Constitutionalism and rule of law pdf
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- New constitutionalism? New forms of democracy and rule of law beyond liberalism
- Constitutionalism: The Rule of Law and the Separation of Powers
New constitutionalism? New forms of democracy and rule of law beyond liberalism
This process was strengthened in connection with European integration and the transfer of further competences onto the technocratic institutions of the EU; as a result, the demos became an abstract notion. Where, therefore, we can find a solution to way out of the crisis of the political, as described above, and therefore a way of overcoming the post-political situation? What political tools are at the disposal of the contemporary democratic community and what are its aims? Is the idea of common decision-making currently present in political life and if not, is it possible to create new procedures guaranteeing a broad civic participation in the public sphere? Is there a possibility for the community to consciously take part in defining what belongs to the common good and what is just, as well as to create a common world of sense and meaning? Could an idea of new constitutionalism be an optimal theoretical framework for a re-politicisation of politics, i. And, more fundamental question, what kind of analytical instruments for describe and understand this process of new constitutionalism give for us contemporary political philosophy?
Rule of law , the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law , secures a nonarbitrary form of government , and more generally prevents the arbitrary use of power. Arbitrariness is typical of various forms of despotism, absolutism , authoritarianism , and totalitarianism. Despotic governments include even highly institutionalized forms of rule in which the entity at the apex of the power structure such as a king , a junta , or a party committee is capable of acting without the constraint of law when it wishes to do so. It has since profoundly influenced Western liberal thought. In general, the rule of law implies that the creation of laws, their enforcement, and the relationships among legal rules are themselves legally regulated, so that no one—including the most highly placed official—is above the law.
Constitutionalism and the "Rule of Law" : Constitutionalism is closely related to the Anglo-American political principle called the " rule of law. In the society, there is a single body of law applicable to all members of the society, a body of law applicable to those who govern as well as those who are governed. Government officers, like ordinary citizens, are subject to and must abide by the law; no one is above the law. Government officers, agencies, and institutions must, among other things, follow legally prescribed procedures and observe the legally guaranteed rights of individuals. The rule of law strongly implies that there are limits to political authority, that there are limits to the power of any governing elite to rule society, no matter how that elite acquired governing authority. All the organs and offices of government--the legislature, the executive, the administrative agencies, and even the courts of law--are required to observe and operate according to recognized and established rules of procedure. In short, a society's adherence to the rule of law means that the law circumscribes the discretionary authority of government officeholders, agencies, and institutions.
Constitutionalism: The Rule of Law and the Separation of Powers
Most generally, it is "a complex of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law" Constitutionalism For genuine democracies, constitutions consist of overarching arrangements that determine the political, legal and social structures by which society is to be governed. Constitutional provisions are therefore considered to be paramount or fundamental law. Under these circumstances, if constitutional law itself is inadequate, the nature of democracy and rule of law within a country is affected.
Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law ". Political organizations are constitutional to the extent that they "contain institutionalized mechanisms of power control for the protection of the interests and liberties of the citizenry , including those that may be in the minority ". Constitutionalism is descriptive of a complicated concept, deeply embedded in historical experience, which subjects the officials who exercise governmental powers to the limitations of a higher law.