Constitutional principles

Bill of Rights Amendments 7 Principles of the Constitution: The Founding Fathers and the Framers of the Constitution The men referred to as the Founding Fathers were prominent statesmen and political leaders who helped to frame and establish the US Constitution.

Constitutional principles

According Constitutional principles Scott Gordon, a political organization is constitutional to the extent that it "contain[s] institutionalized mechanisms of power control for the protection of the interests and liberties of the citizenryincluding those that may be in the minority ".

An example from the constitutional law of sovereign states would be a provincial parliament in a federal state trying to legislate in an area that the constitution allocates exclusively to the federal parliament, such as ratifying a treaty.

Action that appears to be beyond power may be judicially reviewed and, if found to be beyond power, must cease. Legislation that is found to be beyond power will be "invalid" and of no force; this applies to primary legislation, requiring constitutional authorization, and secondary legislation, ordinarily requiring statutory authorization.

In this context, "within power", intra vires, "authorized" and "valid" have the same meaning; as do "beyond power", ultra vires, "not authorized" and "invalid". In most but not all modern states the constitution has supremacy over ordinary statutory law see Uncodified constitution below ; in such states when an official act is unconstitutional, i.

It was never "law", even though, if it had been a statute or statutory provision, it might have been adopted according to the procedures for adopting Constitutional principles.

Sometimes the problem is not that a statute is unconstitutional, but the application of it is, on a particular occasion, and a court may decide that while there are ways it could be applied that are constitutional, that instance was not allowed or legitimate.

In such a case, only the application may be ruled unconstitutional. Historically, the remedy for such violations have been petitions for common law writssuch as quo warranto. Excavations in modern-day Iraq by Ernest de Sarzec in found evidence of the earliest known code of justiceissued by the Sumerian king Urukagina of Lagash ca BC.

Perhaps the earliest prototype for a law of government, this document itself has not yet been discovered; however it is known that it allowed some rights to his citizens.

Constitutional principles

For example, it is known that it relieved tax for widows and orphans, and protected the poor from the usury of the rich.

After that, many governments ruled by special codes of written laws. Some of the better-known ancient law codes include the code of Lipit-Ishtar of Isinthe code of Hammurabi of Babyloniathe Hittite codethe Assyrian code and Mosaic law.

In BC, a scribe named Draco codified the cruel oral laws of the city-state of Athens ; this code prescribed the death penalty for many offences nowadays very severe rules are often called "Draconian". It eased the burden of the workers, and determined that membership of the ruling class was to be based on wealth plutocracyrather than by birth aristocracy.

General Principles:

Cleisthenes again reformed the Athenian constitution and set it on a democratic footing in BC. Diagram illustrating the classification of constitutions by Aristotle. Aristotle ca BC was the first to make a formal distinction between ordinary law and constitutional law, establishing ideas of constitution and constitutionalismand attempting to classify different forms of constitutional government.

The most basic definition he used to describe a constitution in general terms was "the arrangement of the offices in a state". In his works Constitution of AthensPoliticsand Nicomachean Ethics he explores different constitutions of his day, including those of Athens, Spartaand Carthage.

He classified both what he regarded as good and what he regarded as bad constitutions, and came to the conclusion that the best constitution was a mixed system, including monarchic, aristocratic, and democratic elements.

He also distinguished between citizens, who had the right to participate in the state, and non-citizens and slaves, who did not. For constitutional principles almost lost to antiquity, see the code of Manu. One of the first of these Germanic law codes to be written was the Visigothic Code of Euric This was followed by the Lex Burgundionumapplying separate codes for Germans and for Romans; the Pactus Alamannorum ; and the Salic Law of the Franksall written soon after James McClellan, Liberty, Order, and Justice: An Introduction to the Constitutional Principles of American Government [].


Start studying 7 principles of the constitution. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Start studying 7 principles of the constitution. Learn vocabulary, terms, and more with flashcards, games, and other study tools. A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed.

These rules together make up, i.e. constitute, what the entity these principles are written down into a single document or set of legal documents, those documents may be said to embody a .

Popular Sovereignty is defined as "a doctrine in political theory that government is created by and subject to the will of the people". This simply means that the citizens of the country are in charge of the government and how it is run. I The Constitution of South Africa shall provide for the establishment of one sovereign state, a common South African citizenship and a democratic system of government committed to achieving equality between men and women and people of all races.

Constitutionalism - Wikipedia