Concept

Constitutionalism

Overview

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". As described by political scientist and constitutional scholar David Fellman:

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. Constitutionalism proclaims the desirability of the rule of law as opposed to rule by the arbitrary judgment or mere fiat of public officials ... Throughout the literature dealing with modern public law and the foundations of statecraft the central element of the concept of constitutionalism is that in political society government officials are not free to do anything they please in any manner they choose; they are bound to observe both the limitations on power and the procedures which are set out in the supreme, constitutional law of the community. It may therefore be said that the touchstone of constitutionalism is the concept of limited government under a higher law.

Overview adapted from Wikipedia (CC BY-SA 4.0; see the article history for authors).

Possible passages

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Hence the notion of _fundamental_ laws, which are supposed to be unalterable by the will of the sovereign; and of this nature the Salic law is understood to be in France. How far these fundamental laws extend, is not determined in any government, nor is it possible it ever should. There is such an insensible gradation from the most material laws to the most trivial, and from the most ancient laws to the most modern…
David Hume, Philosophical Works, v. 2
States what Constitutionalism is; the author is tied to Constitutionalism in the knowledge graph.
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A body politic of this kind is called a Democracy, which may be defined as a society which wields all its power as a whole. The sovereign power is not restrained by any laws, but every one is bound to obey it in all things; such is the state of things implied when men either tacitly or expressly handed over to it all their power of self-defense, or in other words, all their right. For if they had wished to retain…
Benedictus de Spinoza, The Philosophy of Spinoza
States what Constitutionalism is.
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To passionate Constitutionalism, still more to Royalism, which see all their own Clubs fail and die, Clubbism will naturally grow to seem the root of all evil. Nevertheless Clubbism is not death, but rather new organisation, and life out of death: destructive, indeed, of the remnants of the Old; but to the New important, indispensable. That man can co-operate and hold communion with man, herein lies his miraculous…
Thomas Carlyle, The French Revolution
Names Constitutionalism twice; opens on Constitutionalism.
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Philosophers who discussed Constitutionalism

Related ideas

Opposing perspectives

Communist state

Place in the tradition

Part of Jurisprudence.

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