constitutionalism
limited constitutional government
The idea that government must follow constitutional rules and cannot use unlimited power.
[constitutionalism]; [commitment to/defense of constitutionalism]
- A written constitution alone does not guarantee constitutionalism.
- Constitutionalism depends on courts, legislatures, officials, and citizens accepting limits on government power.
- The reformers argued that democracy without constitutionalism could still threaten minority rights.
- Constitutionalism limits what leaders can do.
- The new constitution was meant to support constitutionalism.
constitutional tradition or culture
A country’s or period’s way of thinking about and using constitutional rules.
[adjective/place/period] constitutionalism
- American constitutionalism places unusual importance on judicial review.
- Scholars often compare British constitutionalism with systems based on a single written constitution.
- The book traces the development of European constitutionalism after the Second World War.
- They studied American constitutionalism in a law class.
- British constitutionalism has a different history from many written-constitution systems.
- Base: constitutionalism
- Plural: constitutionalisms
authoritarian constitutionalism
1constitutional forms under authoritarianism
A system where an authoritarian government uses constitutional rules and institutions but does not allow real political freedom.
- The new charter gave the appearance of legal order, but critics called it authoritarian constitutionalism.
- Researchers study authoritarian constitutionalism to explain why some dictatorships maintain courts and elections.
- Authoritarian constitutionalism can make repression look lawful while limiting meaningful opposition.
comparative constitutionalism
1comparison of constitutional systems
The study of how different countries’ constitutions and constitutional systems are similar or different.
- The seminar in comparative constitutionalism examined courts in Germany, India, South Africa, and the United States.
- Comparative constitutionalism can show how similar rights are interpreted differently across legal systems.
- Her research uses comparative constitutionalism to analyze emergency powers.
democratic constitutionalism
1democracy with constitutional limits
A system where people govern through democracy, but the government must still obey constitutional rules.
- Democratic constitutionalism requires both free elections and respect for constitutional rights.
- The movement argued that democratic constitutionalism was stronger when citizens took part in public debate.
- Courts can support democratic constitutionalism, but they can also create tension with elected institutions.
global constitutionalism
1constitutional principles beyond states
The idea that constitutional principles can guide international institutions, not only national governments.
- Global constitutionalism asks whether international institutions can be made more accountable and rights-respecting.
- Some scholars see human rights treaties as evidence of global constitutionalism.
- Critics argue that global constitutionalism can lack democratic legitimacy.
liberal constitutionalism
1rights-based limited government
A political system or idea in which a constitution limits government and protects individual rights.
- Liberal constitutionalism has been challenged by leaders who claim that elected majorities should face fewer legal limits.
- The court described free speech and due process as central to liberal constitutionalism.
- Many postwar constitutions were designed around the ideals of liberal constitutionalism.
popular constitutionalism
1public role in constitutional meaning
The idea that ordinary people and democratic politics have a role in deciding what a constitution means.
- Supporters of popular constitutionalism argue that constitutional meaning should not be left entirely to judges.
- The civil rights movement is often discussed as an example of popular constitutionalism in action.
- Critics worry that popular constitutionalism can weaken the stability of constitutional rights.