constitutionalism Flashcards
Constitutionalism
principles and practices of governance based on a constitution, which outlines the fundamental laws and principles that define a political system and limit the powers of the government
Rule of Law
Constitutional norms were codified, providing a framework for governance and ensuring that rulers did not wield arbitrary power.
Citizens’ Rights
Certain rights and privileges were granted to citizens, such as the right to participate in government, access to justice, and protection against unfair treatment.
Greek period
Developed within the context of city-states
Direct Democracy
Fails to distinguish between society and state
Fails to provide any remedy if Government violates any law
Roman Period
•Rule of Law (Lex): The Roman legal system, with its emphasis on written laws (leges), codified principles that governed the conduct of individuals and the state.
•Limited Monarchy (Early Empire): Under the early Roman Empire, emperors maintained some constitutional forms while consolidating power, resulting in a limited form of monarchy.
Era of irresponsible autocracy
Medieval Period
influenced by feudalism, the Church, and the emergence of representative institutions
Magna Carta
Emergence of Representative Institutions
Feudalism
Feudal lords held authority over territories, but their power was often tempered by obligations to the king and the hierarchy of vassals(Zamindars)
Magna Carta
The Magna Carta of 1215 in England marked a significant step in limiting the absolute power of the monarch. It introduced principles such as due process, the protection of property rights, and the idea that even a king was subject to the law.
Emergence of Representative Institutions
The rise of parliaments and councils allowed for broader participation in decision-making, providing a platform for negotiation between the monarch and the nobility.
English Constitutionalism
Glorious Revolution (1688): The overthrow of King James II and the establishment of William III and Mary II on the English throne led to the English Bill of Rights (1689).
•This foundational document established parliamentary supremacy, affirmed individual rights, and limited the monarchy’s power.
Evolution of Parliamentary Democracy
The English system of government evolved into a constitutional monarchy with a strong emphasis on representative democracy.
Common Law
The English legal tradition, characterized by the development of common law principles through court decisions, contributed to the concept of legal precedent and protection of individual rights.
Declaration of the Rights of Man and of the Citizen (1789)
This revolutionary document proclaimed fundamental rights and influenced subsequent constitutions worldwide. It emphasized liberty, equality, and popular sovereignty.
Multiple Constitutions
The French Revolution saw the adoption of several constitutions as the country went through different phases. These documents attempted to establish a balance between revolutionary ideals and practical governance
American Constitutionalism
Founding Fathers
Declaration of Independence of 1776
Separation of Powers