Constitutional law and constitutionalism

  • Constitutional Law book

    Statutory law

Essentially, Constitutional law is the supreme law and all other laws have to conform to the Constitutional law, containing laws concerning the government and its people. Whereas, Constitutionalism is a doctrine that means a government's authority is determined by a body of laws or constitution.
Constitutional law and constitutionalism
Constitutional law and constitutionalism

Conservative legal philosophy created by Adrian Vermeule

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.

Belief that government authority derives from fundamental law

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.

Belief that the U.S. Constitution limits the powers of government to protect civil liberties

Constitutionalism in the United States is a basic value espoused by political parties, activist groups and individuals across a wide range of the political spectrum, that the powers of federal, state and local governments are limited by the Constitution of the United States and that the civil and political rights of citizens should not be violated.
Constitutional pluralism is a legal doctrine dealing with real or perceived conflicts between national constitutions and international law, as enshrined in treaties, international dispute resolution mechanisms, or the European Union.
The doctrine has received criticism due to its perceived abuse by states undergoing autocratization such as Poland and Hungary in the late 2010s.

Area of constitutional 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.

Concept in law

Digital constitutionalism is a concept used in the context of research investigating the impact of digital technology on constitutional values and principles.
As for the notion of constitutionalism, this concept has not received a univocal definition, having been referred to a movement, a set of instruments and an ideology.
The notion of digital constitutionalism emerged in the context of the digital revolution that characterised the first decades of the Twenty First century.
Current research is conducted by scholars from various disciplines, including law, communication studies, philosophy and political science.
It focuses on the instruments and actors involved in promoting constitutional values and principles which are fit for the digital age.
The Persian Constitutional Revolution

The Persian Constitutional Revolution

1909 Iranian uprising against monarch Mohammad Ali Shah

The Persian Constitutional Revolution, also known as the Constitutional Revolution of Iran, took place between 1905 and 1911 during the Qajar dynasty.
The revolution led to the establishment of a parliament in Persia (Iran), and has been called an epoch-making episode in the modern history of Persia.

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