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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 shall not be violated.
Legal historian Christian G. Fritz [9] distinguishes between "constitutional questions", examining how the constitution was interpreted and applied to distribute power and authority as the new nation struggled with problems of war and peace, taxation and representation, and "questions of constitutionalism —how to identify the collective ...
Anthony Giddens has developed structuration theory in such works as The Constitution of Society (1984). [7] He presents a developed attempt to move beyond the dualism of structure and agency and argues for the "duality of structure" – where social structure is both the medium and the outcome of social action , and agents and structures as ...
Self-limitation is therefore considered an expression of individual autonomy [1] and can hence be contrasted against the imposition of external limitations. Collective self-limitation or Collectively defined self-limitation [ 2 ] correspondingly refers to the definition of such limits within groups and societies, through which the group and ...
The U.S. Constitution achieved limited government through a separation of powers: "horizontal" separation of powers distributed power among branches of government (the legislature, the executive, and the judiciary, each of which provide a check on the powers of the other); "vertical" separation of powers divided power between the federal ...
In the United States, the concept of government interest arises especially when certain constitutional issues are before a court of law.Under US constitutional jurisprudence, arising from US Supreme Court decisions, the courts weigh the government's interest in a particular subject matter against the impact of restrictions being imposed on the individuals' rights and interests.
Hobbes explicitly rejects the idea of Separation of Powers, in particular the form that would later become the separation of powers under the United States Constitution. Part 6 is a perhaps underemphasised feature of his argument, explicitly in favour of censorship of the press and restrictions on the rights of free speech, should they be ...
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. Much of constitutional theory is concerned with theories of judicial review.