variety of positions on what the constitution means. For case, they draw the certificate as a certificate that may specify its relation to statutes, treaties, executive and judicial deportment, and the constitutions or laws of regional jurisdictions. This prescriptive use of Constitutionalism is likewise concerned with the principles of constitutional pattern, which includes the principle that the field of public action be partitioned between delegated powers to the regime and the rights of individuals, each of which is a brake of the other, and that no powers be delegated that are beyond the competence of government.^[32]

Ii notable Chief Justices of the United States who played an of import office in the evolution of American constitutionalism are John Marshall and Earl Warren. John Marshall, the 4th Principal Justice, upheld the principle of judicial review in the 1803 landmark case Marbury v. Madison, whereby Supreme Courtroom could strike down federal and land laws if they conflicted with the Constitution.^{[33] [34]} By establishing the principle of judicial review, Marshall Court helped implement the credo of separation of powers and cement the position of the American judiciary equally an independent and co-equal branch of government.^[34] On the other paw, Earl Warren, the 14th Principal Justice, greatly extended civil rights and civil liberties of all Americans through a series of landmark rulings.^{[35] [36]} The Warren Court started a liberal Constitutional Revolution by bringing "1 man, one vote" to the United States, fierce apart racial segregation and state laws banning interracial marriage, extending the coverage of Pecker of Rights, providing defendants' rights to an chaser and to silence (Miranda warning), and so on.^{[35] [36] [37] [38] [39]}

Great britain [edit]

Descriptive [edit]

The United Kingdom is perhaps the all-time instance of constitutionalism in a country that has an uncodified constitution. A variety of developments in 17th century England, including the Constitutional Monarchy and "the protracted struggle for ability between Male monarch and Parliament was accompanied by an efflorescence of political ideas in which the concept of countervailing powers was clearly defined,"^[40] led to a well-developed polity with multiple governmental and private institutions that counter the ability of the state.^[41]

Prescriptive [edit]

Constitutionalist was also a characterization used by some independent candidates in UK full general elections in the early on 1920s. Almost of the candidates were onetime Liberal Party members, and many of them joined the Conservative Political party before long afterward existence elected. The best known Constitutionalist candidate was Winston Churchill in the 1924 U.k. general ballot.^[42]

Nihon [edit]

On May 3, 1947, the sovereign state of Japan has maintained a unitary parliamentary ramble monarchy with an Emperor and an elected legislature called the National Nutrition.^[43]

Polish–Lithuanian Democracy [edit]

Descriptive [edit]

From the mid-sixteenth to the belatedly eighteenth century, the Polish–Lithuanian Commonwealth utilized the liberum veto, a grade of unanimity voting rule, in its parliamentary deliberations. The "principle of liberum veto played an important role in [the] emergence of the unique Polish course of constitutionalism." This constraint on the powers of the monarch were meaning in making the "[r]ule of police, religious tolerance and limited ramble regime... the norm in Poland in times when the rest of Europe was being devastated by religious hatred and despotism."^[44]

Prescriptive [edit]

The Constitution of May 3, 1791, which historian Norman Davies calls "the first constitution of its kind in Europe",^[45] was in result for but a year. It was designed to redress longstanding political defects of the Polish–Lithuanian Republic and its traditional system of "Gilt Liberty". The Constitution introduced political equality between townspeople and nobility (szlachta) and placed the peasants under the protection of the government, thus mitigating the worst abuses of serfdom.^{[ citation needed ]}

Dominican Democracy [edit]

After the democratically elected regime of president Juan Bosch in the Dominican Republic was deposed, the Constitutionalist motility was built-in in the land. Equally opposed to said move, the Anti-constitutionalist motion was besides built-in. Bosch had to depart to Puerto Rico later he was deposed. His first leader was Colonel Rafael Tomás Fernández Domínguez, and he wanted Bosch to come up dorsum to power once more. Colonel Fernández Domínguez was exiled to Puerto Rico where Bosch was. The Constitutionalists had a new leader: Colonel Francisco Alberto Caamaño Deñó.^{[ citation needed ]}

Islamic states [edit]

The scope and limits of constitutionalism in Muslim countries have attracted growing interest in recent years. Authors such equally Ann E. Mayer define Islamic constitutionalism as "constitutionalism that is in some form based on Islamic principles, as opposed to constitutionalism that has adult in countries that happen to be Muslim but that has not been informed by distinctively Islamic principles".^[46] However, the concrete meaning of the notion remains contested amongst Muslim as well as Western scholars. Influential thinkers like Mohammad Hashim Kamali^[47] and Khaled Abou El Fadl,^[48] but as well younger ones like Asifa Quraishi^[49] and Nadirsyah Hosen^[50] combine classic Islamic law with modern constitutionalism. The constitutional changes initiated by the Arab Leap movement take already brought into reality many new hybrid models of Islamic constitutionalism.^[51]

Encounter too [edit]

• Classical liberalism
• Ramble liberalism
• Constitution Party (disambiguation)
• Constitutional law
• Constitutionalism in the Usa
• Judicial interpretation
• Libertarianism
• Natural and legal rights
• Philosophy of constabulary
• Dominion according to higher law
• Dominion of law
• Separation of powers
• Social contract

References [edit]

1. ^ Don E. Fehrenbacher, Constitutions and Constitutionalism in the Slaveholding Southward (University of Georgia Press, 1989). p. 1. ISBN 978-0-8203-1119-7.
2. ^ Gordon, Scott (1999). Decision-making the Country: Constitutionalism from Ancient Athens to Today. Harvard University Press. p. four. ISBN0-674-16987-5.
3. ^ Philip P. Wiener, ed., "Dictionary of the History of Ideas: Studies of Selected Pivotal Ideas" Archived 2006-06-23 at the Wayback Machine, (David Fellman, "Constitutionalism"), vol 1, pp. 485, 491–492 (1973–74) ("Whatever item form of government a constitution delineates, however, information technology serves as the keystone of the curvation of constitutionalism, except in those countries whose written constitutions are mere sham. Constitutionalism as a theory and in do stands for the principle that there are—in a properly governed state—limitations upon those who practice the powers of government, and that these limitations are spelled out in a body of college law which is enforceable in a multifariousness of ways, political and judicial. This is past no means a modern idea, for the concept of a higher police which spells out the basic norms of a political society is equally one-time as Western civilization. That there are standards of rightness which transcend and control public officials, even current popular majorities, represents a critically significant element of human'southward endless quest for the good life.")
4. ^ ^{a b} Leonard Levy, ed., Encyclopedia of the American Constitution, (Gerhard Casper, "Constitutionalism"), vol 2, p. 473 (1986) ISBN 978-0-02-864880-4.
5. ^ Bernard Schwartz, The Roots of the Beak of Rights (5 vols., Chelsea House Publisher, 1980) ISBN 978-0877542070.
6. ^ Stanford Encyclopedia of Philosophy, Wil Waluchow "Constitutionalism" (Intro Jan. 2001 (revised Feb. 20, 2007).
7. ^ Frank Mann Stewart, A One-half Century of Municipal Reform: A History of the National Municipal League Ch.2 (Univ. of California Press, 1950).
8. ^ "Model State Constitution" (PDF). utexas.edu. Archived from the original (PDF) on 26 February 2013. Retrieved 2 May 2018.
9. ^ (Cambridge Academy Press, 2008).
10. ^ ^{a b} Christian G. Fritz, American Sovereigns: The People and America'due south Ramble Tradition Before the Ceremonious War (Cambridge University Press, 2008). p. six ISBN 978-0-521-88188-3.
11. ^ Dicey, A. Five., Introduction to the Written report of the Law of the Constitution Archived 2004-04-08 at the Wayback Machine, 8th ed. (London: Macmillan 1914) (Function Iii: The Connection between the police force of the constitution and the conventions of the constitution; Ch fourteen.
12. ^ "English language translation of Magna Carta". The British Library . Retrieved 2019-10-21 .
13. ^ Walton H. Hamilton, "Constitutionalism". in Edwin R.A. Seligman, et al. (eds) Encyclopedia of the Social Sciences (New York: Macmillan 1931). p. 255.
14. ^ Christian G. Fritz, American Sovereigns: The People and America's Ramble Tradition Before the Civil War (Cambridge University Press, 2008). p. 1. ISBN 978-0-521-88188-3.
15. ^ Gordon S. Wood, The Creation of the American Republic, 1770–1787 (Norton & Co. 1969). p. 268. ISBN 0-393-31040-Ten (quoting Demophilus, Genuine Principles Archived 2011-05-11 at the Wayback Machine. p. 4> (Demophilus [George Bryan?]: the Genuine Principles of the Ancient Saxon, Or English [,] Constitution).
16. ^ Zuckert, Michael (Jump 2004). "Natural Rights and Modern Constitutionalism". Northwestern Journal of International Homo Rights. 2.
17. ^ Pilon, Roger (1993). "On the Offset Principles of Constitutionalism: Liberty, Then Democracy". American University International Law Review.
18. ^ Abbott, Lewis F. Defending Freedom: The Case for a New Pecker of Rights. ISR/Google books, 2019. ISBN 9780906321737^{[ page needed ]}
19. ^ Waldron, Jeremy (2009). "Constitutionalism – A Skeptical View". In Christiano, Thomas; Christman, John (eds.). Contemporary Debates in Political Philosophy. p. 279.
20. ^ Murray North. Rothbard, For a New Liberty: The Libertarian Manifesto (1978), p. 48.
21. ^ Fellman, David (1973–1974). "Constitutionalism". In Wiener, Philip P. (ed.). Lexicon of the History of Ideas: Studies of Selected Pivotal Ideas. Vol. 1. p. 485. Archived from the original on 2006-06-23.
22. ^ Herman Belz, "A Living Constitution or Primal Police force? American Constitutionalism in Historical Perspective" Archived 2008-12-02 at the Wayback Machine (Rowman & Littlefield Publishers, Inc. 1998) at pp. 148–149 (Belz farther argues: "Constitutionalism shapes political life in a diversity of ways. Ramble principles can become matters of commitment and belief possessing intrinsic value that motivate political action.... When citizens and governing officials internalize constitutional values, acting out of fidelity to law rather than expediency, constitutionalism gives management to political life. Constitutionalism has a configurative upshot also in providing the forms, rhetoric, and symbols by which politics is carried on. Political groups and individuals ordinarily try to choose courses of action that are consistent with or required by the Constitution. They do so not because they are in each example committed to the constitutional principle or value at issue... [but] considering they know that the public takes the Constitution seriously, believing that it embodies fundamental values and formal procedures that are the touchstone of political legitimacy. In American politics the Constitution is a justifying concept, and groups that invoke ramble arguments do and then, from their own perspective perhaps and in an firsthand sense, instrumentally. Considered from an external and long-range view in relation to the polity every bit a whole, all the same, reliance on constitutional principles and rules is normative and noninstrumental. In this way constitutionalism shapes political events") ISBN 978-0-8476-8643-viii.
23. ^ Seidman, Louis Michael (Nov 2006). "Critical Constitutionalism Now" (PDF). Fordham Police force Review. 75: 575, 586. Archived from the original (PDF) on 2008-09-10.
24. ^ Stephen 1000. Griffin, "American Constitutionalism: From Theory to Politics" Archived 2011-08-12 at the Wayback Machine (Princeton University Press, 1996). p. 5. ISBN 978-0-691-03404-1.
25. ^ For the assumptions past historians, political scientists and lawyers that have contributed to a view of constitutionalism essentially connected and bars to the US Constitution, meet Christian Grand. Fritz, "Fallacies of American Constitutionalism Archived 2011-05-xi at the Wayback Machine ," 35 Rutgers Law Journal (2004), 1327–1369. See likewise Christian G. Fritz, American Sovereigns: The People and America's Constitutional Tradition Before the Civil War (Cambridge University Printing, 2008). p. 284 ("Invariably, the state constitutional tradition is deemed less authentic considering of its departure from the federal model. This has led to the assumption that 1 need only study the federal Constitution to notice what American constitutionalism was then and is today.") ISBN 978-0-521-88188-iii.
26. ^ G. Alan Tarr, Understanding Land Constitutions (Princeton Univ. Press, 1998)
27. ^ John J. Dinan, The American Land Constitutional Tradition (Univ. Press of Kansas, 2006).
28. ^ Paul Grand. Conkin, Self-Axiomatic Truths: Existence a Soapbox on the Origins & Development of the First Principles of American Government – Popular Sovereignty, Natural Rights, and Balance & Separation of Powers (Indiana Univ. Press, 1974), p. 52 (describing "the almost unanimous acceptance of popular sovereignty at the level of abstract principle")
29. ^ Edmund South. Morgan, "The Trouble of Popular Sovereignty," in Aspects of American Liberty: Philosophical, Historical and Political (The American Philosophical Society, 1977), p. 101 (concluding the American Revolution "confirmed and completed the subordination of government to the will of the people")
30. ^ Willi Paul Adams, The Starting time American Constitutions: Republican Ideology and the Making of the Country Constitutions in the Revolutionary Era (University of N Carolina Press, 1980), p. 137 (asserting that statements of the "principle" of the people's sovereignty "expressed the very heart of the consensus among the victors of 1776").
31. ^ Christian G. Fritz, American Sovereigns: The People and America's Constitutional Tradition Before the Civil War (Cambridge University Press, 2008). p. 284 (Observing that from the Revolutionary era to the period before the Civil War "Americans continued to wrestle with what it meant that their national as well every bit state governments rested on the sovereignty of the people") ISBN 978-0-521-88188-3.
32. ^ James Madison, in his remarks introducing the Beak of Rights, viii June 1789, Register ane:424–450. Link Archived 2009-05-04 at the Wayback Automobile
33. ^ "Marbury five. Madison". Oyez . Retrieved 2019-ten-21 .
34. ^ ^{a b} landmarkcases.dcwdbeta.com, Landmark Supreme Court Cases (555) 123-4567. "Landmark Supreme Court Cases | Cases – Marbury v. Madison". Landmark Supreme Court Cases . Retrieved 2019-10-21 .
35. ^ ^{a b} Pederson, William D. "Earl Warren". www.mtsu.edu . Retrieved 2019-09-fifteen .
36. ^ ^{a b} "Earl Warren". California Museum . Retrieved 2019-09-01 .
37. ^ "From the Archives: Earl Warren Dies at 83; Chief Justice for sixteen Years". Los Angeles Times. 1974-07-10. Retrieved 2019-10-06 .
38. ^ Driver, Justin (October 2012). "The Constitutional Conservatism of the Warren Court". California Law Review. 100 (5): 1101–1167. JSTOR 23408735.
39. ^ Swindler, William F. (1970). "The Warren Court: Completion of a Constitutional Revolution" (PDF). Vanderbilt Law Review. 23. Archived from the original (PDF) on 2019-10-03. Retrieved 2019-10-21 .
40. ^ Gordon, Scott (1999). Controlling the Country: Constitutionalism from Ancient Athens to Today. Harvard University Press. pp. 5, 223–283, 327–357. ISBN0-674-16987-5.
41. ^ Bagehot, Walter (1867). The English Constitution. Chapman and Hall. pp. 2, 348. (Bagehot noted his intent to correct mistaken views of the British constitution, including whether the constitution was "laid down as a principle of the English polity, that in it the legislative, the executive, and the judicial powers, are quite divided....")
42. ^ British parliamentary election results 1918–1949, Craig, F.W.S.
43. ^ "THE CONSTITUTION OF Nippon". nihon.kantei.go.jp . Retrieved 2019-10-21 .
44. ^ Rohac, Dalibor (June 2008). "The unanimity dominion and religious fractionalisation in the Polish-Lithuanian Republic". Constitutional Political Economy. Springer. 19 (2): 111–128. doi:10.1007/s10602-008-9037-5. S2CID 55627046. Archived from the original on 2012-12-17. Retrieved 2009-05-xviii .
45. ^ Davies, Norman (1996). Europe: A History . Oxford Academy Press. p. 699. ISBN0-19-820171-0.
46. ^ Ann Eastward. Mayer, Conundrums in Constitutionalism: Islamic Monarchies in an Era of Transition, 1 UCLA J. Islamic & Near E.L. 183 (Spring / Summer, 2002).
47. ^ Mohammad Hashim Kamali, Constitutionalism in Islamic Countries: A Gimmicky Perspective of Islamic Law, in: Rainer Grote and Tilmann Röder (eds.), Constitutionalism in Islamic Countries: Between Upheaval and Continuity, Oxford University Printing, Oxford/New York 2011.
48. ^ Khaled Abou El Fadl, Shariah and Constitutionalism in: Rainer Grote and Tilmann Röder (eds.), Constitutionalism in Islamic Countries: Between Upheaval and Continuity, Oxford University Press, Oxford/New York 2011.
49. ^ Asifa Quraishi, The Separation of Powers in the Tradition of Muslim Governments, in: Rainer Grote and Tilmann Röder (eds.), Constitutionalism in Islamic Countries: Between Upheaval and Continuity, Oxford University Press, Oxford/New York 2011.
50. ^ Nadirsyah Hosen, "In search of Islamic Constitutionalism", American Journal of Islamic Social Sciences, Volume 21, No. 2, 2004, 23 foll.
51. ^ See, east.yard. the monitoring projection "Constitutional Reform in Arab Countries" (archived from the original on October 19, 2011)

Further reading [edit]

• Sandefur, Timothy (2008). "Constitutionalism". In Hamowy, Ronald (ed.). The Encyclopedia of Libertarianism. Chiliad Oaks, CA: SAGE; Cato Institute. pp. 100–103. doi:ten.4135/9781412965811.n65. ISBN978-1-4129-6580-4. LCCN 2008009151. OCLC 750831024.
• Kai Möller, The Global Model of Constitutional Rights, ISBN 0199664609, ISBN 9780199664603 Oxford University Press, 2012.

External links [edit]

• Waluchow, Wil. "Constitutionalism". In Zalta, Edward N. (ed.). Stanford Encyclopedia of Philosophy.
• Philip P. Wiener, ed., "Dictionary of the History of Ideas: Studies of Selected Pivotal Ideas", (David Fellman, "Constitutionalism"), vol ane, pp. 485, 491–492 (1973–74).
• National Humanities Constitute
• MJC Vile Constitutionalism and the Separation of Powers (1967, Indianapolis: Liberty Fund, 1998) 2d edition.
• "Economic science and the Rule of Constabulary" The Economist (2008-03-xiii).
• Middle East Ramble Forum
• The Social and Political Foundations of Constitutions Foundation for Police force, Justice and Society plan

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