Dickerson - Constitutionalism Reading Flashcards
Constituionalism
What is constitionalism?
belief that government is not the controlling force of society, but an instrument within it
belief of ‘limited state’
What is a limited state?
states which powers are not to be exercised by anyone in government, but are left to people
(ex. deciding who to worship)
What is the ‘rule of law’?
“rule of law, not of men”
government must maintain law and order to prevent people from attacked one another
What is punishment without law?
prevents people from using coercive power to those who are object of their dislike
people cannot be punished if a crime has not been committed
What is discretion?
appears in law enforcement when a judge assigns a sentence to a convicted officer
can be prevented using limiting rules
ex. government needs discretion to acquire land, homeowners must be compensated
What established ‘government subject to law’ ?
The Magna Carta
