The concept of Constitutionalism is most consistent with which of the following
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This is a preview. Log in to get access Show Abstract At first sight constitutionalism appears to be a key concept in public law discourse in the United Kingdom. It appears in all the major academic discussions from the rule of law and judicial review to the 'new constitutional settlement' and in relation to constitutional culture. And yet attempts to define the scope, meaning and role of constitutionalism remain vague. This article discusses the different fields in which constitutionalism is discussed and the different meanings that are attributed to the concept. It shows that constitutionalism is routinely conflated by public law scholars with other constitutional values and principles, like the rule of low or separation of powers. This article argues that constitutionalism should either be conceived as distinct from those concepts or, failing that, can safely be eliminated from public law discourse. The article concludes by asking whether a nuanced and normative discussion of constitutionalism could have any meaningful application in the United Kingdom constitution. Journal Information The Oxford Journal of Legal Studies is published on behalf of the Faculty of Law in the University of Oxford. It is designed to encourage interest in all matters relating to law, with an emphasis on matters of theory and on broad issues arising from the relationship of law to other disciplines. No topic of legal interest is excluded from consideration. In addition to traditional questions of legal interest, the following are all within the purview of the journal: comparative and international law, the law of the European Community, legal history and philosophy, and interdisciplinary material in areas of relevance. Publisher Information Oxford University Press is a department of the University of Oxford. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide. OUP is the world's largest university press with the widest global presence. It currently publishes more than 6,000 new publications a year, has offices in around fifty countries, and employs more than 5,500 people worldwide. It has become familiar to millions through a diverse publishing program that includes scholarly works in all academic disciplines, bibles, music, school and college textbooks, business books, dictionaries and reference books, and academic journals. Rights & Usage This item is part of a JSTOR Collection. This is a preview. Log in to get access Abstract Abstract If the point of constitutionalism is to define the legal framework within which collective self-government can legitimately take place, constitutionalism has to take a cosmopolitan turn: it has to occupy itself with the global legitimacy conditions for the exercise of state sovereignty. Contrary to widely made implicit assumptions in constitutional theory and practice, constitutional legitimacy is not self-standing. Whether a national constitution and the political practices authorized by it are legitimate does not depend only on the appropriate democratic quality and rights-respecting nature of domestic legal practices. Instead, national constitutional legitimacy depends, in part, on how the national constitution is integrated into and relates to the wider legal and political world. The drawing of state boundaries and the pursuit of national policies generates justice-sensitive externalities that national law, no matter how democratic, can not claim legitimate authority over. It is the point and purpose of international law to authoritatively address problems of justive-sensitive externalities of state policies. In this way, international law helps create the conditions and defines the domain over which states can legitimately claim sovereignty. States have a standing duty to help create and sustain an international legal system that is equipped to fulfill that function. Only a cosmopolitan state—a state that incorporates and reflects the global legitimacy conditions for claims to sovereignty in its constitutional structure and foreign policy—is a legitimate state. Journal Information Indiana Journal of Global Legal Studies is creating a new and important body of scholarship, as well as an analytical framework that will enhance understanding of the nature of law and society in the current global era. It is a joint publication of Indiana University Press and the Indiana University Maurer School of Law. Print subscription orders should be directed to the journal at the Maurer School of Law, 211 South Indiana Avenue, Bloomington, Indiana 47405; 812-855-8717; . Orders for online subscriptions should be directed to JSTOR at http://www.jstor.org/r/iupress. Publisher Information Indiana University Press was founded in 1950 and is today recognized internationally as a leading academic publisher specializing in the humanities and social sciences. As an academic press, our mandate is to serve the world of scholarship and culture as a professional, not-for-profit publisher. We publish books and journals that will matter 20 or even a hundred years from now – titles that make a difference today and will live on into the future through their reverberations in the minds of teachers and writers. IU Press's major subject areas include African, African American, Asian, cultural, Jewish and Holocaust, Middle East, Russian and East European, and women's and gender studies; anthropology, film, history, bioethics, music, paleontology, philanthropy, philosophy, and religion. The Press also features an extensive regional publishing program under its Quarry Books imprint. It is one of the largest public university presses, as measured by titles and income level. Rights & Usage This item is part of a JSTOR Collection. What is the concept of constitutional?The vast majority of contemporary constitutions describe the basic principles of the state, the structures and processes of government and the fundamental rights of citizens in a higher law that cannot be unilaterally changed by an ordinary legislative act. This higher law is usually referred to as a constitution.
What is the principle of constitutionalism?The principles of Constitutionalism include Separation of Powers, Responsible and Accountable Government, Popular Sovereignty, Independent Judiciary, Individual Rights and Rule of Law.
What is the principle of constitutionalism quizlet?the idea that govts have defined, limited powers & that legitimate govt action must conform to legally, formal processes based on the rule of law.
What is constitutionalism and in brief?constitutionalism, doctrine that a government's authority is determined by a body of laws or constitution. Although constitutionalism is sometimes regarded as a synonym for limited government, that is only one interpretation and by no means the most prominent one historically.
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