Constitutional law theory

  • Who made the constitutional theory?

    Carl Schmitt's magnum opus, Constitutional Theory, was originally published in 1928 and has been in print in German ever since.
    This volume makes Schmitt's masterpiece of comparative constitutionalism available to English-language readers for the first time..

  • A constitutional theory tries to organize these and other points of agreement in a way that prescribes results in cases where there is no agreement.
    So understood, a constitutional theory is comparable to an ac- count of the rules of grammar for a language, or perhaps to a theory of scientific or mathematical truth.
  • Constitutional theory in the United States is an academic discipline that focuses on the meaning of the United States Constitution.
    Its concerns include (but are not limited to) the historical, linguistic, sociological, ethical, and political aspects.
  • General theories of the Constitution consider the structure of the government as defined in the Constitution and, more important, as the institutions of the government have developed historically.
A constitutional theory tries to organize these and other points of agreement in a way that prescribes results in cases where there is no agreement. So understood, a constitutional theory is comparable to an ac- count of the rules of grammar for a language, or perhaps to a theory of scientific or mathematical truth.
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 Wikipedia
This understanding of constitutional theory-that it is an effort to jus- tify certain controversial conclusions by drawing on the bases of agreement that exist 

What is a constitutional theory?

Constitutional theories of this sort attempt to explain how the institutional arrangements of the United States government promote the public interest by allowing the adoption of socially beneficial legislation that does not threaten fundamental rights

Theories of the separation of powers fall into two basic groups

What is dicey's theory of constitutional law?

Shortly put, Dicey’s thesis was that constitutional law consists only in those rules affecting the structure and powers of government which are enforceable in courts of law

The exclusion of what he described as ‘conventional rules’ has been strongly criticized by a number of writers, amongst them Sir Ivor Jennings and Dr

A L Goodhart

United States foundational philosophy

In United States constitutional theory, compact theory is an interpretation of the Constitution which holds that the United States was formed through a compact agreed upon by all the states, and that the federal government is thus a creation of the states.
Consequently, under the theory states are the final arbiters over whether the federal government has overstepped the limits of its authority as set forth in the compact.
Compact theory contrasts with contract theory, which holds that the United States was formed with the consent of the people—rather than the consent of the states—and thus the federal government has supreme jurisdiction over the states.
Compact theory has never been upheld by the courts.

Aspect of jurisprudence

Libertarian theories of law build upon classical liberal and individualist doctrines.

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Constitutional law vs common law