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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.
A Theory of African Constitutionalism. Oxford University Press. Möller, Kai (2012). The Global Model of Constitutional Rights, ISBN 0199664609, ISBN 9780199664603 Oxford University Press. Rosenfeld, Michel (1994). Constitutionalism, Identity, Difference, and Legitimacy: Theoretical Perspectives. Constitutional Conflicts S. Duke University Press.
In American law, the unitary executive theory is a Constitutional law theory according to which the President of the United States has sole authority over the executive branch. [1] It is "an expansive interpretation of presidential power that aims to centralize greater control over the government in the White House". [2]
The basic theory of American judicial review is summarized by constitutional legal scholars and historians as follows: the written Constitution is fundamental law within the states. It can change only by extraordinary legislative process of national proposal, then state ratification.
Constitution of the Year XII (First French Republic) Constitution of the Kingdom of the Two Sicilies in 1848. A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. [1]
Separation of powers is a political doctrine originating in the writings of Charles de Secondat, Baron de Montesquieu in The Spirit of the Laws, in which he argued for a constitutional government with three separate branches, each of which would have defined authority to check the powers of the others.
The leading 19th-century commentary on the Constitution, Justice Joseph Story's Commentaries on the Constitution of the United States (1833), likewise rejected the compact theory and concluded that the Constitution was established directly by the people, not the states, and that it constitutes supreme law, not a mere compact. [11]
The separation of powers principle functionally differentiates several types of state power (usually law-making, adjudication, and execution) and requires these operations of government to be conceptually and institutionally distinguishable and articulated, thereby maintaining the integrity of each. [1]